Lexis® Practical Guidance: Immigrating to Australia

Why Lexis® Practical Guidance: Immigrating to Australia?

Lexis® Practical Guidance Immigrating to Australia is an essential online reference tool for registered migration agents, embassy officials and immigration lawyers. Covering a broad range of topics including immigration processes, issues relating to visas, working, studying and doing business in Australia and immigrating with family to Australia.

This practice area offers comprehensive guidance on all aspects of the General Skilled Migration scheme, its six visa subclasses, the Business Innovation and Investment Programs as well as on numerous other immigration avenues including all partner and family related visas, requirements and processes. Included also are detailed explanations around the sponsorship process, a vital part of many visa applications, as well as the relevant legislation and up-to-date immigration forms that may be needed.

With Lexis® Practical Guidance: Immigrating to Australia you get:

Convenient online access to:
  • More than 60 Topics and 180 Guidance Notes
  • Over 80 forms, precedents and checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – know what the procedure is in different courts
  • Other useful resources such as flowcharts, external websites and additional readings

Guidance on each step taken in Immigrating to Australia:
  • Immigrating to Australia
  • The interview consulting process
  • Australian visa requirements
  • Charges for visa applications
  • Various kinds of visas
  • Requirements and conditions for student visas
  • Communicating with the Department
  • Skill select and assessment
  • Immigration offences
  • Public interest and health criteria
  • Including family members
  • Sponsorship and sponsored work
  • Partner visas, including same-sex partnerships
  • English language requirements
  • Citizenship
  • Former resident and resident return visas

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Immigrating to Australia.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.

Common Criteria for Business Innovation and Investment Program Visas

The Business Innovation and Investment program was introduced on 1 July 2012 and is a key part of the Skilled Migration program. The Skilled Migration program also includes other important subcategories such as General Skilled Migration, the Employer Nomination Scheme and the Distinguished Talent stream.

The aim of the Business Innovation and Investment Program, formerly the Business Skills Program, is to enable successful business innovators and investors to either invest or enter into business in Australia and contribute to the growth of the Australian economy. People who wish to permanently reside in Australia, can do so through the Business Innovation and Investment program provided they are:

  • High calibre business people with significant personal assets who wish to own and manage an existing or new business in Australia
  • High calibre business people with significant personal assets who wish to invest in Australia

This guidance note assists in understanding the required criteria for visas via the Business Innovation and Investment program and also provides users vital resources to navigate the process. One such resources is Form 1414 – State/Territory nomination -- Business Skills class:

  • The visa application form that is used for parties who are significant or premium investors who are looking to do business/invest and in turn permanently reside in Australia.

Core requirements for Partner visas

Partner visas facilitate entry into and/or the right to remain in Australia for individuals who are in a spousal or de facto relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and are sponsored by their spouse or de facto partner for a visa. The partner first applies for a provisional visa and then after a certain period of time has passed, a Permanent Residence visa can be granted, provided the applicant continues to meet the eligibility criteria.

In order to attain a partner visa, applicants in a married or de facto relationship must demonstrate that they are in a genuine and continuing relationship with their spouse or de facto partner and have a mutual commitment to a shared life with the exclusion of others.

As Australia does not recognise marriages between same-sex couples, individuals in a same-sex relationship would not be eligible for a Partner visa based on their marriage. However, their relationship could be assessed against the definition of "de facto relationship" and it is possible for them to apply for a Partner visa on that basis.

This guidance note includes an in-depth section on the eligibility criteria that needs to be fulfilled by applicant's seeking to obtain a partner visa. Because this type of visa application is a very popular one, this guidance note is ideal and valuable for practitioners and immigration officers who are assisting couples to obtain visas by virtue of their marriage.

The Sponsorship Process

In order for a sponsorship application to be considered, the prospective sponsor needs to complete the relevant form prescribed for the particular visa. The decision maker will make an assessment as to whether the sponsorship will be approved or rejected based on the information provided on the relevant form against the relevant sponsorship criteria. Sponsorship is a vital part of the visa application process and is part of the decision to grant or not to grant the visa, and is not a separate decision.

It is imperative that the relevant sponsorship form is accurately completed, signed and lodged together with all of the supporting documentation stipulated in the applicable form. It is also important that he sponsorship form is lodged at the same time and place as the visa application form and payment of the visa application fee in order to meet the relevant Sch 2 of the Regulations "time of application" sponsorship criteria for the particular subclass.

This guidance note further details the lodgement procedure and touches on aspects such as: time of application, time of decision and the merits review. Because this is a rapidly growing category of visa attainment, it is imperative that practitioners and immigration officers become inherently conversant with its particularities.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Application for an ENS or RSMS employer nomination
  • Employer sponsorship application
  • Employer nomination application
  • Application for subsequent entry visa
  • Authority to Obtain Details of Work Rights Status
  • Form 1263; Request Permission to Work with an Employer Beyond Six Months on a Working Holiday or Work and Holiday Visa
  • - Used to apply to the Australian government for permission to work with an employer beyond a 6 month working holiday or work and holiday visa.
    - Used for instances when a person requires more time to work on a project than previously anticipated, the time of which is longer than what was already granted for by the Australian government.
  • Form 119 – Application for evidence of Australian citizenship
    - Used to apply to the Australian government for evidence of previous Australian citizenship
    - E.g. Used when someone needs proof of previous Australian citizenship for whatever purpose.
  • National Police Checking Service (NPCS) - Application form
    - Most visa applications require a positive police check/clearance.
    - This form is used to grant the Australian police the permission to run a check on a person's record with regard to their criminal records and the like.
  • Department of Immigration and Border Protection's; United Nations High Commissioner for Refugees; IMMI 12/127; Program; Special Return Criteria 5001
  • New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461) - Application Document Checklist



The content in this practice area was authored by a number of attorneys from the multinational law firm, Fragomens, Australia, an internationally recognised specialist immigration law firm.

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