Obtaining permanent residency (PR) in Australia is a significant goal for many individuals, whether they are there for work, study, or family reasons. The number of years one needs to stay in Australia to achieve PR varies greatly depending on the visa pathway chosen, as there are multiple routes, each with its own set of rules and conditions.
Skilled Migration Pathways
General Skilled Migration (GSM): Under the GSM program, specifically the Skilled Independent Visa (Subclass 189), there is no specific minimum stay requirement in Australia before applying for PR. However, applicants must meet certain eligibility criteria. They need to have an occupation on the relevant skilled occupation list, score sufficient points in the points – based system, and be invited to apply. The points system takes into account factors such as age, English language proficiency, work experience, and educational qualifications. For example, a younger applicant with a high – level degree in a demanded field, extensive work experience, and excellent English skills may be able to apply for this visa without having spent any prior time in Australia. Once the visa is granted, they can start building their life towards permanent residency.
State – nominated and Territory – nominated Skilled Migration: For visas like the Skilled Nominated Visa (Subclass 190) and some regional – based skilled visas, the situation can be different. These visas often require the applicant to have a connection with the nominating state or territory. While there isn’t a fixed number of years of stay required before applying for PR, applicants usually need to live and work in the nominating region for a certain period as stipulated by the state or territory government. This could range from one to two years, depending on the specific requirements of the region. For instance, if a state has a particular need for IT professionals and nominates an applicant, the applicant may be required to work in that state’s IT industry for at least 18 months to be eligible for PR.
Temporary Skill Shortage (TSS) Visa: The TSS visa has two streams – short – term and medium – to – long – term. The short – term stream allows employers to hire foreign workers for up to two years, but this visa usually doesn’t directly lead to PR. For the medium – to – long – term stream, which can extend up to four years, there may be pathways to PR. In some cases, if an applicant has worked in Australia under this visa for a significant period, met the requirements of the occupation, and has an employer willing to continue sponsorship, they may be eligible to apply for PR. However, the exact duration within the four – year period that is sufficient can vary based on the specific circumstances and any changes in immigration policy.
Family – based Permanent Residency
Spouse and Partner Visas: For those applying for PR through a spouse or partner visa, the process is more about the relationship duration and genuineness rather than a specific number of years of stay in Australia. If you are married to or in a de facto relationship with an Australian citizen or permanent resident, you can apply for a partner visa. The relationship must be genuine and continuing. There are usually two stages in the process. In the first stage, you may be granted a temporary visa, and during this time, the relationship is further assessed. If the relationship remains stable and meets the requirements over a period, which can typically range from two to three years, you can then be eligible for PR. However, this can vary depending on individual circumstances and any evidence provided to support the relationship.
Parent and Child Visas: In the case of parent visas, the waiting times can be quite long. There are different types of parent visas, and some have significant backlogs. For example, the contributory parent visa may require a substantial financial contribution, but the processing time can still be several years. The non – contributory parent visa often has even longer waiting times. For child visas, if the child is under a certain age (unless they are dependent due to disability) and meets other eligibility conditions related to the family relationship, they can be sponsored by an Australian citizen or permanent resident parent. The processing time and any stay – related requirements can vary depending on the specific visa subclass.
Business and Investment Visas
Business Innovation and Investment (BII) Program: This program has different streams for business – minded individuals. In the Business Innovation Stream, applicants need to establish or manage a new or existing business in Australia. There is no fixed number of years of stay required before applying for PR, but the business must meet certain performance requirements over a period. This could include achieving a specific turnover, creating local jobs, or other relevant business milestones. The duration to meet these requirements can vary from two to four years, depending on the business plan and the specific conditions of the visa stream. In the Investor Stream, where significant investment capital is required, the investment period and other conditions need to be fulfilled, and this can also take several years before PR eligibility is achieved.
Entrepreneur Visa: For those with highly innovative business ideas, the Entrepreneur Visa offers a pathway. The applicant needs to have support from an Australian state or territory government and show the potential to contribute to the Australian economy. While there isn’t a set number of years of stay required initially, the business venture must progress and meet certain benchmarks within a reasonable time frame, which could be around three to five years, to be considered for PR.
Humanitarian and Refugee Visas
For refugees and those granted humanitarian visas, the path to PR is based on their protection status and other factors. Once granted a protection visa, they may be eligible to apply for PR after a certain period of time in Australia, which can range from three to five years. During this time, they need to integrate into the Australian community, meet any conditions related to their visa, and show that they have established a stable life in the country.
Conclusion
There is no one – size – fits – all answer to how many years one must stay in Australia to get PR. It depends on a multitude of factors, including the visa category, specific requirements of each visa subclass, and individual circumstances. Whether through skilled migration, family ties, business investment, or humanitarian reasons, the journey to permanent residency is a complex process that requires careful consideration of the relevant immigration rules and regulations.
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