Obtaining Australian Permanent Residency: A Comprehensive Guide

Australia is a popular destination for people looking to settle down and start a new life. If you're one of them, you'll need to know the difference between a permanent resident and a citizen. A permanent resident is someone who holds a permanent visa and can live, work, and study in Australia without restrictions. However, they are not citizens and do not enjoy the same rights and privileges, such as the automatic right of entry to Australia and the right to vote in government elections. To become a permanent resident, you can apply for one of the three common visas: a business or investor stream visa, a skilled migration visa, or a family-related visa. If you're already in Australia on a temporary visa, there are different pathways to becoming a permanent resident depending on your individual circumstances.

Permanent resident vs citizen

To become a lawful permanent resident in Australia, you need to apply for a permanent resident visa. Some of the key permanent residency visas include:

• Skilled Independent Visa (Subclass 189)
• Skilled Nominated Visa (Subclass 190)
• Employer Nomination Scheme (Subclass 186)
• Business Innovation and Investment Permanent Visa (Subclass 888)

While permanent residents in Australia can enjoy a great deal of freedom, there are some crucial differences between the rights and entitlements of permanent residents and citizens.

A permanent resident of Australia can live, work, and study in the country without any problems or obstructions. They can also enrol in Medicare, travel to and from Australia for up to five years, and sponsor relatives. However, there are some things that only Australian citizens can do.

Travel

An Australian citizen can arrive and leave the country anytime they want without needing a visa or travel authority. On the other hand, if a permanent resident wants to travel to another country, they need to have a permanent visa and a valid travel authority to return to Australia as a permanent resident.

Voting

Australian citizens can vote in government elections, whereas permanent residents cannot. The only exception is if a permanent resident was enrolled to vote (as a British subject) before 1984.

Government Services and Benefits

Citizens and permanent residents are both subject to the rules set by the relevant government agencies regarding eligibility for government services and benefits.

Citizenship Requirements

To become an Australian citizen, you must be a permanent resident at the time of application and decision, satisfy the residence requirement, and be of good character. Additionally, those over the age of 18 must pass a citizenship test (unless over the age of 60).

Other Privileges of Australian Citizens

Australian citizens can:

• Apply for an Australian passport and leave and re-enter Australia without applying for a resident return visa
• Seek assistance from Australian diplomatic representatives while overseas
• Work in the public service
• Serve in the armed forces
• Register children born overseas as Australian citizens by descent
• Stand for Parliament
• Vote to elect members of Parliament

Visa options

There are several visa options available for those seeking to become lawful permanent residents in Australia. Here are some of the common pathways:

TSS 482 Visa to Australian Permanent Residency

Medium-term TSS visa holders who have maintained employment with the same employer for at least three years may be eligible to apply for Permanent Residency through the Transitional (TRT) Stream. DAMA visa holders can also pursue similar pathways, including transitional arrangements for existing visa holders.

457 Working Visa to Australian Permanent Residency

If you currently hold or had applied for a 457 visa by April 18, 2017, you can apply for Permanent Residence under the 186 ENS or 187 RSMS through the two-year pathway (Temporary Residence Transition). This pathway is not occupation-specific.

Regional Visas to Australian Permanent Residency

The subclass 491 Skilled Work Regional (Provisional) visa and subclass 494 Skilled Employer Sponsored visa both offer pathways to permanent residency through the subclass 191 Permanent Residence (Skilled Regional) visa. Applicants must have held either of the aforementioned visas for a minimum of three years, complied with the conditions, and met the minimum taxable income requirements.

Student Visa to Australian Permanent Residency

The SkillSelect system allows students to express their interest in applying for permanent residency. This system could lead to a Skilled visa if the applicant accumulates enough points.

485 Graduate Visa to Australian Permanent Residency

Holders of the 485 graduate visa can obtain permanent residency on a sponsored visa by securing an employer who agrees to sponsor their stay in Australia under the ENS 186 visa or the RSMS 187 visa. If you have sufficient points and your occupation is in high demand, you may qualify for the 189 Skilled Independent visa, 190 Skilled Sponsored visa, or the 489 Skilled Provisional visa.

Family-Related Visas to Australian Permanent Residency

Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor their family members to live in Australia. Sponsored family members may arrive as temporary residents and later become eligible for permanent residency by fulfilling certain criteria.

Settling in

Once you have obtained your permanent residency visa, there are a few things you should be aware of to help you settle in Australia.

Firstly, permanent residents are not the same as citizens. Permanent residents hold a permanent visa but are not citizens. They can live, work and study in Australia without restriction but do not have the same rights and entitlements as citizens. For example, permanent residents cannot vote in government elections and do not have an automatic right of entry to Australia when travelling internationally.

To maintain your permanent resident status, you must ensure you have a valid permanent visa with a valid travel authority if you wish to return to Australia after travelling internationally. Additionally, to become an Australian citizen, you must have been lawfully residing in Australia for four years immediately before applying, including 12 months as a permanent resident. During these four years, your absences from Australia must not exceed 12 months, and you must not be absent for more than three months in the 12 months before applying.

Permanent residents can access government services and benefits, but eligibility depends on the rules set by the relevant government agency. To find out more about entitlements for permanent residents, visit the Department of Home Affairs website.

Healthcare and education

Healthcare

As an Australian permanent resident, you can enrol in Medicare. You can do this online through myGov or by completing a Medicare enrolment form. To enrol, you need to have a permanent resident visa or have applied for one. You will need to provide documents that prove your identity and residency. If you are an international medical graduate, becoming a permanent resident changes the Medicare billing rules for you. If you are working under 19AB, you must stop working immediately. You will be subject to the rules under section 19AB of the Health Insurance Act 1973, as well as section 19AA. If you continue to work without satisfying section 19AA, you will gather debt for providing Medicare services. Once you become a permanent resident, you must become vocationally recognised as a specialist medical practitioner to access Medicare benefits. If you are not vocationally recognised, you can still access Medicare benefits if you have an approved placement on a 3GA program.

Education

Australian permanent residents are classified as domestic students and are charged the same student contribution as Australian citizens. However, they are required to pay their tuition fees upfront by the census date of the study term. Australian permanent residents do not have the option of deferring their tuition fees under the Higher Education Loan Program (HELP). Those enrolled in a postgraduate program will be charged domestic postgraduate student rates. There are only a very small number of postgraduate Commonwealth supported places, and most postgraduate students will be enrolled as Domestic Full-Fee Paying students.

Having a baby

If you are a permanent resident in Australia and have a baby, your child may be eligible for Australian citizenship. However, different requirements apply for children, so it is important to understand the necessary steps to ensure your child acquires citizenship. Here is a detailed guide to help you navigate this process:

Understanding Australian Citizenship

Firstly, it is essential to comprehend the distinction between an Australian permanent resident and an Australian citizen. A permanent resident in Australia holds a permanent visa, which allows them to live, work, and study in the country without restrictions. However, they do not possess the same rights and entitlements as citizens. For example, permanent residents cannot vote in government elections and must meet specific requirements for international travel to retain their residency status.

General Eligibility Criteria for Children

Children of permanent residents can apply for Australian citizenship, but they must meet specific criteria. The exact requirements are not publicly available, and you may need to consult the Department of Home Affairs website or seek advice from the relevant authorities.

Residence Requirements

For any child born in Australia to become a permanent resident, they must meet the residence requirements. This includes living in Australia for at least four years before applying for citizenship. Specifically, this entails:

• 12 months as a permanent resident.
• Absences from Australia of no more than 12 months in total.
• Absences from Australia of no more than three months in the 12 months before applying.

Application Process

To initiate the process of acquiring Australian citizenship for your child, you will need to complete an application. This typically involves providing necessary documentation and meeting any other requirements specified by the Department of Home Affairs. It is recommended to consult the official website or seek guidance from the relevant authorities to ensure you have the most up-to-date and accurate information.

Citizenship Test

Upon satisfying the general eligibility criteria, your child may need to pass a citizenship test. This test is designed to ensure that future Australian citizens have a comprehensive understanding of the country's values, history, and culture. It promotes social cohesion and successful integration into the Australian community.

Privileges and Responsibilities of Australian Citizenship

Becoming an Australian citizen comes with various privileges and responsibilities. Citizens have the right to obtain an Australian passport, seek assistance from diplomatic representatives overseas, work in the public service, serve in the armed forces, stand for Parliament, and vote in elections. Additionally, they can register any children born overseas as Australian citizens by descent after acquiring citizenship themselves.

In summary, having a baby in Australia as a permanent resident entails understanding the eligibility criteria, residence requirements, and application process for Australian citizenship. By following the steps outlined above, you can ensure that your child acquires the rights and privileges associated with being an Australian citizen.

Frequently asked questions