Frequently Asked Questions - General

How can I obtain proof that I am a permanent resident?

When you are granted permanent residence, a visa label is put into your passport as proof that you are a permanent resident of Australia. If you were granted permanent residence before 1987, you may have a stamp in your passport as proof that you are a permanent resident of Australia. If you require additional proof, you may apply for a certificate of Evidence of Resident Status in Australia. You may also apply for Australian citizenship.
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What is the difference between permanent residence and migration?

People wishing to live permanently in Australia must apply for, and be granted, a permanent visa. If you apply outside Australia, you are applying to migrate. If you apply in Australia, you are applying for permanent residence.
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Why The Health Requirement?

Background

The health requirement is defined in Australia's Migration Regulations. It is set by the Department of Immigration and Multicultural Affairs (DIMA) on advice from the Department of Health and Ageing. It is designed to:

  • ensure risks to public health in the Australian community are minimised
  • ensure public expenditure on health and community services is contained, and
  • protect access by Australians to health and other community services.

In line with Australia's global non-discriminatory immigration policy, the health requirement applies equally to all applicants from all countries, although the extent of testing will vary with circumstances. Immediate family members of any permanent migration applicant, including dependent family members who do not intend to migrate, must be assessed against the health requirement. If an applicant cannot meet the health requirement, the visa application must be refused under the Migration Regulations, with limited exceptions. People applying for visas to stay temporarily for short periods may also be required to undergo a medical, and/or X-rays, if their health is of special significance to their work or lifestyle, or if there is a very high risk of tuberculosis rating in the country where they have been staying. A chest-x-ray and physical medical examination may also be required if a temporary entrant intends going into any health-care environments such as hospitals, nursing homes, creches and pre-school centres, or where there are indications that the temporary entrant may not meet the health requirement. Blood tests may also be required in certain occupations or circumstances.
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What is the 'One fails, all fail' Test?

All family unit members will be assessed against the public interest criteria, and will usually also be assessed against the health criterion (unless the Department is satisfied that it would be unreasonable to require this). These are known as the 'one fails, all fail' criteria. This is because, if any member of the family unit fails to meet any of these criteria, no one in the family unit, including the primary applicant, can be granted the visa. If the applicant can show that it is unreasonable to assess certain members of the family unit against health criterion, for example, if their whereabouts is unknown, the visa may be granted without that family member having been assessed.
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What is the 'Balance of Family Test'?

To be eligible to apply for any Parent Visas, an applicant must pass the 'balance of family' test. To pass this test:

  • at least half of the parent's children must live in Australia; or
  • more children must live in Australia than any other single country.

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Can parents who fail the 'balance of family test' migrate to Australia?

Parents who fail the balance of the family test can apply for the following visas, if:

  • they meet all requirements for Aged Dependent Relatives visa;
  • they are aged under 45 and pass the points test for skilled Australian-sponsored or skilled designated area sponsored visas; or
  • they qualify for one of the business skills visas; or
  • they meet all requirements for the investor retirement visa for wealthy parents.

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What is a 'skilled occupation' under the General Skilled Migration program?

A skilled occupation is an occupation described in a Gazette notice as a skilled occupation for which points can be awarded. The Skilled Occupation List (SOL) lists all the skilled occupations.
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What is a 'nominated skilled occupation'?

A nominated skilled occupation is a skilled occupation named by a visa applicant as their skilled occupation for their visa application.
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What is the 'Pass Mark'?

The pass mark is the total number of points you need to score on the points test in order to be eligible for a points-tested General Skilled Migration visa. You must score sufficient points on the points test to reach the pass mark applicable to your visa subclass. You must meet the pass mark that is in effect on the day you make your application. As the pass mark changes from time to time, you should check the current pass mark immediately before making your application.

You should be aware that for the points-tested General Skilled Migration visas, the points test is just one requirement which you must meet. There are also other visa specific requirements which you will also need to meet before you can be granted the visa you have applied for.

The current pass marks and pool marks are:

Category Current Pass Mark Current Pool Mark
Skilled-Independent 120 70
Skilled-Independent Regional (Provisional) - SIR visa 110 110
Skilled-Australian sponsored 110 105
Skilled-Independent Overseas Student (from 1/04/05) 120 120
Skilled-Australian sponsored Overseas Student 110 110
Skilled-Onshore Independent New Zealand citizen 120 120
Skilled-Onshore Australian sponsored New Zealand citizen 110 110

Changes to the passmark for general skilled migration
Since 1st April 2005, the pass mark for applications for Skilled-Independent Overseas Student (subclass 880) visas has been 120.
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What is a Resident Return Visa (RRV)?

The purpose of a Resident Return Visa (RRV) is to facilitate the re-entry into Australia of non-citizen permanent residents. The RRV ensures that only those people who have a genuine commitment to residing in Australia or who are contributing to Australia's well being, retain the right to return to Australia and remain permanently. RRVs are usually issued with a validity of 5 years or 3 months. An RRV allows Australian permanent residents to travel from, and return to Australia as often as they wish within the validity of the visa, whilst maintaining their status as permanent residents.
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Do I need a Resident Return Visa (RRV)?

Everybody, except Australian citizens and New Zealand citizens travelling on their New Zealand passport, must have a visa to travel to Australia. If you are a permanent resident of Australia and intend to travel away from Australia, you should ensure that you have a visa, which is valid for re-entry, on your return to Australia. This visa can be your original permanent resident visa, or a Resident Return visa, as long as it authorises travel to Australia on the date you return. The visa can be in your current passport or in an expired passport that you also carry with you while you travel. Permanent Residents should obtain their RRVs before leaving Australia, to avoid travel delays and the need to obtain an RRV through an Australian diplomatic office overseas.
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What Business Skills visa holders are prevented from lodging a valid RRV application?

If your most recent permanent visa was a Business Skills visa subclass 127, 128, 129, 130, 131, 132, 840, 841, 842, 843, or 844, you can not lodge a valid application for an RRV if:

  • that visa is subject to a notice of intention to cancel under section 135 of the Migration Act 1958, or
  • the Department has made a decision to cancel that visa under section 134 of the Migration Act 1958 and the Administrative Appeals Tribunal (AAT) has not set aside the Department's decision.

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