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?
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.
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.