Providing check list information will not qualify you for a visa – you must meet the relevant legislative criterion.
Only after we assess legal criterion against the information you provide, we will be able to provide an opinion of your ability to meet the visa related regulatory criterian.
- Check list does not guarantee a positive visa outcome. You must meet the Migration Act and Regulatory requirements to be successful.
- You must provide correct information to DIBP, if not you may be banned for 5 years.
- This checklist information and supporting documents are required to assist with the lodgement of a complete application.
- You may also need to provide additional information and documentation after you have made your application if the department requires.
About the information you give.
DLEGAL
As a legal practice certain documents and information, you give us are protected under the common-law doctrine of legal professional privilege which is not available to migration agents who are not lawyers. The information you give us is subject to our privacy principals and professionals standards.
Privacy Act
The Privacy Act 1988 is the key law designed to safeguard personal information collected by Government agencies. Federal Government agencies (including DIBP) must comply with the Information Privacy Principles in section 14 of the Privacy Act 1988 when collecting, using and disclosing your personal information.
The Department of Immigration
The Department is authorised to collect information provided on this form under the Migration Act 1958.The information provided will be used for:
- assessing your eligibility to be granted the visa for which you have applied; and
- other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.
Note:
You need to provide documents to support your application. We could ask you for more information; it is in your interest to provide as all the information when we undertake the assessment. The DIBP can decide using the information you provide when we lodge the application.
The Migration Act may be cited as the Migration Act 1958.
- invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power;
- valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
Application of the Criminal Code
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
PART 2 CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS\Division 3 – Visas for non-citizens
Section 29 Visas
(1) Subject to this Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following:
(a) travel to and enter Australia;
(b) remain in Australia.
Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).
Document Checklist
Important
Protocol in relation to – Advice, Communications, Documents & feedback
- When communicating with us and providing documents please follow the “communications protocol” at all times. See further below for the protocol.
- We are unable to accept communications if the protocol is not followed.
Note: All applicants and dependents must provide applicable documentation and information.
General Skill Migration Checklist
1-8. |
Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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9. |
Have a relevant skills assessment, if applicableAssessments are valid until whichever comes first:
Evidence to attach to your applicationYou must attach with your application certified copies of all the documents you provided to the assessing body including:
Medical practitionersOne of these certificates issued by the Australian Health Practitioner Regulation Agency:
You must be registered at the time of invite. Barristers and SolicitorsProof of admission to practice as a lawyer in the relevant state or territory. You must be admitted to practice at the time of invite to apply. |
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10. |
English language
To prove you have competent English, show us evidence that:
or
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11. |
Work experienceWork experience outside Australia In the last 10 years, how long have you worked in your nominated skilled occupation or closely related skilled occupation outside Australia? Evidence to attach to your application You must provide evidence of your specific work experience. This could include employment references and duty statements covering the required period. Please note that employment references must:
Other documents to confirm your work experience claims may include, but are not limited to:
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12. |
Australian work experienceYou are eligible to be awarded Australian work experience points if you have been employed in Australia:
Evidence to attach to your application If you are seeking points for Australian work experience, you must attach certified copies of your work references totalling the required one (1) year period. Your work experience references must:
Other documents to confirm your work experience claims may include, but are not limited to:
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13. |
Recognised Professional Year, if applicableIf you have completed a recognised Professional Year, you must obtain documentary evidence of this which includes:
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14. |
Qualifications (Australian and overseas)You can be awarded points for an Australian qualification if:
Evidence to attach to your application You must obtain documentary evidence of having completed one of the qualifications described above. This evidence includes:
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15. |
Australian community language, if applicableTo be eligible for Australian community language points you must be fluent in one of the community languages. You must attach certified copies of your degree, academic transcript and a letter from your university stating the language in which your course was conducted, or evidence of your NAATI accreditation. |
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16. |
Regional Australia study, if applicableYou can be awarded points if you have met the Australian study requirement while living and studying in a ‘regional Australia low population growth metropolitan area’ in Australia. If you are not sure of this contact us. Evidence to attach to your application You must provide documentary evidence that you have lived and studied in ‘Regional Australia/ low population growth metropolitan areas’. This evidence may include, but is not limited to:
To be awarded these points, documentary evidence as described above must be included with your application. |
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17. |
Partner skills, if applicableYou can claim ‘partner skills’ points if your spouse or interdependent partner is also able to satisfy the basic requirements of age, English language ability, qualifications, nominated occupation and recent work experience, and if they have obtained a suitable skills assessment from the relevant assessing authority. Points awarded The table below sets out the points available under this part of the points test.
Evidence to attach to your application You must obtain documentary evidence that your spouse or interdependent partner has met all the basic requirements for the particular General Skilled Migration visa that you are applying for. |
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18. |
Secondary applicant eligibility, if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/
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19. |
English requirements for secondary applicantsSecondary applicants aged 18 years or over who do not have functional English must pay a second instalment visa application charge. Evidence to attach to your application To avoid payment of the second instalment visa application charge, you must provide evidence that any secondary applicants 18 years or over included in the application have at least functional English. Level of English Evidence required – Functional You must provide one of the following:
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20. |
Australian Study Requirement, if applicable· If you are an overseas student, you must lodge an application for this visa within six (6) months of the date of completion of your course. · The date of completion is the first date on which the educational institution publicly notifies you that you have met the requirements for the award of your degree, diploma or trade qualification. This date should not be confused with the date of Graduation ceremony. · You must have completed two (2) academic years of study, which is 92 weeks of registered study. · All of which must contribute towards the award of an acceptable qualification that is closely related to the occupation you nominate Qualifications must be closely related to nominated occupation The Australian qualification(s) you have completed must be closely related to your nominated skilled occupation. This means that the subject matter and the skills gained from your qualifications can be applied at the level you achieved them in your nominated skilled occupation. What if you have completed study outside Australia?If you have undertaken study while not physically present in Australia, this study cannot be used to satisfy the Australian study requirement. Evidence to attach to your application You must obtain the following documentary evidence to attach to your application:
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21. |
Eligible visa – onshore applicants only, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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22. |
Australian Value Statement, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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23. |
Health documents, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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24. |
Character documents, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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25. |
Specialist education qualification, if applicableDo you have a master’s degree by research or a Doctorate degree from an Australian educational institution that included at least 2 academic years to in a relevant field? See above under qualifications. |
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26. |
Adequate health insurance, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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27. |
Pay your debts to the Australian Government, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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28. |
Best interests of the child , if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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29. |
Not had a visa cancelled or an application refused, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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30. |
Sponsor documents – only if there is a sponsor , if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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31. |
Non-migrating family members – only if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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32. |
Dependants under 18 documents , if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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33. |
Dependants over 18 documents , if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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34. |
Proof of dependency, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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35. |
Parental responsibility documents, if applicable, Please refer to our General Checklisthttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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36. |
Expression of Interest (EOI) documents [if applicable only]You must provide documents that support the claims you made in your EOI as per the points table. Depending on your claims this could include evidence of your:
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37. |
Prepare Documents, Please refer to our General Checklist herehttps://dlegal.com.au/articles/migration/checklists/general-checklist/ |
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38. |
Date of intended submission of relevant evidence |