Australia: The rights conferred on the holder of a provisional resident visa, and whether the same rights were conferred on holders of a provisional resident visa during the period 3 March 2004 through 29 September 2004; the rights conferred on an individual with temporary resident status, and whether the same rights were conferred on such individuals during the period 3 March 2004 through 29 September 2004; whether persons who have a provisional resident visa or temporary resident status are eligible for Australian citizenship, and if so, the criteria that must be fulfilled and procedures that must be followed (March 2004 - March 2005)

Provisional Resident Visa

Information on provisional resident visas issued by the Australian government could not be found among the sources consulted by the Research Directorate. However, the Australian government does issue Business Skills (Provisional) visas, which are issued for a period of four years and encourage "successful business people to settle permanently in Australia and develop new or existing businesses" (Australia 17 Dec. 2004). In a two-stage process that was introduced on 1 March 2003, once a requisite level of business or investment is maintained, holders of such visas become eligible to apply for a Business Skills (Resident) visa (ibid.). For additional information on Business Skills entry into Australia, please refer to the booklet entitled Business Skills Entry, which can be found on the Website of the Australian Department of Immigration and Multicultural and Indigenous Affairs at . For ease of reference, a chart taken from this booklet and entitled "Guide to Business Skills Categories – Pathways to Permanent Residence" has been attached to this Response.

Temporary Residence

Temporary residence in Australia is "the right to live and/or work ... for a limited time, or the right to live in Australia in retirement" (Australia 20 July 2004a). Temporary Residence visas are non-business visas (High Commission of Australia n.d.) issued to individuals generally to facilitate skilled employment, social or cultural promotion or international relations for the benefit of the Australian community (Australia 20 July 2004a). Persons who have temporary resident status are required to pay taxes on income earned in Australia, though they cannot receive social welfare or national public health coverage (ibid. 23 Sept. 2004). Please refer to the attached information entitled "information on Temporary Residence Visas" taken from the Website of the High Commission of Australia, in Ottawa. Additional information on the rights conferred upon an individual with temporary resident status could not be found among the sources consulted by the Research Directorate.

Citizenship

According to information posted on the Website of the Australian Department of Immigration and Multicultural and Indigenous Affairs, only persons who have permanent resident status are eligible for Australian citizenship (20 July 2004b). In addition, such persons must also

have been present in Australia as a permanent resident for a total of at least two years in the last five [years], and a total of at least twelve months in the last two years;

[be] able to speak and understand basic English;

understand the privileges and responsibilities of Australian citizenship;

[be] of good character; and

intend to reside in Australia or maintain a close and continuing association with Australia (20 July 2004 b).

An individual is not required to renounce his or her citizenship when becoming a citizen of Australia because the government recognizes the right to more than one nationality (Australia 22 Dec. 2004). Furthermore, since a citizen of Australia enjoys an "unrestricted" right to remain, exit and enter the country, the acquisition of Australian citizenship nullifies all previously held visas (ibid.).

To begin the process of applying for citizenship, an individual is required to complete a specific form and submit it, along with a processing fee, to the Department of Immigration and Multicultural and Indigenous Affairs (ibid.). After a short interview with the applicant, the Department informs the applicant by letter as to whether his or her application for citizenship is successful (ibid.). If successful, the applicant is required to attend a citizenship ceremony (ibid.)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.

References

Australia. 22 December 2004. Department of Immigration and Multicultural and Indigenous Affairs. "Frequently Asked Questions on Australian Citizenship." [Accessed 9 Mar. 2005]
_____. 17 December 2004. Department of Immigration and Multicultural and Indigenous Affairs. "Business Skills Entry." [Accessed 9 Mar. 2005]
_____. 23 September 2004. Department of Immigration and Multicultural and Indigenous Affairs. "Other Visa Options for Temporary Residents." [Accessed 9 Mar. 2005]
_____. 20 July 2004a. Department of Immigration and Multicultural and Indigenous Affairs. "Temporary Stay in Australia – Frequently Asked Questions." [Accessed 9 Mar. 2005]
_____. 20 July 2004b. Department of Immigration and Multicultural and Indigenous Affairs. "Permanent Residence in Australia – Frequently Asked Questions." [Accessed 9 Mar. 2005]

Attachments

Australia. 2005. Booklet No. 7. Department of Immigration and Multicultural and Indigenous Affairs. "Guide to Business Skills Categories – Pathways to Permanent Residence." Business Skills Entry. [Accessed 9 Mar. 2005]

High Commission of Australia. n.d. "Visas & Immigration: Information on Temporary Residence Visas." [Accessed 9 Mar. 2005]

Additional Source Consulted

The High Commission of Australia, Ottawa, did not respond to a letter requesting information within time constraints.