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Wednesday, 03/10/2010-

  Immigration Law Information



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)