Australian Immigration Frequently Asked Questions (FAQ)

Australian Immigration FAQ
Compiled by Peter Chiam, a Registered Migration Agent. Last updated: 05 January 2008
The answers given here are not to be taken as legal/immigration advice or as substitute for the need to obtain legal/immigration advice under any circumstance.

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Million-dollar Questions.

I want to migrate to Australia, where do I start?
Where is the official Australian Department of Immigration and Citizenship (DIAC) website?
As a citizen of the UK/USA/Canada/etc I don't need a visa to enter Australia, right?
Why should or shouldn't I use a migration agent?

Forms.
What is Form 80 for?
Where can I get detailed information on English language requirements for a skilled visa?
Is Form 47A required for my spouse?
How do I inform DIAC of a change in my circumstances?
How do I inform DIAC of a change of address or my new passport details?
Do I need to inform DIAC of an incorrect answer?
Where can I read about the latest visa application fees?

Questions on DIAC Application Forms.
How do I find out my ETA number and how do I declare my ETA visa when asked if I held/hold an Australian visa?
I keep hearing about the Skilled Migration Booklet. What is it? Where can I get a copy of it?
Where can I find the SOL?
Where can I find the MODL?
Must I indicate which state/territory I intend to reside in? Will it have an impact on my application?
If my spouse is not migrating with me, must I put his/her details in my application form?

English Language Requirements.
What is the IELTS?
I scored 4.5 in one band, but have an average score of 7. Will that do?
Do I need to take the Academic or General IELTS test?
Can I submit two sets of IELTS results and choose the best components between them to score 15/25 points?

Skills Assessment: General.
Can I lodge a valid skilled visa application without a valid skills assessment?
How do I find out which skills assessing authority to lodge my skills assessment application to?
Should I submit my original skills assessment advice/result to DIAC or will a certified copy suffice?
What if I have more than one occupation that I think I can nominate?

Skills Assessment: ACS.
How long is an ACS assessment valid for?
Are the ACS serious about letters of reference for work experience?
Must my documents be certified for an ACS assessment?
What is an "RPL"?
After I'm positively assessed by the ACS, must I join the society to apply for my visa?

Points Test and the Basic Requirements.
How are my age points calculated?
Will work experience after my application lodgement be counted?
I meet the basic requirements. Do I get any extra points for that?
I score 130 points, will my application be processed faster?
How can I claim English language points?
How can I claim points for proficiency in an Australian community language?
My nominated occupation has been taken off the MODL! Do I still get the MODL points?
Do I need to meet the basic requirements if I pass the points test?
I meet the criterion of specific work experience. Can I assume I will automatically meet the recent work experience criterion?

Visa Labels.
How do I read my visa label?
My visa label is still valid, but it's in an expired passport. What do I do?
How do I determine what my visa number is?

Resident Return Visas.
What is an RRV?
What happens if I remain outside Australia after the expiry of the re-entry facility for my Resident Return Visa or my permanent visa?
I am in Australia on a permanent visa, and it's about to expire. What will happen to me if my visa expires?
Is it legal for me to hold permanent visas for more than 1 country?
Is it legal for me to apply for permanent visas from more than 1 country?

Medicals, Newborn Babies and Character Checks.
What happens if I get pregnant before my request for medicals?
What happens if I get pregnant after my request for medicals?
What happens if I have my visa, but not validated it, and my child is born?
What is my newborn baby's Australian immigration status?
How long are my medical and police checks valid?

Visa application processing.
How long is my visa application processing expected to take?
I'm presently in Australia lawfully, and have applied for a Skilled Independent (136) visa. Can I get a bridging visa?
Will I get a grace period from visa grant to first entry?

Settling in Australia
Is there a checklist of things I should do after I arrive in Australia?
How do I obtain an Australian driver's licence?
Are Australian citizens or permanent residents able to live and work freely in New Zealand?
Are New Zealand citizens or permanent residents able to live and work freely in Australia?
Where can I get information on taxes?

Million-dollar Questions.

I want to migrate to Australia, where do I start?
Unfortunately, this FAQ should really not be your starting point. Amazingly, and surprisingly, you have found your way to this FAQ before you have acquainted yourself with the DIAC (Australian Department of Immigration) website at http://www.immi.gov.au. What is DIAC, please find out by clicking the link just provided.
Where is the official Australian Department of Immigration and Citizenship (DIAC) website?
http://www.immi.gov.au.
As a citizen of the UK/USA/Canada/etc I don't need a visa to enter Australia, right?
Australia enforces a universal visa system. This means that every non-citizen requires a visa to enter and remain Australia, either temporarily or permanently. Almost every non-citizen will need to apply for a visa of some sort before entering Australia. The only notable exceptions are New Zealand citizens (who do not already hold Australian permanent visas or citizenship) who are granted Special Category Visas (SCV) upon arrival. SCVs are temporary visas allowing the holder to stay indefinitely in New Zealand but are not permanent visas.
Why should or shouldn't I use a migration agent?
An agent is very useful if you have the money but not the time, or if you have an unusual case (unclear work experience, criminal record, prior immigration offences, medical problems etc.). If your case is straightforward, it is possible to apply without the aid of an agent, provided you have a firm understanding of what is required. Usually extensive research is necessary before one is able to lodge a visa application, especially if it's a skilled visa application. If you decide to engage a migration agent, ensure he/she is a registered migration agent by checking his/her credentials at http://www.themara.com.au/Online/ARSearch.asp?DeptID=140. Agents' fees are not regulated, so feel free to get a few quotes before engaging a registered agent.

Forms.
What is Form 80 for?
Form 80 is used by DIAC for character assessments. If you applied for a skilled visa or a spouse visa, you should consider sending in a completed copy of Form 80 to DIAC.
Where can I get detailed information on English language requirements for a skilled visa?
Form 966i.
Is Form 47A required for my spouse?
If your spouse is included in Form 47SK at the time of your application, no. If you got married after you lodged your application, you should send a Form 47A and Form 1022.
How do I inform DIAC of a change in my circumstances?
Send DIAC a completed Form 1022. If you have recently married and are informing DIAC of the marriage, send a Form 47A as well.
How do I inform DIAC of a change of address or my new passport details?
For a skilled visa application, send a completed Form 929 to DIAC.
Do I need to inform DIAC of an incorrect answer?
Yes. Failure to do so may result in your visa being cancelled or your Australian citizenship application denied when you do decide to apply for it. Form 1023 is the form to use.
Where can I read about the latest visa application fees?
Form 990i. Be sure to download the latest version, as insufficient payment may cause delays and inconvenience to yourself.

Questions on DIAC Application Forms.
How do I find out my ETA number and how do I declare my ETA visa when asked if I held/hold an Australian visa?
Put "ETA" in the box provided for your visa number. You should ensure that you declare all past and present Australian visas that have been issued to you when asked on any DIAC visa application form.
I keep hearing about the Skilled Migration Booklet. What is it? Where can I get a copy of it?
The Skilled Migration Booklet 6 is also known as Form 1119. It contains directions and guidelines in plain English on how you can apply for a skilled visa and whether you qualify or not. Form 1119 is a must read for an aspiring skilled migrant, whether you choose to avail yourself to the services of a migration agent or otherwise. You may download a softcopy of Form 1119 here: http://www.immi.gov.au/allforms/booklets/books6.htm or purchase the hardcopy from the nearest Australian mission.
Where can I find the SOL?
A PDF copy of the SOL is here: http://www.immi.gov.au/allforms/pdf/1121i.pdf.
Where can I find the MODL?
The MODL can be found here http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm.
Must I indicate which state/territory I intend to reside in? Will it have an impact on my application?
If you are unsure, put "Don't Know". It shouldn't have any negative impact on your application unless you are applying for an STNI nomination but wish to reside in another state/territory.
If my spouse is not migrating with me, must I put his/her details in my application form?
Yes.

English Language Requirements.
What is the IELTS?
See http://www.ielts.org/
I scored 4.5 in one band, but have an average score of 7. Will that do?
You're advised to read Form 966i carefully.
Do I need to take the Academic or General IELTS test?
The General IELTS test will be sufficient (unless the Academic test is required for a skills assessment). If you have taken the Academic test, you may submit those results too, provided they meet the minimum scores required by DIAC.
Can I submit two sets of IELTS results and choose the best components between them to score 15/25 points?
No.

Skills Assessment: General.
Can I lodge a valid skilled visa application without a valid skills assessment?
Generally, no. Your skilled visa application must include a valid skills assessment. A valid skills assessment is an assessment that must not have expired at the time your visa application is lodged.
How do I find out which skills assessing authority to lodge my skills assessment application to?
Refer to Form 1121i, which is the Skilled Occupations List (SOL). The SOL has a column for the number of points associated with each occupation, and another column for the skills assessing authority that is responsible for that occupation. At the end of the leaflet, a list of addresses, phone numbers and website addresses for each skills assessing authority is given. Finally, short descriptions of the requirements in general for each occupation are also provided in the SOL leaflet.
Should I submit my original skills assessment advice/result to DIAC or will a certified copy suffice?
DIAC's latest advice is for applicants to only submit certified photocopies of documents.
What if I have more than one occupation that I think I can nominate?
A person may sometimes have qualification and/or experience that allows him to nominate more than one skilled occupation. For such cases, there is nothing stopping that person from applying to more than one skills assessing authority. If successful, the person may choose the positive assessment that suits him/her best. Note that having two positive skills assessments will not give you double skills points!

Skills Assessment: ACS.
How long is an ACS assessment valid for?
For recent graduates applying under Group C: 2 years from date of issuance. For others: 1 year from date of issuance. Note that other types of skills assessments from other assessing bodies may be valid for longer periods or even indefinitely.
Are the ACS serious about letters of reference for work experience?
Very. You should refer to the ACS guidelines for more details on how to prepare letters of reference for your ACS skills assessment. There have been many instances where insufficient employment references have led to delays and even failure of a skills assessment application.
Must my documents be certified for an ACS assessment?
Yes. Documents should be certified by a person before whom a Statutory Declaration may be made. You are not encouraged to supply original documents to the ACS.
What is an "RPL"?
RPL stands for Recognition of Prior Learning. RPL is a pathway for computing professionals who have limited or no computing qualifications but have extensive and varied IT experience. More details are available in the ACS guidelines and RPL information pack available off the ACS website www.acs.org.au.
After I'm positively assessed by the ACS, must I join the society to apply for my visa?
No. The invitation to join the ACS that comes with your positive skills assessment result is entirely separate from your DIAC application.

Points Test and the Basic Requirements.
How are my age points calculated?
Your age points are calculated based on your age at the time your application is received by DIAC. For example, if your birthday is 1 May 1973 and your application is received by DIAC on 1 Jan 2003, your age at the time of application was 29 years old. This means you get the points associated with the 18-29 bracket.
Will work experience after my application lodgement be counted?
No. This also means that any changes to your employment situation after your visa application has been lodged with DIAC is not something DIAC is interested in.
I meet the basic requirements. Do I get any extra points for that?
No.
I score 130 points, will my application be processed faster?
Scoring well above the passmark, in itself, will not shorten your application processing time.
How can I claim English language points?
To claim 25 points, all applicants must sit for the IELTS test and obtain scores of 7+7+7+7 or better. Specified passport holders (UK, USA, NZ, Canada, Ireland) by default are awarded 15 points if no IELTS score is submitted. All other nationalities must provide a suitable IELTS score at the time of application.
How can I claim points for proficiency in an Australian community language?
By producing evidence that your equivalent Australian bachelor's degree (or higher) was taught in the Australian community language where the university's main language was in that community language, or by sitting for and passing a NAATI level 3 exam. Note that just being a member of an ethnic community does not automatically allow you to claim these points.
My nominated occupation has been taken off the MODL! Do I still get the MODL points?
If your occupation/specialisation is on the MODL at the time your application is received by ASPC, then yes.
Do I need to meet the basic requirements if I pass the points test?
Yes. All skilled visa applicants must meet their subclasses' basic requirements. The basic requirements exist separately from the points test. Failure to meet the basic requirements for the visa subclass that you applied for will mean instant rejection.
I meet the criterion of specific work experience. Can I assume I will automatically meet the recent work experience criterion?
Unfortunately, no. Depending on your personal circumstances, you may or may not need the points for specific work experience.

Visa Labels.
How do I read my visa label?
A good guide is at http://www.facsia.gov.au/guides_acts/ssg/ssguide-9/ssguide-9.1/ssguide-9.1.1.html.
My visa label is still valid, but it's in an expired passport. What do I do?
You may continue to use that visa (provided it is not cut, damaged, cancelled or expired) by carrying that old passport with your new one.
How do I determine what my visa number is?
A visa number will always be a 10 digit number followed by an alphabetical character.

Resident Return Visas.
What is an RRV?
RRV stands for Resident Return Visa. See http://www.immi.gov.au/media/fact-sheets/95documents.htm#b for a good explanation on what an RRV is and who needs one.
What happens if I remain outside Australia after the expiry of the re-entry facility for my Resident Return Visa or my permanent visa?
A person who is outside of Australia and is not a citizen of Australia will require a visa in order to enter Australia from abroad. If you hold/held a permanent visa for Australia, and are presently outside of Australia, and if your visa is due to expire before your planned/scheduled return to Australia, or if your visa has already expired, you will lose your Australian permanent resident status when you return to Australia unless you hold a valid visa that allows you to return to Australia for permanent residence.
An RRV is one such visa that allows a you to re-enter Australia for permanent residence after your initial migrant visa's re-entry facility has expired.
In order to qualify for an RRV, you will need to meet certain requirements.
I am in Australia on a permanent visa, and it's about to expire. What will happen to me if my visa expires?
If you entered Australia on a valid permanent visa, you have the right to remain in Australia indefinitely. This right does not lapse when your visa expires while you are in Australia. In fact, your permanent visa will never expire (or lapse) while you are in Australia.
To explain this better, it is necessary to separate your permanent visa into two portions:
1. A re-entry facility: This facility is normally valid for 5 years from the date of grant. This is the portion of your visa that will expire. Upon the so-called expiry date of your visa, this facility will cease to be valid. This means that if you travel out of Australia after the "Must not enter Australia after" date, you will lose your Australian permanent resident status. In order to avoid this, you should get an RRV if you wish to travel out of Australia (even for 1 day) after the expiry of your permanent visa. If you have already gotten an RRV once, your RRV functions the same way as your initial migrant visa, and will also have a re-entry facility.
2. Authority to remain indefinitely: This portion of your visa allows you to remain permanently or indefinitely in Australia, unless your visa is cancelled. There is no expiry of this portion so long as you remain in Australia. But once you exit Australia, you must ensure you have the authority to re-enter Australia (see the point above) before you can avail yourself to the authority to remain in Australia under this portion of your visa.
This assumes you remain a non-citizen even after you qualify for Australian citizenship.
Is it legal for me to hold permanent visas for more than 1 country?
Under Australian law, there's nothing illegal about holding permanent visas for more than 1 country. How you plan to maintain the validity of multiple permanent visas is another matter.
Is it legal for me to apply for permanent visas from more than 1 country?
From Australian law's perspective, yes, it's legal.

Medicals, Newborn Babies and Character Checks.
What happens if I get pregnant before my request for medicals?
You should be aware that it may not be advisable for a pregnant woman to undergo an x-ray test. If and when your request for medicals are received, you should consult a medical practitioner for more information. You should also let your case officer know if you do or do not want to proceed with the medical exam, and your case officer may decide to put your application in suspension until after your pregnancy.
What happens if I get pregnant after my request for medicals?
If your medicals have already been sent to DIAC, there's nothing much that you need to do. Bear in mind if your child is born before the grant of visa, you will need to notify DIAC about the new addition to your family. Also, bear in mind that you will be given a period of time before you must enter Australia after being granted your visa, even if it's for a short trip. If you are into your advanced stage of pregnancy, some airline carriers will not permit you to board. It's been said that pregnancy and immigration do not mix well.
What happens if I have my visa, but not validated it, and my child is born?
If your visa has already been granted, your newborn child will not get a visa granted on your already successful application. You have an obligation to inform DIAC about the new addition to your family, as a change of circumstances before initial validation needs to be reported to DIAC. Your baby will have to be sponsored on a child visa later on.
What is my newborn baby's Australian immigration status?
On the assumption that you applied for your PR visa before your baby was born, it depends on your circumstances, but generally:
1. If your baby is born in Australia, and at least one parent is an Australian permanent visa holder or Australian citizen, your baby is an Australian citizen by birth. No Australian visa is required for this baby.
2. If your baby is born in Australia, and neither parent is an Australian citizen or permanent visa holder, your baby will generally automatically acquire the visa of either parent, whichever visa is more "beneficial".
3. If your baby is born outside Australia, and at least one parent is an Australian citizen otherwise than by descent, your baby is eligible for Australian citizenship by descent.
4. If your baby is born outside Australia, and at least one parent is an Australian citizen by descent and that parent was present in Australia lawfully for at least 2 years before your baby's citizenship registration, your baby is eligible for Australian citizenship by descent.
5. If your baby is born outside Australia, and neither parent is an Australian citizen, your baby has no immigration status in Australia and will need a visa to enter Australia.
How long are my medical and police checks valid?
Usually, your medical and police checks are valid for one year from the date they are issued (not the date you submit them to DIAC).

Visa application processing.
How long is my visa application processing expected to take?
Times vary depending on the visa subclass you chose, the workload of the processing centres and other factors. See: http://www.immi.gov.au/about/charters/client-services-charter/standards/2.1.htm for general service standards published by DIAC.
I'm presently in Australia lawfully, and have applied for a Skilled Independent (136) visa. Can I get a bridging visa?
Unfortunately, no. A 136 visa is a visa that cannot be granted in Australia. As such, it is often called an "offshore" visa, meaning the applicant must be outside Australia before the visa can be granted, if all other requirements are met for the grant of that visa.
Will I get a grace period from visa grant to first entry?
If you applied for an migrant visa (i.e. offshore visa), your visa will have a "first-entry" condition. This means that you must enter Australia by this date, otherwise, your visa will become invalid. This date is generally the first-year anniversary of your police check or medical test, whichever is earlier. This first-entry date is generally non-negotiable and must be observed if you value your permanent visa. Note that you need not migrate to Australia during this first trip. A holiday or tour would suffice. Once you have entered Australia and satisfied this first-entry condition, you should work towards satisfying the criteria for an RRV or citizenship.

Settling in Australia
Is there a checklist of things I should do after I arrive in Australia?
See http://www.immi.gov.au/living-in-australia/settle-in-australia/beginning-life/select/eng.htm.
How do I obtain an Australian driver's licence?
See http://www.immi.gov.au/living-in-australia/settle-in-australia/to-do-first/apply-drivers.htm.
Are Australian citizens or permanent residents able to live and work freely in New Zealand?
Australian citizens and Australian permanent residents presently may live, study and work freely in New Zealand.
However:
1. Time spent in New Zealand on an Australian permanent visa does not count toward Australian citizenship or and Australian RRV.
2. An Australian permanent visa holder risks being ineligible for a further Australian RRV by residing in New Zealand for an extended period of time.
3. Children born in New Zealand to Australian permanent visa holders where neither parent is an Australian citizen do not become Australian citizens by birth.
For more information, see http://www.immigration.govt.nz/nzis/operations_manual/605.htm.
Are New Zealand citizens or permanent residents able to live and work freely in Australia?
New Zealand citizens travelling on their New Zealand passports without health or character issues are usually granted SCVs on arrival in Australia. An SCV is not a permanent visa, although it allows New Zealand citizens the right to indefinite temporary residence in Australia. New Zealand permanent residents (who are not also Australian citizens or permanent residents) do not have special access to Australia, and the normal visa rules apply depending on their nationality.
Where can I get information on taxes?
See http://www.ato.gov.au/.

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