Australian Immigration Law

Australian Immigration Law – The Basics

Australian immigration law applies to people who want to come to Australia from another country. They may want to settle permanently, visit, work or study. All of these cases are classified as ‘immigration’.

Australian Immigration Law

If someone wants to migrate to Australia, they usually have to apply for a visa in their home country. You must follow the strict rules when applying for a visa, or the visa will not be granted.

There are three main ways that Australian visas are granted:

1. Family migration

A person may choose to move to Australia to join a permanent Australian resident or citizen. Family migration concerns only husbands, wives, de facto partners, parents, and children.

2. Economic migration

There are many different skilled worker visas that enable a person to emigrate to Australia to seek professional or skilled work. The other opportunity to grant a visa to an overseas skilled worker is when an employer sponsors their travel.

The visa application process is complex, even in the selection of the visa you are attempting to apply for.

In most cases with economic migration, as with family migration, you will need to seek legal advice from a lawyer who specialises in Australian immigration law.

3. Refugee migration

Refugee migration does not require an immigrant to Australia to acquire a visa from their own country. A person is considered a refugee if they are at risk of serious harm in their own country. A person who claims refugee status needs to prove that they face persecution because of their:

  • religious or political beliefs,
  • race or nationality, or
  • membership of a social group.

They also need to prove that they don’t have protection from their own country.

The rules about who is a refugee are governed by the Department of Immigration and Border Protection, and follow the United Nations’ Convention.

The visa required by a refugee to Australia is called a protection visa. Each year, the Australian government grants a certain number of protection visas to those who have proven their refugee status.

If you are already in Australia and are awaiting the outcome of your application, you may be able to source work. However, it is best that you speak to an immigration lawyer first.

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