VISA CATEGORIES

There are many types of visa categories in the current migration programme. As a result choosing the appropriate visa can be confusing for intending temporary and permanent visa applicants. For this reason I have attempted to set out general categories only – excluding refugee, humanitarian and permanent protection visas under the visa type, and limited details to the title and sub-class.

N.B. I have set out the Business Skills and Student visa categories for completeness even though I do not process these types of visas.

There are visas which can only be applied for off-shore and some able to be applied for off-shore and also from within Australia (onshore), and some only from within Australia (generally only where qualifying visas are held). Interested persons -of course depending on their circumstances - will require far more detailed information than can be found on these pages, so the content is illustrative rather than explanatory.

Visa types
There are temporary visas for particular purposes – business and otherwise. With the exception of the family category temporary visas, these visas remain temporary. There are provisional visas which allow the holders to apply for permanent (residence) visas after having met certain criteria including business performance and residence in Australia generally for two years e.g. business skills visas or genuine and continuing relationship for two years e.g. spouse visas. Finally there are permanent visas which give permanent residency from the outset, or which can be granted subsequent to temporary or provisional visas.

The main visa types are listed below, but the list is descriptive and is not complete. To simplify the exercise, I have referred to individual visas by their sub- class (SC) numbers rather than title, class etc.

1.	Temporary visas:
	(a) Educational, training and cultural   - Educational (SC 418) - Visiting Academic (SC 419) - Sport (SC 421) - Occupational Trainee (SC442) - Investor Retirement (SC 405) (b) Skilled entry   - Business entry – Short stay (SC 456), - Business Entrant Electronic Travel Authority (ETA), (SC 956 (long validity), 977 (short validity) off- shore only - Sponsored Business Visitor (SC 459), sponsor can apply on-shore but applicant must be off-shore - Business entry – Long stay (SC 457 Employer sponsored -apply and grant on-shore if the Applicant holds a qualifying visa or off-shore, SC 457 Regional Employer sponsored (concessional)) - Skilled Graduate (Temporary) (SC 485) (replaces Graduate – Skilled (Temporary SC 497) - Skilled - Recognised Graduate (Temporary) New visa category the only gazetted discipline is currently Engineering (c) Family- sponsored   - Partner (including both married and de facto partners) –first stage (SC 820 - onshore) - Interdependent (including same- sex unions) –first stage (SC 826- onshore) - Prospective marriage (fiancé) (SC 300) apply off-shore only – first stage - (after arrival and marriage in Australia, applicant applies for second stage on-shore spouse (SC 820 see above). - Temporary Contributory Parent (CP) (SC 173) – first stage of CP visa if permanent visa (SC 143) is not sought at first instance. First instalment of Health charge payable only. Also SC 884 on-shore (d) Student   - Schools (SC 571); Vocational Education and Traing (VET) (SC 572); Higher Education (SC573); Master/Doctorate (SC 574); Non-award (SC 575) - Skilled Graduate (Temporary) (SC 485) (replaces the old SC 497 visa sub-class). - Student Guardian (SC 580) (e) Visitor visas   - Working Holiday (SC 417) - Work and Holiday (SC 462) –from prescribed countries - Visitor (Short stay) (SC 676), Visitor (Long Stay) (SC 686) - Sponsored Family Visitor (Short Stay) (SC 679), - ETA (Visitor) (SC 977) Port Douglas in sunny Queensland
2.	Provisional visas:
	(a) Family-sponsored   - Partner (including both married and de facto partners) (SC 309) – off-shore application only - Interdependent (including same sex unions) (SC 310) – off-shore application only (b) Skilled entry (including state sponsorship requirement)   - Skilled Regional Sponsored (Provisional) (Off-shore) (SC 475) (replaces SC 495,496 and 863 visa sub-classes) - Skilled Regional Sponsored (Provisional) (On-shore) (SC 487) (replaces SC 495, 496 and 882 visa sub-classes) (c) Business skills   - Business Owner (Provisional)-including state sponsored equivalent (SC 160 & SC 163); - Senior Executive (Provisional)-including state sponsored equivalent (SC 161 & SC 164); - Investor (Provisional) (including state sponsored equivalent) (SC 162 & SC 165) * Business skills visas are provisional for 4 years, but application can be made for permanent residency (see below) after 2 years if the necessary requirements have been satisfied, including a period of no less than one year of residency for Business Owners and at least two years for the Investor visa.
3.	Permanent visas:
	(a) General skilled entry   Generally speaking these visas can be both on and off-shore at either application or grant time or both. For off-shore visas, whilst application can be made on-shore (whilst on a valid visa) the applicant must be off-shore before the visa can be granted. After 1 September 2007 there were dramatic changes to the General Skilled Migration (GSM) programme. Please note that any skilled visa applications that have been submitted to the Adelaide Skilled Processing Centre (ASPC) (and receipted) on or before the 31 August 2007 will not be affected by these changes and will be processed under the pre 1 September 2007 regime. (i) Offshore skilled   - Skilled - Independent (Off-shore) (SC 175) (which replaces SC 136 and 861 visa sub-classes) - Skilled – Sponsored (Off-shore) (SC 176) (which replaces SC 137,138 and 862 visa sub-classes) * as these visas are classed as offshore visas and can only be granted whilst the applicant is offshore, then applicants who wish to lodge onshore can do so, but will not get the benefit of a bridging visa during processing, as bridging visas are only available in respect of determination of visas which can be lawfully granted in Australia The previous on-shore NZ visa sub-classes are an exception to this rule and have been included in the new off-shore sub-classes but NZ candidates are able to lodge and be granted on-shore and are eligible for the grant of a bridging visa. (ii) Onshore skilled- Student   - Skilled- Independent (On-shore) (SC 885) (which replaces SC 880 visa sub-class) - Skilled Sponsored (On-shore) (SC 886) (which replaces SC 881 visa sub-class) (iii) Skilled Regional Onshore   - Skilled – Regional (On-shore) (SC 887) (which replaces SC 137 –as an on-shore permanent pathway from the SIR visa and also SC 883) * This is one of the revised permanent residency options for the Skilled –Regional Sponsored visa (SC 487) The others are: - Second stage of the State –sponsored Business Owner (SC 163) see below - Regional Sponsored Migration Scheme (RSMS) (SC 857) (b) Employer sponsored migration   (i) Off Shore   - Employer Nominated Scheme (ENS) (SC 121) - Regional Sponsored Migration Scheme (RSMS) (SC 119) - Labour Agreement (SC 120) (ii) On Shore   - Employer Nomination Scheme (ENS) (SC 856) - Regional Sponsored Migration Scheme (RSMS) (SC 857) - Labour Agreement (SC 855) (c) Business skills   (i) Business Talent visa (SC 132) * This is the only new business skills visa which bestows permanent residency upon grant. (ii) The second stage of the provisional business skills visas (see above). - Business Owner- including State-sponsored equivalent (SC 890 & 892); - Investor- including State- sponsored equivalent (SC891 & 893); The permanent residency pathway for Senior Executive(Provisional) - both unsponsored and sponsored - is through Business owner (SC 890) or State Sponsored Business owner (SC 892). * Provisional visa holders become eligible to apply for permanent (Residence) visas after 2 years. (iii) Established Business in Australia (EBA) (SC 845) & Regional Established Business in Australia (REBA) (SC 846) (d) Family sponsored   - Parent Off-shore (SC 103), Aged Parent Onshore (SC 804) - Contributory Parent Off-shore (SC 143 full payment of visa application charge (VAC)) or second stage from SC 173, 864) - Partner -second stage (SC 801 onshore, 100 off-shore) - Interdependent -second stage (including same sex unions) (SC 110 on-shore, 814 off-shore) - Carer (SC 836 on-shore, 116 off-shore), Dependent Child (SC 802 on-shore 101 off-shore). Last Remaining Relative (SC 835 on-shore, 115 off-shore) and others.

Note

Please note, this information highlights the different types of visas which are currently available. Migration legislation and regulations can be complicated, at times even for practitioners! It is important to understand that what suits one person may be completely inappropriate or inapplicable for another. I would recommend against taking friendly advice or heeding anecdotal information. As a registered migration agent I have the necessary understanding of the scope of options and criteria required to maximise your chances to qualify for an appropriate visa.