Note: The Australian immigration process can be complex, stressful and deeply personal. Understanding the legal framework and choosing the right pathway are important first steps.
Australia’s migration law framework
Australia’s migration system is governed by the Commonwealth Migration Act 1958, the Migration Regulations 1994, legislative instruments and Ministerial Directions.
Australian citizens have an absolute right to enter and remain in Australia. New Zealand citizens and all other non-citizens generally require a visa to travel to, enter and remain in Australia.
Visa application requirements
The Migration Act and Regulations set out the requirements for making a valid visa application. These requirements change regularly, so applicants need to ensure they apply for the correct visa type, use the approved form and lodgement method, and pay the required fee.
Common reasons for migrating to Australia
People seek to migrate to Australia for many reasons, including:
- Employment opportunities or job offers
- Romance, marriage or partner-related purposes
- Family reunion or family-related purposes
- Study or education
- Extending their stay in Australia beyond the period allowed by their current visa, whether for work-related or other reasons
How Gerard Kell & Co can assist
Gerard Kell & Co can advise and assist with a range of temporary and permanent visa matters, including visa eligibility, application preparation and lodgement, work rights applications, Administrative Review Tribunal submissions and Ministerial Intervention requests.
We can also assist where an application involves additional complexity, such as health or character concerns, a criminal record in a home country, deportation proceedings, inadmissibility issues or significant application delays.
If you or someone you know wants more information, help or advice on their migration law concerns, please contact Gerard Kell & Co on 0412 4242 38 or email us at [email protected].
Disclaimer: The information on this page is provided for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, please contact us directly or obtain independent legal advice from another qualified legal professional.
Citizenship
The Department of Home Affairs administers the Australian Citizenship Act 2007. The Act sets out the requirements that allow people who are permanent residents or New Zealand citizens to become an Australian citizen, provided they meet certain requirements before they apply.
What are the requirements for Australian Citizenship?
The general requirements for Australian Citizenship are you and everyone on the application:
- Must be a permanent resident for at least one year or eligible New Zealand citizen and, in most cases, be in Australia when you apply and when a decision is made on the application, and
- Be physically present in Australia, and lived continuously and legally on a valid visa in Australia for the past 4 years, and not been absent for more than 12 months in the last 4 years, and
- Have lived in Australia for at least 9 months out 12 months within the year, and know about Australia and understand what it means to be an Australian citizen, and score 75% or more on the Australian citizenship test, and answer all 5 questions on Australian values correctly, and
- Meet the good moral character requirement, and
- Intend to live in Australia or maintain a lasting link with Australia while overseas.
What documents do you need for a citizenship application?
The documents that need to be supplied along with the approved citizenship application form include:
- Original police certificates,
- Scans of your original documents if applying online,
- Certified copies of all other documents if lodging a paper application,
- As much information as possible to help the Department decide the application,
- Each document only once, even if using it to show more than one thing, and
- Any other and all requested documents to be lodged with your application.
How much does applying for citizenship cost?
There are a few different fees associated with applying for citizenship. The government fees currently range between $300 and $490 depending on the form you use to file.
If you or someone you know wants more information, help, or advice on the citizenship process, please contact Gerard Kell & Co on 0412 4242 38 or email us at [email protected].
