An Australian resident
This is a loose term for anyone who lives in Australia. Someone without Australian citizenship, but who has a valid visa, is called a 'legal non-citizen'. If you are in Australia as a non-citizen without a visa you are classed as an illegal non-citizen, and are liable to deportation or detention.
Assurance of Support Form 28B
The assurance of support form is a legal commitment to repay the Commonwealth of Australia for benefits paid to new migrants during the first two years of their settlement in Australia. 'Benefits' means any Social Security benefit, for example, Job search, Newstart, parenting, partner, youth training or widow allowance paid out from Centrelink (the Department of Social Security and other Government departments).
An Assurance of Support is required for Family Migrants:
Parents
Orphan relative under 18 years
Carer, who is migrating to care for someone in Australia
Aged dependent relative
Remaining Relative
Skilled Migrant, Australian Linked
Skilled Migrant, Regional sponsored
An Assurance of Support may also be required for any other applicant who is assessed by the Department of Immigration and Multicultural Affairs (DIMA) as at risk of becoming a charge on the Australian welfare budget.
If you are applying under one of these sections, send off your application without any assurance of support, only the sponsorship form. When the Australian Embassy or Consulate in your overseas country is ready, they will write to you and request that you organise an Assurance of Support. Then you contact your Australian sponsor and ask him (or her) to fill out Form 28B and take it to the Department of Immigration and Multicultural Affairs in Australia. (Read this carefully. It is confusing.)
Who can give an Assurance of Support?
Usually the sponsor will provide Assurance of Support, but if the sponsor is not financially able to do this he (or she) may ask someone else, or even several people as a group.
An Assurance must come from somebody who able to support their own family + the immigrants. There are many details about assurers, for example one assurer can only support two adults and their children. If more adults are in the migrant family, another assurer will be required. Assurers also have to be resident in Australia and have citizenship or permanent residence. For more details, contact the Migration Agent.
See also Bonds and the Health Levy.
Balance of Family Test
This test applies to parents applying in the Family Migration program.
To pass the test you must have at least half of your children living in Australia, or more children living in Australia than in any other single country.
The following children are counted in the "balance of family" test:
children of both parents, including children of previous marriages or de facto
relationships of either parent, including adopted and stepchildren, and children in
institutions; children of both parents, whether they are dependent or self-supporting, single, married or divorced; and children whose whereabouts are unknown or cannot be verified are counted as being in their parents' country of usual residence.
There are more details, but basically it means if you have most of your children in Australia, then you can apply for a visa with this requirement, but you will have to prove that most of your family is here.
Bonds
A bond is part of the Assurance of Support requirement for the Family Migration program. It is designed to guarantee migrants social support during their first two
years of settlement in Australia. Many migrants do experience unemployment during this time.
The bond is $3,500 for the main applicant and $1,500 for each other adult family member. A bond is not required for children.
Bonds are paid to the Commonwealth Bank of Australia and held for a period of two years after the migrants have arrived in Australia. At the end of the two year period
the bond will be repaid to the assurer, less any Social Security payments made to the
migrants, and plus interest on the deposit.
'Capping'
A means to limit the number of migrants to Australia. In the 1997-98 Migration Program a number of visa classes in the Family Stream were capped, which means that once numbers have been reached, no more applications are accepted in the current financial year. There is a cap on Parent Migrants of 500.
Child
In Australia a person reaches majority at the age of 18 years and ceases to be a child. They can then vote, drink in public, and be responsible for themselves at law.
However, a Police Clearance is not only required for adult migrants, but also for teenagers between 16 and 18 years.
Character - 'Good character'
For purposes of migration, someone is regarded as of 'good character' if they do not have a Police Record. Australia does not want criminals to immigrate. Minor offenses, such as traffic offenses, are not a worry. However, a prison record is taken seriously and you would need to make inquiries before going ahead with a visa application. A Migration Agent can make anonymous inquiries for you.
Citizen
An Australian citizen is someone born in Australia of Australian parents, or someone who has become an Australian by Grant. (It used to be called 'naturalisation'.)
If you are not a citizen, you are classed as a non-citizen by the Australian migration authorities. For example, if you are an Italian living in Italy you are a non-citizen of Australia. Non-citizens in Australia without a valid Australian visa are illegals.
Compliance
Compliance is the term for obeying the Australian laws of visa grant. The Compliance Police are those officers who attend when someone from overseas is found to be in Australia without a valid visa.
De facto spouse
If you are living with a member of the opposite sex in a permanent relationship, but you have not taken your marriage vows, you are said to have a de facto relationship. Your partner is called a de facto spouse. It used to be called a common law marriage.
In Western Australia, 34% of children are now born from de facto partnerships. This is a very normal relationship in Australia.
DIMA - Department of Immigration and Multicultural Affairs.
This is the Australian government department responsible for migration. In overseas missions (Australian Embassies and Consultates overseas) there will be staff from DIMA to process your visa applications.
Eligible New Zealand Citizen
An eligible New Zealand citizen is one who holds a special category visa and who has passed the public interest requirements of health and character on last entry. For purposes of sponsorship, the New Zealander should also be over 18 years of age and live in Australia.
English Language Skills
See our information section on English Language.
ETA visa
Electronic Travel Authority - a type of visa that is granted free to people from eligible countries. See ETA under Short-Stay and Tourist Visas.
Health - 'Good Health'
You need to be in good health for migration, and have a history of reasonable health. The Australian government needs to be sure that you will not become a burden on their taxpayers soon after your arrival.
When you go for your health examination, you will be examined by an Australian Embassy approved doctor of good reputation.
In recent years there has been a special emphasis on screening people for tuberculosis.
See Your Health in our information list.
Health Levy for Family Migrants
The Health Levy is part of the Assurance of Support. It is payable in Australia to the Department of Immigration and Multicultural Affairs, and is non-refundable, unless, for some reason, the person does not travel to Australia. A health levy is $960 (currently),
but $5000 for Designated Parents.
Highly skilled
This meaning that you've had at least three years training in your field, plus work experience.
Interdependency
For migration to Australia, this is a relationship of mutual affection and partnership outside the family pattern of marriage and blood ties. Usually this will be a homosexual or lesbian relationship, but other dependent relationships may be considered.
Labour Market Testing
Tests that employers have to carry out on the local market - like advertising in newspapers and through professional associations - to see if there is anyone with the required skills in the Australian workforce. If there is not, then the employer may sponsor someone from overseas.
Migration Review Tribunal (MRT)
This tribunal hears cases of onshore visa refusal, and offshore visa refusal where there are Australian family sponsors or employer sponsors to present the case in Australia. Protection visa refusals are heard at the Refugee Review Tribunal.
MODL - Migration Migration Occupations in Demand List (MODL)
When there are not enough skilled people in Australia to fill a particular occupation or profession, then the Department of Immigration and Multicultural Affairs will issue a MODL list. In 2001, Australia is desperately short of nurses and Internet Technology personnel. If you have a job skill that is listed, you will gain 5 extra points in the Skilled Independent Points Test. If you have a listed skill and also a job offer from an employer
who has at least ten full-time employees for the last two financial years, then you gain 10 points.
Appellant and supporting witnesses may appear, together with a solicitor or a Migration Agent.
Points System and the Points Test
This web site contains details of the DIMA points system which has been devised for screening applicants for migration. If you score highly in enough areas you should be able to migrate, providing your health and character standards are satisfactory.
The points are adjusted from time to time according to the labour market in Australia and other social factors. Your points score is judged from the time you are assessed, not the time you lodged your application. In addition to that, the Australian government also applies limits to migration by setting a numbers limit on some migrants, and some of the temporary visas also, including the Working Holiday Maker Visa. This is called 'capping'. If the cap has been reached, you can still apply and have your visa assessed, but you will not be granted a visa until spaces become available.
Pool System
This is part of the points system for Independent Skilled Migrants and Skilled Migrants with Family Sponsorship. If you do not have enough points to pass, but you are close, then you will be placed in the pool. People in the pool do not go on to the next part of the migration procedure, but the pool is looked at periodically. In that time things can change. If, during the time your application is in the pool, your circumstances change, then let the immigration authorities know.
The pool and pass marks change with conditions in Australia so you should check this site regularly for changes in the figures as this site is updated regularly. If the marks change during the time your application is being processed, it is the time of assessment, and not the time of lodgment of your documents, that is critical.
Principal Business
You may have several business enterprises. For migration choose your business with the largest turnover, or your business with the best prospects in Australia.
Skill Matching
Skill matching helps migrants to find employment, and some employers to find good staff, and is relevant to all the skilled migration component of Australia's migration program.
Independent Skilled Migrants
Skilled Migrant - Australian Link
Skill Matching Scheme
Distinguished Talent
Employer Nominated Migrant
Regional Sponsored Migration Scheme
Labour Agreement
Business Owners
Business Owners - State or Territory Sponsored
Senior Executives
Business Migrant, Investment linked
Established Business in Australia
Regional Established Business in Australia
Step Relatives
For some sections you can be sponsored by family members who is related to you in a step relationship. The step relationship occurs when somebody in the family, or yourself, remarries. This information is best demonstrated with a technical diagram. Click each diagram to display as full screen.
Sponsor or nominator
Someone in Australia who is to help you while you settle in, usually a close relative. The sponsor's responsibilities are to help you with accommodation, employment, and the financial difficulties of getting started in a new country. A sponsor
will look after you and help you find your way around, and this responsibility lasts for
two years.
In the case of an employer sponsor, he or she is offering you a job and will help you find somewhere to live.
The sponsor or nominator must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and would usually be 18 years of age or older.
Partners must be sponsored or nominated by their partner in Australia.
Children must be sponsored or nominated by a parent, relative or guardian in Australia.
Parents must be sponsored or nominated by their child (natural, adopted or stepchild) in Australia.
Other family members must be sponsored or nominated by a close relative in Australia.
The following migration categories require a sponsor:
- A spouse or partner (de facto spouse)]
- A fiancé who is arriving in Australia to get married
- An interdependent, same-sex partner
- A child
- A child for adoption
- Parents
- An orphaned unmarried relative under 18
- A carer who is arriving to take care of an Australian
- An aged unmarried relative
- Remaining relative
- Skilled migrant - Australia linked
You may also have to find an Australian sponsor when you apply for some other sections, if the immigration authorities doubt that you will be self-supporting. Apply without to start with.
State or Territory Agency
Government departments in each state that deal with the development of commerce and trade.
Refugee Review Tribunal
This Tribunal only hears Protection Visa cases. Other cases go to the Migration Review Tribunal. The appellant may appear with supporting witnesses and a solicitor or a Migration Agent.
The Regional Sponsored Migration Scheme
This is a DIMA initiative to help migrants and employers. If your employer is offering employment in a district of Australia away from the main coastal metropolitan areas, in a region of low population growth and slow economic development, you will have a better chance of application approval. Either you or your employer can inquire about the RSMS, either in Australia or at an Australian Embassy or Consulate overseas.
The RSMS can apply to The Employer Nomination Migration Section, the Skilled Independent Migrant, and the Skilled Migrant - Australian Linked sections, and to the other skilled and business applications.