Pathways of the Australia PR Process for Provisional Visa Holders Seeking Permanent Residence

A diverse range of applicants pursue their goal of relocating to Australia and take advantage of the benefits of permanent residency (PR) in the country. Accordingly, there is a distinct Australia PR Process for each category of immigrants. However, the journey towards attaining the PR status is not always linear. Certain applicant profiles are only suitable for ‘provisional’ visas – temporary visas that are valid for a particular duration, but act as gateways to the PR visa.

In this scenario, the candidate must fulfil the conditions of the provisional visa, proceed to live and work in Canada with this visa, and subsequently apply for the relevant PR visa. Eventually, they may also apply for Australian citizenship. Temporary residents can transition to living and working permanently in Australia through some common pathways:

Australia PR Process for Provisional Visa Holders

Partner (Migrant) visa – Subclass 100

The common-law-partner or spouse of an Australian permanent resident or citizen, who has been living in Australia on a Partner (Provisional) visa (Subclass 309), can attain PR two years after filing the combined application for the 309 and 100 visa. One month before the completion of two years, the spouse must submit the required documents to the Department of Home Affairs via ImmiAccount—the online visa application portal.

It is necessary to prove the continuity and authenticity of the relationship between the two individuals by showcasing that they live together and are in a monogamous marriage/de facto relationship. The best interests of the child (if applicable) are also considered while assessing the application.

The Subclass 309 visa fee is inclusive of the Subclass 100 visa fee, so the partner/spouse does not need to make an additional payment at this stage. The processing time for the visa application is 20 to 37 months.

Skilled Regional (Residence) visa – Subclass 887

Holders of a Subclass 489, 475, 495, or 496 visa; or a valid Bridging visa A or Bridging visa B, can apply for this PR visa. While eligibility for the Subclass 489 visa is evaluated according to the Australia PR Points Calculator, the Subclass 887 visa is granted based on unique requirements.

A resident who has been living for at least two years and working full-time for at least 12 months in a regional or low-population growth metropolitan area, or a designated area of Australia, can continue to reside permanently in that area by applying for the Subclass 887 visa via ImmiAccount. The primary applicant must pay AUD 385 as visa fee, and additional fees for dependents. It can take 15 to 16 months to process this application.

Business Innovation and Investment (Permanent) visa – Subclass 888

A temporary resident who holds a Business Innovation and Investment (Provisional) visa (Subclass 188) under a relevant stream, or a Subclass 457 (Business (Long Stay)) visa, and certain holders of the Subclass 444 (Special Category) visa, might be eligible for securing PR through this pathway.

Under each stream, an applicant must fulfil predetermined guidelines – regarding visa conditions, duration of stay, business involvement, investment or entrepreneurial records – and provide documented evidence. The visa fee under all streams is AUD 2,405 for the main applicant. There is no stipulated processing time for the visa application.

While the Australia PR process for provisional visa holders is more elaborate and complex, a determined immigrant must exercise patience and perseverance to claim their place in the Land Down Under.

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