Australia has a Universal Visa system. All non-citizens must have a visa to enter
Australia. All non-citizens in Australia must hold a valid visa or be liable to
detention and removal as 'unlawful non-citizens'.
Australia's target migration intake is set yearly with a balance of different areas:
skills, family, refugee/humanitarian. Of these areas, there is a strong policy emphasis
on reducing family intake and boosting skills and business skills intakes.
Not everyone is eligible for an Australia visa. Visa matters are subject to the
Migration Act and Regulations. The rules change frequently according to legislative
amendments and Federal and High Court precedents.
Each visa subclass has its own conditions and criteria. If you apply in the wrong
class, or you do not satisfy the decision-maker that you meet the conditions and
criteria for the class you apply in, your application will be rejected without refund
of the application fee.
Discrimination against race or religion or gender is illegal in Australia, including
the Australian Immigration system. Visa applications are decided strictly on the
merits of the applicant vis-à-vis the relevant class and subclass. Bribery and corrupt
practices are alien to Australian official culture.
Where a visa application is rejected and there is an Australian sponsoring interest,
an appeal is available to an independent Review Tribunal in Australia. The application
for review is separate from the visa application itself, with an application deadline
and a separate fee, refundable if the appeal wins. Many Immigration Department decisions
taken to the Review Tribunals are overturned. These cases can be considered the
Immigration Department's mistakes in interpreting and applying migration law. Appeals
are also possible to the Federal and High Courts. These too are separate applications,
which will usually require legal representation.
Below is the list of different subclasses of visa. In order to be granted a visa
of a subclass, the applicant needs to satisfy the criteria of that subclass as well
as other relevant regulatory criteria.
Our firm offers legal services and advice in relation to all these subclasses of
visa. After preliminary assessment of a client, we can advise which subclass of
visa is the most suitable visa to apply for.
Different Subclasses of Visas:
|
Subclass 010 |
Bridging A |
|
Subclass 020 |
Bridging B |
|
Subclass 030 |
Bridging C |
|
Subclass 040 |
Bridging (Prospective Applicant) |
|
Subclass 041 |
Bridging (Non‑applicant) |
|
Subclass 050 |
Bridging (General) |
|
Subclass 051 |
Bridging (Protection Visa Applicant) |
|
Subclass 060 |
Bridging F |
|
Subclass 070 |
Bridging (Removal Pending) |
|
Subclass 100 |
Spouse |
|
Subclass 101 |
Child |
|
Subclass 102 |
Adoption |
|
Subclass 103 |
Parent |
|
Subclass 105 |
Skilled — Australian-linked |
|
Subclass 106 |
Regional-linked |
|
Subclass 110 |
Interdependency |
|
Subclass 114 |
Aged Dependent Relative |
|
Subclass 115 |
Remaining Relative |
|
Subclass 116 |
Carer |
|
Subclass 117 |
Orphan Relative |
|
Subclass 118 |
Designated Parent |
|
Subclass 119 |
Regional Sponsored Migration Scheme |
|
Subclass 120 |
Labour Agreement |
|
Subclass 121 |
Employer Nomination |
|
Subclass 124 |
Distinguished Talent |
|
Subclass 126 |
Independent |
|
Subclass 132 |
Business Talent |
|
Subclass 134 |
Skill Matching |
|
Subclass 135 |
State/Territory-nominated Independent |
|
Subclass 136 |
Skilled – Independent |
|
Subclass 137 |
Skilled – State/Territory-nominated Independent |
|
Subclass 138 |
Skilled – Australian-sponsored |
|
Subclass 139 |
Skilled – Designated Area-sponsored |
|
Subclass 143 |
Contributory Parent |
|
Subclass 151 |
Former Resident |
|
Subclass 155 |
Five Year Resident Return |
|
Subclass 157 |
Three Month Resident Return |
|
Subclass 159 |
Provisional Resident Return |
|
Subclass 160 |
Business Owner (Provisional) |
|
Subclass 161 |
Senior Executive (Provisional) |
|
Subclass 162 |
Investor (Provisional) |
|
Subclass 163 |
State/Territory Sponsored Business Owner (Provisional) |
|
Subclass 164 |
State/Territory Sponsored Senior Executive (Provisional) |
|
Subclass 165 |
State/Territory Sponsored Investor (Provisional) |
|
Subclass 173 |
Contributory Parent (Temporary) |
|
Subclass 200 |
Refugee |
|
Subclass 201 |
In-country Special Humanitarian |
|
Subclass 202 |
Global Special Humanitarian |
|
Subclass 203 |
Emergency Rescue |
|
Subclass 204 |
Woman at Risk |
|
Subclass 300 |
Prospective Marriage |
|
Subclass 302 |
Emergency (Permanent Visa Applicant) |
|
Subclass 303 |
Emergency (Temporary Visa Applicant) |
|
Subclass 309 |
Spouse (Provisional) |
|
Subclass 310 |
Interdependency (Provisional) |
|
Subclass 405 |
Investor Retirement |
|
Subclass 410 |
Retirement |
|
Subclass 411 |
Exchange |
|
Subclass 415 |
Foreign Government Agency |
|
Subclass 416
|
Special Program
|
|
Subclass 417
|
Working Holiday
|
|
Subclass 418
|
Educational
|
|
Subclass 419
|
Visiting Academic
|
|
Subclass 420
|
Entertainment
|
|
Subclass 421
|
Sport
|
|
Subclass 422
|
Medical Practitioner
|
|
Subclass 423
|
Media and Film Staff
|
|
Subclass 426
|
Domestic Worker (Temporary) — Diplomatic or Consular
|
|
Subclass 427
|
Domestic Worker (Temporary) — Executive
|
|
Subclass 428
|
Religious Worker
|
|
Subclass 442
|
Occupational Trainee
|
|
Subclass 444
|
Special Category
|
|
Subclass 445
|
Dependent Child
|
|
Subclass 447
|
Secondary Movement Offshore Entry (Temporary)
|
|
Subclass 448
|
Kosovar Safe Haven (Temporary)
|
|
Subclass 449
|
Humanitarian Stay (Temporary)
|
|
Subclass 450
|
Resolution of Status — Family Member (Temporary)
|
|
Subclass 451
|
Secondary Movement Relocation (Temporary)
|
|
Subclass 456
|
Business (Short Stay)
|
|
Subclass 457
|
Business (Long Stay)
|
|
Subclass 459
|
Sponsored Business Visitor (Short Stay)
|
|
Subclass 461
|
New Zealand Citizen Family Relationship (Temporary)
|
|
Subclass 462
|
Work and Holiday
|
|
Subclass 470
|
Professional Development
|
|
Subclass 471
|
Trade Skills Training
|
|
Subclass 495
|
Skilled — Independent Regional (Provisional)
|
|
Subclass 497
|
Graduate — Skilled
|
|
Subclass 570
|
Independent ELICOS Sector
|
|
Subclass 571
|
Schools Sector
|
|
Subclass 572
|
Vocational Education and Training Sector
|
|
Subclass 573
|
Higher Education Sector
|
|
Subclass 574
|
Postgraduate Research Sector
|
|
Subclass 575
|
Non-Award Sector
|
|
Subclass 576
|
AusAID or Defence Sector
|
|
Subclass 580
|
Student Guardian
|
|
Subclass 675
|
Medical Treatment (Short Stay)
|
|
Subclass 676
|
Tourist
|
|
Subclass 679
|
Sponsored Family Visitor
|
|
Subclass 685
|
Medical Treatment (Long Stay)
|
|
Subclass 695
|
Return Pending
|
|
Subclass 771
|
Transit
|
|
Subclass 773
|
Border
|
|
Subclass 785
|
Temporary Protection
|
|
Subclass 786
|
Temporary (Humanitarian Concern)
|
|
Subclass 787
|
Witness Protection (Trafficking) (Temporary)
|
|
Subclass 800
|
Territorial Asylum
|
|
Subclass 801
|
Spouse
|
|
Schedule 2
|
Provisions with respect to the grant of Subclasses of visas
|
|
Subclass 802
|
Child
|
|
Subclass 804
|
Aged Parent
|
|
Subclass 808
|
Confirmatory (Residence)
|
|
Subclass 814
|
Interdependency
|
|
Subclass 820
|
Spouse
|
|
Subclass 826
|
Interdependency
|
|
Subclass 834
|
Permanent Resident of Norfolk Island
|
|
Subclass 835
|
Remaining Relative
|
|
Subclass 836
|
Carer
|
|
Subclass 837
|
Orphan Relative
|
|
Subclass 838
|
Aged Dependent Relative
|
|
Subclass 845
|
Established Business in Australia
|
|
Subclass 846
|
State/Territory Sponsored Regional Established Business in Australia
|
|
Subclass 850
|
Resolution of Status (Temporary)
|
|
Subclass 851
|
Resolution of Status
|
|
Subclass 852
|
Witness Protection (Trafficking) (Permanent)
|
|
Subclass 855
|
Labour Agreement
|
|
Subclass 856
|
Employer Nomination Scheme
|
|
Subclass 857
|
Regional Sponsored Migration Scheme
|
|
Subclass 858
|
Distinguished Talent
|
|
Subclass 859
|
Designated Parent
|
|
Subclass 861
|
Skilled — Onshore Independent New Zealand Citizen
|
|
Subclass 862
|
Skilled — Onshore Australian-sponsored New Zealand Citizen
|
|
Subclass 863
|
Skilled — Onshore Designated Area-sponsored New Zealand Citizen
|
|
Subclass 864
|
Contributory Aged Parent
|
|
Subclass 866
|
Protection
|
|
Subclass 880
|
Skilled — Independent Overseas Student
|
|
Subclass 881
|
Skilled — Australian-sponsored Overseas Student
|
|
Subclass 882
|
Skilled — Designated Area-sponsored Overseas Student
|
|
Subclass 884
|
Contributory Aged Parent (Temporary)
|
|
Subclass 890
|
Business Owner
|
|
Subclass 891
|
Investor
|
|
Subclass 892
|
State/Territory Sponsored Business Owner
|
|
Subclass 893
|
State/Territory Sponsored Investor
|
|
Subclass 956
|
Electronic Travel Authority (Business Entrant — Long Validity)
|
|
Subclass 976
|
Electronic Travel Authority (Visitor)
|
|
Subclass 977
|
Electronic Travel Authority (Business Entrant — Short Validity)
|
|
Subclass 988 |
Maritime Crew |
|
Subclass 995
|
Diplomatic (Temporary)
|