Australian Migration Rules
Australian immigration rules are the subject of this part of our guide to emigrating to Australia…
Around 25% of Australia’s estimated resident population of 20 million was born overseas and every year more than 110,000 new migrants enter the country under the Migration Act 1958 and its accompanying regulations, the practical application of which is the responsibility of the Department of Immigration and Culture (DIAC).
A universal visa system is in place, which means that all non-citizens (not including citizens of New Zealand) must have a visa to to gain entry to Australia and that all non-citizens in Australia who don’t hold a valid visa are there unlawfully and are liable for detention and removal. To get a visa, you must lodge an application with the DIAC under one of their visa programs, and submit the subsequent fee (which differs from program to program).
The various visa programs on offer (employer sponsored, skilled, retirement, etc.) all have their own terms and criteria that must be adhered to. If you mistakenly apply for the incorrect one, or you don’t satisfy the Australian government that you qualify for it, your application won’t be accepted (and you won’t get you application fee returned).
Your sex, religion, race, ethnic origin and nationality play no part in determining eligibility, but factors like medical history, age, previous visa history, character, criminal records, and overstay risk, do. It’s a transparent procedure though and you have the right to appeal to an independent review tribunal if you consider that you’ve been unfairly discriminated against.
Separate humanitarian and migration programs are administered, which aim to provide a balance between the Australian Government’s economic, social and environmental objectives and Australia’s international humanitarian obligations. There are annual limits on each of these and once reached no more immigrants are accepted until the following year.
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