What is a Substantive Visa?

Are you planning to migrate to Australia temporarily or permanently for work, business, holiday, studies, or family-related reasons? You may have heard of a substantive visa but are unsure what it entails.


What is a Substantive Visa? 

A substantive visa is a type of visa that allows individuals to live or stay in Australia either temporarily or permanently. It is granted to qualified and eligible applicants based on various criteria, depending on the visa subclass.  


What are the Key Characteristics of a Substantive Visa? 

  • Substantive Visa Types: Substantive visas can be either temporary (also known as provisional) or permanent. 

  • Not Considered as Substantive Visa: Any visa that is classified as a bridging visa, enforcement visa, or criminal justice visa. 
     

What are the Examples of Substantive Visas?

Examples of Temporary Substantive Visas

  1. Temporary Skill Shortage Visa (Subclass 482): This visa allows employers to sponsor a skilled worker to fill a position in their business. 

  2. Visitor Visa (Subclass 600): This visa permits individuals to visit Australia for tourism, business visitor activities, or to visit family and friends. 

  3. Student Visa (Subclass 500): For individuals who wish to study full-time at an accredited institution in Australia. 


Examples of Permanent Substantive Visas

  1. Skilled Independent Visa (Subclass 189): For skilled workers who are not sponsored by an employer or family member and who meet the points test. 

  2. Partner Visa (Subclass 820/801): For individuals in a genuine relationship with an Australian citizen or permanent resident. 

  3. Business Innovation and Investment Visa (Subclass 888): For business owners or investors who want to establish or manage a business in Australia.


What are the Eligibility Requirements for a Substantive visa? 

Eligibility for a substantive visa varies depending on the specific visa subclass. However, common requirements often include: 

  1. Health Requirements: Applicants may need to undergo health examinations to ensure they do not pose a health risk to the Australian community. 

  2. Character Requirements: Applicants must provide police clearance certificates to demonstrate good character and may be subject to background checks. 

  3. Visa-Specific Criteria: Each visa subclass has its own specific eligibility criteria, such as skills assessments for skilled visas, relationship evidence for partner visas, or enrolment confirmation for student visas.

  4. Financial Capacity: Some visas may require proof of sufficient funds to support oneself during the stay in Australia.

How Can Agape Henry Crux Help

Understanding what a substantive visa is and how it differs from other visa types is crucial for anyone planning to migrate to Australia. If you seek professional visa guidance, our Accredited Specialist Immigration Lawyer(s) and our immigration lawyers and migration agents at Agape Henry Crux specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.