Australian Migration Rules

Australian immigration rules are what we’ll be looking at in this part 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 operation, which means that all non-citizens (unless you are a New Zealander) must possess 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 deportation. To get a visa, you must lodge an application with the DIAC under one of the visa programs that they offer, and pay the subsequent fee (which varies 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 migration and humanitarian programs are used, so as to offer 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 after they’re reached no more immigrants are given entry until the next year.