Visa Categories and Eligibility Requirements
Structure of the visa system
Visas are either permanent or temporary, and either substantive or bridging. A candidate must know the major families: skilled (subclasses 189, 190, 491, 482, 186), family (partner 820/801 and 309/100, parent, child, remaining relative), student (500) and visitor (600), humanitarian (200-204, 866), and bridging visas (A, B, C, E). Each has Schedule 1 requirements (application validity) and Schedule 2 criteria (time of application and time of decision).
Eligibility logic
Separate mandatory from discretionary criteria. Mandatory criteria must be satisfied; discretionary criteria (e.g. 'if the Minister is satisfied') still require lawful satisfaction. Understand the two-stage partner visa (temporary then permanent), the genuine temporary entrant requirement for student and visitor visas, the genuine access to skills requirement for employer-sponsored visas, and the labour market testing obligations.
Traps in questions
- Confusing time-of-application criteria (which cannot be cured later) with time-of-decision criteria.
- Assuming a bridging visa grants work rights automatically - it does not.
- Mixing up the points test thresholds and the 'invitation to apply' mechanics for skilled visas.
- Overlooking that a visa application that does not meet Schedule 1 is invalid and cannot be decided.
Rule of thumb
For any visa question, work through a checklist: (1) Is the application valid under Schedule 1? (2) Which criteria apply at application? (3) Which at decision? (4) Are there any public interest criteria in Schedule 4? A worked example: a subclass 500 applicant who fails the GTE requirement fails a time-of-decision criterion and can be refused even if all documentary requirements were met at lodgement.