STUDENT VISA

To study in Australia you must have a valid Australian visa. Student visas are temporary visas that allow people to come to Australia for a specified period to study at an Australian educational institution.

457 VISA

The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years. You must be sponsored by an approved business. A business can sponsor someone for this 457 visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

MIGRATION REVIEW TRIBUNAL (MRT)

The Migration Review Tribunal (MRT) conducts merit reviews of visa and visa-related decisions made by the Australian Department of Immigration and Border Protection.

MRT reviews a wide range of decisions in relation to visas other than protection visas

Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.

PARTNER (SPOUSE) VISA

The temporary Partner visa (subclass 820) allows you to live in Australia if you are the spouse or de facto partner of:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

In some circumstances the visa can be granted where your partner relationship has ended.

The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this partner (spouse) visa is decided.

You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.

MINISTERIAL INTERVENTION

You can make a request for ministerial intervention if you have received a decision by a review tribunal. This is because the minister’s public interest powers need a review tribunal decision to exist before he can intervene. A ‘review tribunal’ means the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).

PROTECTION / REFUGEE VISA

To be granted a Protection visa (subclass 866) you will need to be found to engage Australia’s protection obligations because you either:

  • are a refugee as defined by the Refugees Convention
  • meet the Complementary Protection criteria in the Australian Migration Act 1958.

You might also be eligible for a Protection visa if you are the family member of a person found to engage Australia’s protection obligations.

You and any eligible family members included in the application must be in Australia when you apply for this visa.

The Protection visa (subclass 866) is a permanent visa.

RSMS

This visa is a permanent residence visa for skilled workers who want to work in regional Australia. It allows you to work in Australia under one of three streams:

  • the Temporary Residence Transition stream
  • the Direct Entry stream
  • the Agreement stream.

You might be able to get this visa if you:

  • have been nominated by an approved Australian employer for a job in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • are younger than 50 years of age, unless you are exempt
  • meet the skills, qualifications and English language requirements, unless you are exempt
  • apply under the stream for which you were nominated.

ENS

This visa is a permanent residence visa for skilled workers who want to work in regional Australia. It allows you to work in Australia under one of three streams:

  • the Temporary Residence Transition stream
  • the Direct Entry stream
  • the Agreement stream.

You might be able to get this visa if you:

  • have been nominated by an approved Australian employer
  • are younger than 50 years of age, unless you are exempt
  • meet the skills, qualifications and English language requirements, unless you are exempt
  • apply under the stream for which you were nominated.

VISITOR / TOURIST VISA

You might be able to get this visa if you are travelling to Australia:

  • as a visitor
  • for business visitor activities
  • to visit family
  • on a tour with a registered travel agent from the People’s Republic of China.

If you are applying in Australia you can apply for this visa online.

If you are applying outside Australia only certain passport holders can apply for this visa online.

If you cannot apply online, you can lodge a paper application.