Australian Immigration 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 approximated resident population of 21 million was born overseas and every year more than 100,000 new migrants arrive in the country under the Migration Act 1958, which is implemented by the Department of Immigration and Culture (DIAC).

A universal visa system is in place, which means that anyone who isn’t an Australian citizen (unless you are a New Zealander) must have a visa to to gain entry to Australia and that all non-citizens in Australia without a valid visa are there unlawfully and are liable for detention and removal. To obtain a visa, you should make an application to the DIAC under one of their visa programs, and submit the accompanying fee (which varies from program to program).

The various visa programs on offer (skilled, employer sponsored, retirement, etc.) each have their own conditions and criteria that must be adhered to. If you mistakenly apply for the wrong one, or you don’t convince the Australian government that you qualify for it, your application will be rejected without refund of the application fee.

Your ethnic origin, race, nationality, religion and sex are not taken into account when determining eligibility, but factors like previous visa history, overstay risk, character, criminal records, age and medical history, do. It’s an open procedure though and you’re given a right to lodge an appeal with an independent review tribunal if you feel that you’ve been subject to unfair discrimination.

Separate humanitarian and migration programs are administered, so as to offer a balance between the Australian Government’s economic, social and environmental objectives and Australia’s international humanitarian obligations. Annual limits are in place on each of these and once they’re reached no more immigrants are issued visas until the next year.

Want to know more about emigrating to Australia? Take a look at our free guide: Emigrating To Australia