If you are thinking about visiting or migrating to Australia, there are lots of things to consider when deciding how best to proceed. Identifying and distinguishing between each visa option to select the best one for you, as well as deciding where in Australia you would like to visit or settle more long-term, are just some of the questions that may come up. To help you ‘wade through’ the detail, you might like to consider speaking with a registered migration agent or immigration lawyer- an expert in the migration field, who can provide you with important information and advice when embarking on this process.

In Australia, immigration advice can only be provided lawfully by Registered Migration Agents and immigration lawyers. It is against the law for anyone to provide you with immigration advice who is not an immigration lawyer or registered migration agent.

Both immigration lawyers and registered migration agents can  offer advice on Australian migration to Adelaide, including any specific visa options that are available in this part of Australia. Equally important, an Adelaide registered migration agent or immigration lawyer can direct you to other information sources and where you can further research non-migration matters, such as what it is like to live, work and/or study in Adelaide.

Let’s take a closer look at why and when you may like to consider speaking with a registered migration agent, or immigration lawyer, and why Adelaide is such a popular and attractive destination to visit and/or live in Australia.

Why Choose A Registered Migration Agent In Adelaide?

Getting help from a professional in immigration such as a registered migration agent can be beneficial for many people who are looking to apply for a visa to Australia. Migration is an especially complex area of the law and speaking with an expert in the field can help to ensure that you gain a good understanding of important concepts when undertaking this process.

  • By speaking with a professional, you will learn important information, including:
    • the various visa options available;
    • the purpose for which each of these options is designed; and
    • whether you meet the eligibility criteria for the visa option/s that you are interested in. If you do not qualify, a registered migration agent can offer advice on what you would need to do to become eligible for visa grant.

 

  • An Adelaide registered migration agent can also develop a plan with you, based on your stated goals, and what you would ultimately like to achieve in the longer term in relation to settling permanently in Australia. You can then use this roadmap to guide you through your journey, and importantly, revisit it and make any necessary adjustments as circumstances change from time-to-time (whether that be due to your own circumstances, or changes in migration laws, etc.).

 

  • Seeking the above advice is designed ultimately to help you to arrive at the most suitable visa subclass for you, based on your individual circumstances. This will equip you with the knowledge and tools you need to lodge a complete and correct visa application, thereby improving your chances of a successful outcome. Whether you use this information to apply for a visa on your own, or you appoint a registered migration agent to act on your behalf, the knowledge that you will gain will be invaluable.

 

  • In certain instances, factors outside the migration space should also be considered when making such a decision, such as how selecting a particular course of action could affect your personal life, for example. This would be most relevant if you are seeking a longer-term plan to ultimately settle in Australia permanently. You may need to think about how the decisions you make are likely to affect your family, relationships, your ability to work and earn an income, the effect of potential delays (which there almost always are), and the overall period of time that reaching the end of your journey is expected take (and the impact of this on you personally).

 

  • If you are simply seeking to travel to Australia for a holiday, to visit family or friends, or to complete a qualification, and you plan to return to your home country at the conclusion of your trip and are not currently considering a further stay in Australia, then the issues outlined above are less likely to be relevant. In this regard, the specific visa-related issues will be paramount. Many people may think that applying for a short-term visa should be a relatively simple exercise, and a case of simply filling out forms and lodging them with the Department of Home Affairs (the Department). However, this can, in actual fact, be a misconception. The process can, and often is, more complicated due to the highly complex nature of the migration laws in Australia.

 

To illustrate, in order to qualify for certain visitor/tourist visas to Australia, applicants need to provide evidence to demonstrate that they genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. They must also meet a financial capacity requirement and be able to demonstrate that they have access to adequate means to support themselves (and their accompanying family members, where applicable) during their stay in Australia.

Similar criteria also apply to a Student Visa, with Genuine Temporary Entrant (‘GTE’) and financial capacity requirements to be satisfied by applicants for visa grant.

 

  • These matters can raise more complex issues for certain applicants, which is why seeking advice and guidance from an expert in the field, such as a registered migration agent, can be so beneficial. Having the right information, based on your personal situation, is key in this regard. Relying on generic information from the internet or from friends and family can pose risks to the ultimate outcome on your application, such as crucial information being missed, information being unreliable and/or out of date, and valid visa lodgement and visa grant requirements not being correctly understood and therefore misapplied in the application, all of which are likely to lead to a visa refusal.

 

As you can see, there are lots of things to think about and to decide when you embark on this process, and a registered migration agent can help to identify relevant issues to your situation. Equally important, seeking advice and assistance from a professional can provide you with peace of mind and a greater level of reassurance in what can be a stressful experience.

Additionally, if your visa application is refused by the Department, you may seek to appeal the decision to a court (Federal Circuit Court of Australia, Federal Court of Australia, or to the High Court). Speaking with a lawyer in immigration is recommended in these circumstances. You should also seek legal advice in more complex migration matters such as if the Department cancels your visa under the section 501 character requirements or if you are facing deportation from Australia.

If your case requires a legal practitioner, PAX Migration Australia can recommend suitable immigration lawyers to assist you.

Why Choose An Immigration Lawyer in Adelaide?

If your visa application is refused by the Department, and your appeal is unsuccessful at the Administrative Appeals Tribunal, you may seek to appeal the decision to a court (Federal Circuit Court of Australia, Federal Court of Australia, or to the High Court). Speaking with an immigration lawyer is recommended in these circumstances as only immigration lawyers can represent you to the Federal Circuit Court, Federal Court or High Court of Australia. You should also seek legal advice from an immigration lawyer in more complex migration matters such as if the Department cancels your visa under the section 501 character requirements or if you are facing deportation from Australia.

If your case requires a legal practitioner, PAX Migration Australia can recommend suitable immigration lawyers to assist you.

Why Choose Adelaide?

Migration to Adelaide is a popular choice for both temporary visitors and for longer term migrants alike, not only for the additional visa opportunities that it offers (due to South Australia being classified as a ‘regional area’), but also because of the overall experience it offers. If you are seeking employment opportunities, affordability, a relaxed, family-friendly environment and a pleasant climate, then you should consider Adelaide, the capital of South Australia.

What Visa Opportunities Does Adelaide Offer?

For applicants who are prepared to live, work and/or study in South Australia (these types of obligations will depend on the visa being applied for), more visa options (and potentially a greater chance to secure permanent residency) are available if eligibility requirements are met.

Before the coronavirus pandemic hit, the Government was largely focused on encouraging and promoting greater regional migration, which potentially meant that more initiatives may be introduced in the future, offering yet more opportunities for migrants to qualify for a visa to Australia. Although we are as yet unclear on what the future direction in migration priorities will be post-COVID-19, given the importance of kick-starting the economy and driving growth, and the importance of migration to Australia’s economy, it would be reasonable to assume that the previous state of affairs will resume, if not immediately, within the next few years.

Here are some of the visa options available for immigration to Adelaide Australia:

Skilled Visas

Provisional Regional Sponsored Visa Programme

This program encompasses the following visa subclasses:

Both the subclass 491 and 494 visas each provide a pathway to permanent residence with a Subclass 191 Permanent Residence (Skilled Regional) visa, which will commence from 16 November 2022.

State Sponsorship Programme

The Subclass 190 Skilled (Nominated) visa requires applicants to be nominated by the South Australian Government. Be aware that this visa subclass is not restricted only to regional parts of Australia (i.e. it is open to all participating state and territory governments in Australia, which includes South Australia).

Employer Sponsored Visa Programme

The Subclass 482 Temporary Skill Shortage (TSS) visa enables eligible employers to sponsor applicants for an initial temporary visa, which may also provide a pathway to permanent residence visa under the Employer Nomination Scheme (ENS) in selected occupations. The introduction of two new Designated Area Migration Agreements for South Australia (DAMA SA) now provides even greater opportunities for employers in South Australia to sponsor both skilled and semi-skilled overseas workers in their businesses under this programme.

Skilled Independent Visa

The Subclass 189 Skilled Independent visa is a skilled, points-based visa similar to the Subclass 190 visa discussed above, except that it is not State Sponsored, and is therefore available to all eligible applicants, no matter where they choose to settle in Australia.

Non-Skill-Based Visa Options

Adelaide also offers more visa opportunities to international students and graduates of South Australia and to Working Holiday Maker Visa holders.

Get More Information

For more on this, we recommend that you refer to our Spotlight on South Australia article, where we provide a comprehensive guide on South Australia, exploring visa options that enable applicants to settle or study in the State, including opportunities for state nomination, and study for regional purposes. We also take a look at some of the non-migration aspects of South Australia which make it so appealing as a destination for both travel and migration.

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Sources/Links:

Government of South Australia – Immigration South Australia – International graduates – International graduate occupation and waiver requirements

https://www.migration.sa.gov.au/International-graduates/international-graduate-occupation-and-waiver-requirements