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Australia
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Who needs a visa to come to Australia? 

The information in this chapter is intended as a guide only and the rules and regulations concerning visas change frequently, as well as sometimes being ambiguous, confusing and vague.

It’s important to check the latest regulations with an Australian mission or immigration consultant (such as The Emigration Group) before making a visa application.

With the exception of New Zealanders, anyone wishing to enter Australia for any purpose requires a visa. New Zealanders receive a ‘special category visa’ on arrival and nothing is stamped in their passports; there are no formalities and they can live and work in Australia for as long as they wish.

Before making any plans to live or work in (or even travel to) Australia, you must ensure that you have the appropriate visa, without which you will be refused permission to enter the country and sent back to your home country at your own expense.

There are four main categories of visa: visitorstudenttemporary residence and migration.

Multiple-entry visas are issued to those who need to visit Australia frequently over a long period, such as businessmen, entertainers, the parents of children living there and sportsmen.

There are fees for almost all visas. The processing of visa applications in some categories can take a considerable time in some countries owing to the large number of applications to be processed, and approval can take anything from a few weeks to a number of years.

Information about visas, charges and forms can be obtained from offices of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in Australia (www.immi.gov.au ) and Australian missions overseas. General information about visa applications is contained in making and processing Visa applications (form 1025i).


How to apply for an Australian visa 

It’s important to obtain and complete the correct form, pay the correct fee and satisfy other requirements such as being inside or outside Australia, as required.

For most visas where an application is made overseas, you must be outside Australia when a decision is made and for visa applications in Australia, you must be in Australia when the decision is made. If you make a visa application in Australia, you must ensure that you have a visa to return before leaving the country; otherwise, if your application is refused, you may have no right of review. If you apply for a visa in Australia, you’re usually granted a bridging visa to remain within the law if your current visa expires while a decision is being made regarding your application.

You must be careful to indicate the visa class under which you wish to be considered, as your application cannot be considered under any class other than the one noted on your application form. An Application for Migration to Australia form (47) must be completed by all applicants wishing to travel to Australia to live permanently and applications must be sent or delivered to a DIMIA office or an Australian mission overseas with all relevant documentation and the fee.

Family members who apply at the same time can usually apply on the same form and pay just one fee (a child born after an application is made, but before it’s decided, is included in the parents’ application). In certain circumstances, a spouse or dependent child can be added to an application.

Applications for some visas, such as visitors’ visas, may be decided while you wait. In this case, if you’re granted a visa you’re usually given a visa label in your passport. If your application for a visitors’ visa is refused, you're given a notice of refusal. For all other visas, you’re notified of the decision by letter. If you’re refused a visa, you're notified why and, if applicable, where you can apply for a review of the decision and the time limit for doing so.

If you plan to travel to or from Australia while your visa application is being considered (assuming this is possible), you should inform the DIMIA, as a visa will be refused if you’re in the ‘wrong place’ when a decision is made.

Extensions & RestrictionsIf you wish to stay longer than your visa allows, you should apply for another visa. If your visa expires while you’re in Australia and you haven’t applied for an extension, you’re committing a criminal offence and can be fined, given a suspended prison sentence of up to six months or even deported. If you’re deported, you're usually barred from entering Australia for one to three years. People deported for criminal or security reasons are permanently excluded.

If a visa is granted subject to certain conditions, e.g. restrictions on work or study, you must abide by those conditions or your visa may be cancelled. If you wish to change your visa status, e.g. from a visitor to a student, you must leave the country and make a new application while overseas.


Visitors Visa
Requirements and application procedure 

A visitor’s visa is normally valid for three months, but people on business visits or undergoing medical treatment and the retired parents of an Australian citizen can obtain a visitor’s visa valid for 12 months.

If you’re applying for a long-stay visitor’s visa, you must be able to show that you have access to adequate funds, although the amount is lower if you will be staying with friends or family in Australia.

Nationals of certain countries can obtain three-month visas on the spot from travel agents (see Electronic Travel Authority below) and at Australian missions (if you’re applying by post you should allow a minimum of three weeks in most countries). Many travel agents and companies provide a visa application service for visitors, although there’s usually a fee in addition to any visa fee levied by the Australian government.

It isn’t necessary to make a separate application for a child who’s included on a parent’s passport. Your passport must be valid for the period of your proposed stay in Australia.

If applicable, ensure that your visa allows multiple entries within its period of validity, when it should be marked ‘multiple travel’.

A visitor’s visa for stays of up to three months carries a fee of either $65 or $170, a visa allowing stays of up to a year costs $65 or $200.

Visitors to Australia are required to sign a declaration stating that they ‘have never had tuberculosis or any serious condition likely to endanger or be a cost to Australia’.

Electronic Travel AuthorityAustralia has one of the most efficient visa processing systems in the world for visitors planning to spend up to three months there, called Electronic Travel Authority (ETA). The ETA system builds on theAdvanced Passenger Clearance (APC) system whereby Qantas passengers arriving at Sydney airport can be cleared in as little as 20 seconds! It’s designed to fast-track passengers at airports through immigration and customs processing, and has substantially reduced the time taken to process passengers. It also allows passengers on certain flights to Australia to complete their immigration and customs processing while in the air. On arrival, electronic cards containing passenger details are simply ‘swiped’ through an immigration card reader.

Citizens of the following countries are eligible for an ETA visa: Andorra, Austria, Belgium, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Malaysia, Malta, Monaco, the Netherlands, Norway, Portugal, San Marino, Singapore, South Korea, Spain, Sweden, Switzerland, the UK, the US and the Vatican City. (There are plans to scrap visitors’ visas for visitors from ‘low risk’ countries, i.e. rich countries such as Canada, Japan and the US, whose nationals usually have little intention of overstaying their permitted period in Australia.)

Under the ETA system travellers can obtain visitors’ visas at the same time as they make their travel arrangements. Travel agents using the ETA system simply enter your passport number into a computer system linked to the Australian immigration database and receive a confirmation within seconds. No stamp is placed in your passport. To qualify, you must travel to Australia on a participating airline (includes most major airlines) or a cruise ship.

An ETA visa is usually issued free of charge (although agents may levy a fee, and for certain business classes there's a charge of $65) and is valid for a single entry into Australia within a year of issue.

In mid-2001, the Australian government introduced an online ETA application (www.eta.immi.gov.au ) whereby for a fee of $20 payable by credit card only, you can be issued with an ETA visa online. Your application is processed while you’re online and you're informed of the result of your application before logging off. As part of the application and approval process, you're issued with a reference number and you can check the status of your application and approval at any time on the site.

It’s possible to obtain an extension for a visitor’s visa under certain circumstances, although you must apply before your visa expires and must have a good reason. Visitors aren’t permitted to engage in any type of employment or formal study. They may, however, undertake non-formal study involving short-term courses of up to three months which are recreational or ‘personal-enrichment’ in nature and aren’t subsidised by any government.

The ETA system is eventually intended to replace visa application forms and labels or stamps in passports, although if you require a passport stamp you must complete an Application to visit Australia for tourism (form 48).

Employment prospects 

Australia has a labour force of 9.8 million (in December 2004), some three-quarters of whom are employed full time, and an unemployment rate of 5.1 per cent (in May 2005) – one of the world's lowest.

You shouldn’t plan on obtaining immediate employment in Australia unless you have a firm job offer or special qualifications and experience for which there’s a strong local demand, for example in accountancy and medicine. If you want a good job, you must usually be well qualified and speak fluent English (if you’re an independent migrant, you won’t be accepted without these attributes).

Unemployment is high among non-English speaking adult migrants, particularly those from the Indian subcontinent, the Middle East and North Africa. This mostly applies to those who came to Australia under the Family Reunion Program (although two-thirds have professional qualifications), many of whom believe that they were better off before.


Qualifications
What qualifications are needed to work in Australia? 

The most important qualification for working in Australia is the ability to speak English fluently.

If you have a degree or a certificate from a recognised educational establishment in an English-speaking country, language usually presents no problems. However, applicants from non-English speaking countries or backgrounds must usually pass an English test and possibly also an occupational English examination, where the pass mark depends on your profession or trade. The failure rate is high.

Once you've overcome this hurdle, you should establish whether your trade or professional qualifications and experience are recognised in Australia. While you may be well qualified in your own country, you may need to pass professional examinations or trade tests to satisfy Australian standards (overseas trained doctors went on hunger-strike a couple of years ago claiming that they were denied the right to practise by discriminatory qualification tests). If you aren’t experienced, Australian employers expect your studies to be in a relevant discipline and to have included work experience.

The recognition of professional qualifications is usually the responsibility of the relevant professional body, which migrants are normally required to join to practise in Australia. However, a favourable assessment isn’t a guarantee that you will be professionally recognised or able to gain employment in your field of expertise, as some professional bodies require overseas practitioners to pass examinations conducted or supervised by themselves. In some cases, it’s necessary for foreign professionals to work under the supervision of a registered professional Australian for a period, e.g. a year, or to undertake further training.

Medical practitioners must have studied medicine in Australia or New Zealand to work in some states, and until very recently foreign doctors couldn't work for Medicare (the state healthcare scheme). This was reviewed in 2004 – as a result of a shortage of medical staff in parts of Australia – and the Health Minister is looking to recruit doctors trained in developed countries, particularly Canada, the UK and the US.

The Australian government no longer lists the skills and qualifications necessary for occupations. However, you can check the qualifications required for a particular job in the Australian Standard Classification of Occupations (ASCO) dictionary, available for reference at Australian High Commission offices and other Australian government offices overseas and at offices of the Department of Immigration and Multicultural and Indigenous Affairs in Australia or on the website of the Australian Bureau of Statistics (www.abs.gov.au ). Additional information can be obtained from the National Office of Overseas Skills Recognition (NOOSR), PO Box 1407, Canberra City, ACT 2601 (freecall 1800-020 086, NOOSR ).

Whatever kind of job you’re looking for in Australia, whether temporary or permanent, part- or full-time, always take proof of your qualifications, training and experience with you, plus copies of references and an up-to-date curriculum vitae.

Employment Agencies

Public and Private Employment Agencies 

In Australia, the government authority in charge of employment at federal level isCentrelink.

Centrelink offices provide a range of customer services covering: education, training and youth affairs; employment; health and family services; primary industries and energy; and social security.

Centrelink offices also provide many services including: advice and information regarding the government’s Jobs, Education and Training (JET) programme; registration and acceptance of new applicants for income support and employment assistance; self-help job facilities, including computer access to a national job vacancies database; and specialist labour market assistance services for disadvantaged groups, including Aboriginals and Torres Strait Islanders, migrants, people with disabilities, single parents and young people. Centrelinkhas a comprehensive website (www.centrelink.gov.au ) which provides the latest information on Centrelink services. The Centrelink employment service can be reached on Tel. 13-2850 (local call cost from anywhere in Australia).

Private Employment AgenciesPrivate employment agencies abound in all major cities and towns in Australia and are big business. Private agencies find work for almost 100,000 people annually, although nearly two-thirds of them are engaged in casual work. Many large companies are happy to engage agents and consultants to recruit employees, particularly executives, managers, professionals and temporary staff.

There are four main types of private agency in Australia: personnel consultants, labour hire contractors, student employment services and employment agencies. Personnel consultants (head-hunters) handle mostly executive, managerial and professional positions (accountants are in demand), although there’s some overlap with general employment agencies. Labour hire contractors handle jobs for skilled, semi-skilled and unskilled manual workers and tend to be located in industrial areas rather than the main streets of major cities.

The largest number of agencies simply come under the generic term ‘employment agencies’. Some specialise in particular fields or industries: accounting; agriculture; au pairs and nannies; banking; carers; computing; engineering and technical; hospitality; industrial and manual work; legal; medical and nursing; mining; outback jobs; resort work; sales; secretarial; and tourism. Others deal with a range of industries and professions. Some agencies deal exclusively with temporary workers in a variety of occupations, including baby-sitters, chauffeurs, cleaners, cooks, gardeners, hairdressers, housekeepers, industrial workers, labourers, office staff and security guards. Care, nanny and nursing agencies are common and usually cover the whole range of nursing services. Many agencies handle both permanent and temporary positions.

Agencies are usually prohibited from charging a fee to job applicants, as they receive their fees from clients, although in some states they may charge a registration fee (check first). For permanent staff, the fee paid by the employer is a percentage of the annual salary (e.g. 10 per cent); for temporary staff, agencies take a percentage of the hourly rate paid by employers. If you take a temporary job through an agency, you’re paid by the agency, usually weekly or fortnightly, which may include paid public and annual holidays after a qualifying period. Always obtain a contract and ensure that you know exactly how much you will be paid and when, and the conditions regarding the termination of a job.

Agencies must deduct income tax from gross pay and you’re required to give an agency your tax file number within a few weeks of starting work; otherwise they must deduct tax at the highest marginal tax rate. Salaries vary considerably according to the type of job, but most secretarial jobs pay between $14 and $20 per hour. You usually receive extra pay (loading) for weekend and night work, and there are allowances (called tropical loading or remote area allowances) for jobs in remote areas of Northern Territory and Western Australia (above the Tropic of Capricorn).

Employment agencies earn a great deal of money from finding people jobs so, provided you have something to offer their clients, they’re keen to help you (if you’re an experienced accountant, nurse or secretary you may get trampled in the rush). If they cannot help you, they usually tell you immediately and won’t waste your time.

When visiting employment agencies, you should dress appropriately for the type of job you’re seeking, and take with you your bank details (if you want to get paid!), curriculum vitae (CV), passport(with a visa if applicable), references and tax file number (TFN). Office staff may be given a typing or literacy test (if applicable) and some agencies have in-house training programmes for secretarial staff. You should register with a number of agencies to maximise your chances of finding work. Keep in close contact and try to provide a telephone number where you can be reached; otherwise you should ring in every day.

There’s a plethora of employment agencies in Australia, many operating nationally with offices in all major cities, while others operate in one or two cities only. Among the larger agencies operating nationwide or in most major cities are Accountancy Placements, ADIA, Alfred Marks, BDS Challenge International, Brook Street, Catalyst Recruitment Systems, Centacom, Centastaff, Computer People, Dial-an-Angel, Drake Personnel, Ecco Personnel, Forstaff, IPA Personnel, Job Network, Julia Ross Personnel, Kelly Services, Key People, Manpower, Metier Personnel, Morgan & Banks, Select Appointments, Skilled Work Force, Temporary Solutions, Templine and Western Staff Services. Check the yellow pages for local offices of these and other agencies. If you’re travelling around Australia and plan to work in a number of major cities, you may find it advantageous to work for an agency with offices nationwide.

To find local agencies, look in the yellow pages under ‘ Employment Agencies’ and in local newspapers. Employment agencies are increasingly using the internet to advertise job vacancies, which speeds up the response and processing of job applications. Many Australian agencies employing temporary staff advertise overseas in publications targeted at those with working holidaymaker visas. A list of agencies specialising in particular jobs or fields is contained in Live, Work & Play in Australia by Sharyn McCullum (Kangaroo Press).