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FAQ – Post-Decision
The following information is aimed towards employer sponsored visa types, primarily the subclass 482 Temporary Skill Shortage (TSS) visa and the subclass 186 Employer Nomination Scheme visa.
- How long is my visa valid for?
- What are the conditions of my visa?
- What if my passport expires and/or I get a new one?
- I have a 482 TSS visa. Can I change employer and/or role?
- I have a 482 TSS visa. What happens if I cease employment?
- Do I need to maintain health insurance?
- Can Ajuria Lawyers provide tax advice?
- Can I add a partner or child to my visa?
- Can I bring my pet(s) to Australia?
- I have a temporary visa. Will I be eligible for permanent residence?
- I have a permanent visa. When will I be eligible for citizenship?
- My visa application was refused – what does this mean?
- Registration requirements for your occupation
- What are the taxation rules in Australia?
- Superannuation
- Accommodation and Real Estate – Renting
- Real Estate – Buying
- Schools and education
1. How long is my visa valid for?
Your visa expiry date will differ based on the type of visa.
If you have applied for a subclass 482 TSS visa, the expiry date will be anywhere from 1-4 years from the date of approval.
If you have applied for PR, your right to remain in Australia permanently will not expire. However, your right to return to Australia from overseas will expire 5 years after the visa grant date. If you wish to remain in Australia after this 5 year period, but still be able to travel internationally, you will need to apply for a ‘Resident Return visa’ (RRV) to renew the travel facility.
If the travel facility expires while you are still in Australia, you do not need to apply for an RRV to remain in Australia as a permanent resident. You can stay as long as you like without the RRV. However, if you depart, you will need a RRV in order to return.
2. What are the conditions of my visa?
You must comply with the conditions of your active visa whilst you are in Australia.
The conditions attached to your visa will differ based on the type of visa you have been granted.
For the subclass 482 TSS visa:
- The primary visa holder must only work in their nominated occupation and for their approved sponsor (or an associated entity);
- The primary visa holder must not cease employment for a period of more than 60 consecutive days;
- Secondary visa holders are able to work and study without restriction; and
- All visa holders must maintain adequate health insurance during their stay in Australia.
There are no conditions attached to a subclass 186 ENS permanent residence visa.
Many other visas have strict working restrictions. If you are unsure about what can and cannot do whilst in Australia, or the impacts of non-compliance, please reach out to your Ajuria advisor.
3. What if my passport expires and/or I get a new one?
There is no minimum passport validity required to enter Australia. Provided it has not expired, you can use it to enter Australia (along with a valid visa). However, some airlines and some countries have a 6 month passport validity rule. You should check with your airline and any country you may be transiting on the way to Australia.
Your visa is linked to your passport. Therefore, to avoid delays and confusion at the airport, if you get a new passport your visa needs to be updated accordingly. We can do this for you – all you need to do is email us a clear, colour scan of the new passport.
4. I have a 482 TSS visa. Can I change employer and/or role?
A primary subclass 482 TSS visa holder can only work in their approved occupation, for their approved sponsor.
This means that you can only work in a role that aligns with the occupation you have been sponsored under. For example, if you were approved as an accountant, you cannot work as a marketing specialist. Any role changes should be flagged with us so that we can advise whether they are permitted under the visa, or if a new visa application is required.
If you wish to change employer, you can only do so once they apply to take over your visa (i.e. lodge a new nomination) and this is approved. If they wish to sponsor you in a new occupation, then a new visa application will also be required.
5. I have a 482 TSS visa. What happens if I cease employment?
If you are a primary subclass 482 TSS visa holder and you cease employment in your nominated occupation with your approved sponsor, you have 60 days from your last date of employment to do one of the following:
- Find a new sponsor;
- Obtain a new visa; or
- Depart the country.
Your visa will not automatically cease after the 60 days are up, but if you remain in the country past date without a new sponsor or visa, you will be in breach of your visa conditions. This will impact any future applications for an Australian visa.
6. Do I need to maintain health insurance?
If you hold a subclass 482 TSS visa, then you (and any secondary visa holders) must maintain adequate health insurance while you are in Australia. The only exception is if you are hold an Irish or New Zealand passport, or a valid Medicare card. Only residents of certain countries are eligible for Medicare. More details about the health insurance requirement can be found here.
Other temporary visa types may also require you to maintain health insurance.
You do not need to maintain private health insurance if you have been granted permanent residence.
If you do not have private health insurance, most hospitals will require you to pay for the full cost of treatment. This can be extremely expensive.
7. Can Ajuria Lawyers provide tax advice?
Ajuria Lawyers specialises in immigration law only. Unfortunately, this means that we cannot provide taxation advice.
Your tax status may change upon visa grant, especially if you have been granted permanent residence. We recommend that you speak to your tax professional for advice. If you need a referral, your Ajuria Lawyers advisor will be happy to assist.
8. Can I add a partner or newborn child to my visa?
If you hold a subclass 482 TSS visa, your spouse or de facto partner can lodge a ‘subsequent entrant’ application to be added to your visa. If successful, their visa will have the same expiry date as yours.
If you have a child in Australia, they can be added to your visa without requiring a formal application. If you have a child outside Australia, you will need to lodge a ‘subsequent entrant’ application to include them in your visa.
If you have been granted a permanent resident visa, such as the subclass 186 ENS visa, you cannot add a partner afterwards . You can sponsor them for a Partner visa, if eligible. If you have a child in Australia, they will be entitled to Australian citizenship. If you have a child outside Australia, you will need to apply for a Child visa to bring them to Australia.\
9. Can I bring my pet(s) to Australia?
This is more of a customs issue than an immigration law issue and therefore sits outside of our area of expertise.
However, the Australian Department of Agriculture have a comprehensive website that can help you get the information you need about bringing your pet to Australia with you.
Importing a pet into Australia can be a long process that can take several months before the animal is able to clear customs and freely enter Australia. Different procedures are put in place for different countries, depending on where your pet is travelling from.
10. I have a temporary visa. Will I be eligible to apply for permanent residence?
Whether or not you will have a pathway to permanent residence will depend on a range of factors, such as the visa you hold, the occupation you are nominated in, if you were in Australia during certain periods, where you live/work, your age, and more.
If you are interested in employer sponsored permanent residence, you will need to speak to your employer first to find out if they will support this. We can only advise on these pathways if we can instructions to do so from the business.
If you would like to discuss alternative pathways outside of employer sponsorship, you are welcome to book a consultation with us. Please note, however, that if you are employed by one of our clients, we will need their consent to advise you independently, in order to avoid any potential conflict of interest.
11. I have a permanent visa. When will I be eligible to apply for citizenship?
As a permanent resident, you will be able to apply for citizenship if you have:
- lived in Australia on a valid Australian visa for four years immediately before applying
- been a permanent resident for the 12 months immediately before making an application
- not have been absent from Australia for more than one year in total, during the four year period, including no more than 90 days in the 12 months before applying
There are some limited circumstances in which you might be eligible to apply even if you do not meet all of the residence requirements. We can help you with this.
As part of the application, you will also need to show that you:
- are of good character
- have a basic knowledge of the English language
- intend to reside or maintain a close and continuing association with Australia
- have an adequate knowledge of the responsibilities and privileges of Australian citizenship.
12. My visa application was refused – what does this mean?
The impact of a visa refusal will vary depending on the reason for the refusal, and your visa status at the time of refusal. For example, in some cases, you may be barred from applying for any further visas from within Australia.
If your visa application is refused, you will most likely be able to appeal against the decision. Your adviser will discuss this with you and your employer/sponsor.
Refusals for our clients are very uncommon. If we think an application will not be successful, we will advise you accordingly.
13. Registration requirements for your occupation
If under industry regulations, you are required to hold a licence, registration or membership mandatory to work in your nominated occupation in Australia then you must hold this licence, registration or membership:
- if you were outside Australia when the visa was granted—90 days after you arrive in Australia; or
- if you were in Australia when the visa was granted—90 days after your TSS visa was granted; and
You must continue to hold this while working in your occupation and notify the Department, in writing, as soon as practicable if an application for any application for the licence, registration or membership is refused.
Evidence of this licence, registration or membership is not required for a TSS visa to be approved but you will be considered in breach of your visa conditions if you do not meet the above while holding the visa in Australia.
Engineers
Registration is required for any Professional Engineer undertaking certain activities. Each State and Territory will specify what these activities are. Before lodging the visa application, we recommend that you and your employer check the below to check if industry regulations apply to the role that you will be doing and if you will therefore require registration.
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- For NSW: please refer to ServiceNSW and NSW Fair Trading
- For VIC: please refer to Consumer Affairs Victoria
- For QLD: please refer to the Board of Professional Engineers
- For TAS: please refer to Consumer, Building and Occupational Services (CBOS)
- For Northern Territory, please refer to NT Building Practitioners Board
- For ACT , please refer to: ACT Government guidelines
- For WA, please refer to WA Department of Energy Mines, Industry Regulation and Safety
14. What are the taxation rules in Australia?
Taxation in Australia is regulated by the Australian Taxation Office (ATO). It is a specialised area and needs to be worked out on an individual basis.
Income tax can be structured in various ways for employees in Australia. Individuals should obtain their own independent advice. Ajuria Lawyers can provide you with a referral if your employer does not already have someone.
Most people working in Australia will need to apply for a Tax File Number. This is a relatively simple procedure and can be applied for online through the ATO portal.
15. Superannuation
Superannuation – or “super” as it is commonly known – is money set aside during your working life for when you retire. Unless exempt, your employer pays a portion of salary or wages into a super fund for you. These payments are known as super guarantee contributions or concessional (pre-tax) contributions. Super (including super guarantee from your employer) is your money but must be held in approved funds.
Temporary visa holders may be able to claim their super once they depart Australia permanently and their visa has been cancelled. There are requirements you will need to meet to claim your super as a Departing Australia Superannuation Payment (DASP) and note that it may be taxed. Application is made online through the ATO portal.
16. Accommodation and Real Estate – Renting
There are a number of websites and aps that can assist you with searching for a home:
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- Real Estate allows you to key in a suburb and search for a house in the price range you can afford;
- Domain provides comprehensive listings of rental properties and houses and apartments;
- Home Price Guide gives the average prices for suburbs and towns. The site also gives a breakdown of a suburb’s population, public transport, demographics and more.
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Rent is usually paid 2 or 4 weeks in advance and a rental bond will be required as a form of security. The maximum rental bond is either:
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- four weeks rent, for unfurnished premises;
- six weeks rent, for fully furnished premises with a rent of $250 or less per week; or
- unlimited, if the rent for fully furnished premises is more than $250 per week.
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The rental bond is lodged with the Department of Fair Trading Rental Bond Board. Further information can be found on the website of the Department of Fair Trading.
17. Real Estate – Buying
Houses and apartments are sold in two ways in NSW: by private treaty, where you negotiate with an agent or owner to buy a property that is for sale, or by public auction.
Australian citizens/permanent residents are able to buy homes without restrictions. However, there are certain rules that apply to temporary visa holders and you must obtain expert advice in relation to the different rules relating to Foreign Investment as government by the Foreign Investment Review Board and Stamp Duty (taxes).
18. Schools and education
Kindergarten/Pre-school/Day-care
Education in Australia can start at a kindergarten or pre-school from the age of 2 to 5 years. There are also day- care centres for younger ages.
The majority of pre-schools are privately run. Most suburbs also have a long day-care centre where babies and children under five years can stay from about 7.00 am to 6.00 pm, catering for working parents.
Day-care centres and pre-schools must be approved by the local Council in which they operate; councils can provide lists of those in your area. Fees vary from area to area.
Schools
The Australian school year runs from January to December, with 4 school terms in NSW. The longest holiday is over the Christmas/Australian summer period with most schools closing for 6 weeks over that time.
There are two types of schools, public and private.
Public schools – Children in public schools typically start the school day at 9.00 am and finish at 3.00 pm. NSW Government schools are free to Australian citizens and permanent residents; although parents are asked to pay some school fees, these are voluntary.
For children who hold temporary visas, there are fees payable to attend public schools. The fees depend on the state in which you live:
Public schools fall within catchment areas, and generally, a child may only able to attend a school if living within the catchment area of that particular school.
Private schools – There are hundreds of private schools in NSW for all age groups from primary to high school. Some private schools are affiliated with religious organisations, others are independent. Fees can range from a few thousand to over $30,000 per year and some schools offer boarding facilities.
More information on private schools can be found in the Private Schools Directory.
A lot of schools, whether public or private, have before and after school activities and holiday programs.
Colleges and Universities – For information on the entry requirements for universities and colleges, visit the Universities Admissions Centre website www.uac.edu.au.
A full list of Australia’s universities and colleges is available from The Good Universities Guide website www.gooduniguide.com.au. The site lists courses and campuses and rates their facilities. It also has sections on courses for international students and corporate executives.
Australia also has Government-funded Technical Colleges known as TAFE and privately funded colleges that offer hundreds of courses for post-secondary students. These are spread across NSW.
Bringing your Pet to Australia
The Department of Agriculture has a comprehensive website that can help you find the information you need about bringing your pet to Australia with you.
Importing a pet can be a long and expensive process that can take several months before the animal is able to clear quarantine and freely enter Australia. Different procedures are in place for different countries, depending on where your pet is travelling from.
Banking
Australia has many banking institutions. An application to open a bank account is usually done in person as you will need to produce 100 points of ID, which can include passports, birth certificate, Medicare card etc.
Transport
Driving
All drivers in Australia must have a valid driver’s licence.
NSW
Permanent residents can drive in NSW using your driver’s licence from your country of origin for 3 months. When the 3 months has passed, you must sit for your NSW Driver’s Licence. This involves passing an eye test, a written test and, in most cases, taking a driving test. You also have to prove your identity and that you live in NSW.
For temporary residents, if you hold an overseas licence, you are allowed to drive the vehicles covered by your overseas licence in NSW indefinitely, as long as:
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- You remain a temporary overseas visitor;
- Your overseas licence remains current;
- You have not been disqualified from driving in NSW or anywhere else;
- You have not had your licence suspended or cancelled, or your visiting driving privileges withdrawn;
- You carry your overseas driver or rider licence. If your licence is not written in English, you must also carry an English translation, or an International Driving Permit.
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You do not have to obtain a NSW driver’s licence if you comply with these conditions, and can prove your genuine visitor status to NSW Police. Further information can be found on the NSW Services website.
Victoria
If you’re visiting Victoria for less than six months you can drive on your overseas driver licence provided it is valid and current.
If you’ve been living or will be living in Victoria for six months or more you’ll need to convert your overseas licence or permit to a Victorian licence. More information can be found on the VIC Roads website.
Queensland
If you have moved to Queensland, you will need to apply for a Queensland driver licence if you are:
granted a permanent resident or Special Category visa before you moved to Queensland and you have been living in Queensland for 3 months
granted a permanent residence or Special Category visa after you moved to Queensland and you’ve been living in Queensland for 3 months since getting the visa.
These do not include temporary visas who can drive on an overseas licence but restrictions may apply. You can also choose to transfer your overseas licence to a Queensland licence. You can’t drive in Queensland with your interstate or overseas licence if you’ve been issued with a Queensland licence.
More information can be found here on the Queensland Government website.
Western Australia
If you are a visitor to Western Australia (WA), you may drive only those vehicles that you are authorised to drive on your overseas driver’s licence, for as long as it remains valid in the country of issue.
If your overseas driver’s licence ceases to be valid, you must apply for a WA licence.
Once you are granted a permanent resident visa, you can drive in WA provided you hold a valid overseas licence until you have resided in WA for 3 months since the granting of the visa. During this time, you can apply for a WA driver’s licence,
Once have held a permanent visa for 3 months whilst residing in Western Australia, or your overseas driver’s licence has expired or been disqualified, you cannot drive on your overseas licence.
More information can be found here on the Transport WA website.
South Australia
If you become a permanent resident of South Australia, you must get your South Australian driver’s licence within ninety days of being granted a permanent resident of Australia. Once you are issued with a new licence or learner’s permit, any international licence will be invalid and you may have to surrender it.
Temporary visa holders can drive using an overseas licence but will need to company with any restrictions. If the overseas licence expires while you are in Australia, you must get an South Australian licence.
More information can be found here on the SA Government website.
Public transport in NSW
Sydney has a comprehensive public transport system which is developing further with new train and light
rail lines. Travel is by bus, train and light rail around Sydney’s centre – and by ferry across Sydney Harbour. CityRail trains run to Newcastle in the north, to the Blue Mountains through Parramatta in the west, through Campbelltown to Goulburn in the south west and to Wollongong in the south. Visit the https://transportnsw.info/ website for more information. For maps of where ferries and buses travel in Sydney, visit the NSW Transport websites https://transportnsw.info/travel-info/ways-to-get-around/ferry#/ and https://transportnsw.info/travel-info/ways-to-get-around/bus#/
Typically, travel is by using an Opal Card which are smartcard tickets available from most convenience stores and newsagencies. The Opal card is used on public transport by tapping on and off, and the $ value on an Opal card can be topped up so that the card can be re-used. Credit and debit cards and smartphones may be used on public transport as an alternative to Opal Cards.
Public transport in VIC
Victoria has a comprehensive public transport system which is developing further with new train and light
rail lines. Travel is by bus, train, and trams around Melbourne’s centre – with the City Circle Tram as a free service around Central Melbourne. Visit the Public Transport Victoria (PTV) website. You can use the V/Line for regional public transport in Victoria.
Information about planning your trips and routes can be found at https://www.ptv.vic.gov.au/journey/ and https://www.ptv.vic.gov.au/timetables
Typically, travel is by using an Myki which are smartcard tickets available from most convenience stores and newsagencies or you can purchase online. The Myki is used on all forms of public transport public transport by touching the Myki to the centre of the reader and touch on and off. Credit and debit cards and smartphones may be used on public transport as an alternative to Myki with the Mobile Myki app.
Disclaimer: The information in this document is provided as a guideline only and may be subject to change. Please always check directly with the relevant government department/source.