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MIGRATION LAW IN AUSTRALIA

Migration law in Australia can seem very complex, particularly because of its ever-changing nature.  In general terms, people can move to Australia either through the migration program or the refugee and humanitarian entrant program.  This article will deal only with the migration program, and will look firstly at the status quo before discussing expected changes to legislation governing this area of the law. 

The Status Quo

Persons wanting to migrate to Australia fall into two broad categories. 

Workers

There are many different ways that a worker can gain a visa to live in Australia.  These include: 

• Entering as a skilled worker with sponsorship from an Australian employer. 
• Entering as a worker with skills that are of high demand in Australia but without sponsorship from an Australian employer.
• Entry as a business person wanting to establish, manage or invest in an Australian business.
• Involvement in a special cultural activity.

Family Members 

A person existing in any of the following relationships with an Australian citizen or permanent resident can gain entry into Australia:

• Partner: applies to couples intending to get married, those in a de facto relationship, and those in an interdependent (includes same-sex) relationship.
• Parent.
• Child.
• Aged dependent relative or carer.

Expected Legislative Changes

In light of evidence suggesting that strong English language skills are inextricably linked to employability, the government has indicated that migration law will soon be amended to encourage a stronger level of English language skills in all migrants.

Presently, General Skilled Migration Visas are granted to applicants who can accrue a certain number of points.  Points are awarded for age, levels of skills, qualifications and experience, and English language competency.  It is expected that the government will slightly adjust the test in order to give greater weight to English language skills, rewarding applicants who have high familiarity with English.  The test might also be altered to benefit applicants who have Australian skilled work experience and advanced Australian tertiary qualifications. 

It has also been suggested that the Australian government might create a temporary visa to enable overseas students to gain work experience, improve their English or undertake a professional year before being granted permanent residency.

It is uncertain as to when these changes may take affect, however, the expected legislative timeline would see them come into force in either July or November this year.

If you would like more information Send an email to the Migration Law team

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