Lana Oconnell
International students who decide to continue living in their host country after completing their studies will need to apply for permanent residence. The process for doing so varies depending on the country, with different requirements and pathways to permanent residence. For example, in the US, international students are considered lawful permanent residents and must provide a copy of their green card to be considered domestic students. In Canada, international students can explore federal and provincial programs, such as the Quebec Experience Program, which offers accelerated pathways to permanent residence. Similarly, Australia offers various visa options, such as the Post-Study Work Visa, allowing international students to transition to permanent residence. Each country has its own unique set of criteria, and students should research the specific requirements for their desired destination.
Characteristics of international students applying for permanent residence
| Characteristics | Values |
|---|---|
| Country | Australia, Canada |
| Requirements | Qualification, English language ability, employment history, skilled migration points, employer or state government sponsorship |
| Visa options | Post Study Work Visa (subclass 485), TSS 482 visa, 186 visa |
| Programs | Canadian Experience Class (CEC), Federal Skilled Worker (FSW), Quebec Experience Program (PEQ), Quebec Skilled Worker (QSW) |
| Factors | Language ability, professional experience, demographic traits, family in the province/territory |
| Work experience | Must be gained after graduation, minimum of 12 months of full-time, continuous skilled work experience |
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What You'll Learn
Permanent residency requirements for international students in the US
Permanent residency in the US, also known as a "Green Card", allows individuals to live and work in the country indefinitely. There are several ways for international students to become permanent residents of the US, including through employment, family, ability, and the visa lottery.
Employment
One way to obtain a Green Card is through employment. This route requires an in-depth review and analysis of each individual case, taking into consideration the position being offered, the applicant's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field of expertise.
For those working in an academic environment, the H-1B visa is a common stepping stone to permanent residency. In the case of employment-based applications, the department or employer will typically be involved in the process and will "sponsor" the application to the United States Citizenship and Immigration Services (USCIS).
Family
Another common way to obtain a Green Card is through family sponsorship. This can be done through the petition of a close relative.
Visa Lottery
The Diversity Immigrant Visa Program, also known as the Green Card Lottery, is a pathway to permanent residency for international students.
Asylum
Successful application for political asylum can also lead to permanent residency in the US.
Other Considerations
The cost to apply for permanent residency in the US varies depending on the specific process and type of residency. The USCIS Immigrant Fee for international students is $220, the Biometric Services Fee is $85, and the fee for Form I-192 is $585.
It is important to note that the process of obtaining US permanent residency is complex and may take anywhere from a few months to several years. Applicants should refer to official government sources and seek legal advice from a qualified immigration attorney for the most accurate and up-to-date information.
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Obtaining a US immigrant visa
International students can apply for permanent residence in the US, but the process is complex and can take between one and three years, or longer for individuals born in China or India. There are two categories of US visas: immigrant and non-immigrant. Immigrant visas are issued to foreign nationals who intend to live and work in the US permanently. Non-immigrant visas are for foreign nationals who wish to enter the US on a temporary basis, for example, for tourism, medical treatment, business, or temporary work.
Immigrant visas are awarded based on a preference system and a priority date. The preference system refers to the various immigration categories under which an individual is approved for US residency. The priority date is the date assigned to the residency application when it is submitted to the Department of Labor or the Bureau of Citizenship and Immigration Services (BCIS). Until a foreign national is granted approval by the USCIS or the Department of State, and an immigrant visa number is available, they will not be able to obtain status as a Lawful Permanent Resident (LPR).
There are several ways through which a foreign national may become a US resident. One way is through employment. This requires an in-depth review and analysis of each individual case, taking into consideration the position being offered, the foreign national's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field of expertise.
Another way to obtain a US immigrant visa is through family. Certain family members of US citizens or LPRs may be eligible for a family-based immigrant visa. This includes spouses, unmarried children under 21, and parents and unmarried siblings over 21 of US citizens, as well as spouses and unmarried children of LPRs.
To obtain a US immigrant visa, an individual must first file a petition with the USCIS. If the petition is approved, the individual will then need to apply for an immigrant visa at a US Embassy or Consulate. As part of the visa application process, the individual will typically be required to attend an interview. Once the visa is issued, the individual must present it at a US port of entry before it expires. Upon review and endorsement by a CBP Officer, the individual becomes a Lawful Permanent Resident.
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Applying for permanent residence in Australia after studying
Australia is a popular destination for international students, with almost half a million travelling to the country to pursue their higher studies each year. Many international students in Australia hope to stay on and find work in the country, and achieving permanent residency (PR) is a key milestone for many.
There are several pathways for students to transition from a student visa to PR in Australia, and the right pathway for you will depend on a number of factors, including your qualification, English language ability, employment history and other requirements.
One option is to apply for a Post-Study Work Visa (subclass 485), which allows students to work without restrictions for up to two years. This can help students gain valuable work experience and improve their English language skills, which can be important for accumulating points for skilled migration.
Another option is to pursue an employer-sponsored visa. This involves obtaining a temporary visa (subclass 482) and working for an Australian employer for at least three years before applying for a permanent residence visa. In some cases, candidates can apply directly for permanent residency (186 visas), but employers often prefer the TSS 482 visa route.
A third option is to apply for a Skilled Independent Visa (subclass 189), which allows graduates to live and work in Australia as permanent residents. This visa is granted on a points-based system for skilled workers aged 18-49 who are not sponsored by an employer or family member, or nominated by the state government. Applicants need to submit documents such as an Expression of Interest (EOI), personal information, work experience, English proficiency tests, and merit achievements to the Australian immigration services.
It's important to note that the process of securing PR in Australia can be lengthy and time-consuming, and careful planning is required to meet the eligibility criteria. International students can begin planning for PR while studying, but they cannot apply until they have met certain requirements, such as completing their course and obtaining relevant work experience.
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The employer-sponsored pathway to residency
International students can apply for permanent residency, also known as a "green card" in the US. This status is conferred by the US Citizenship and Immigration Services (USCIS) and allows the holder to live and work in the US permanently. There are several pathways to becoming a Legal Permanent Resident (LPR) in the US, including through employment, family, ability, and the visa lottery.
Australia
The Australian government has implemented changes to its migration system to create a smoother pathway to permanent residency (PR) for temporary skilled workers. These changes include modifications to the following visa subclasses:
- Temporary Skill Shortage (subclass 482) visa (TSS)
- Employer Nomination Scheme (subclass 186)
- Regional Sponsored Migration Scheme (subclass 187)
The changes to the TSS visa will reduce the work experience requirement, with visa holders only needing to work with their sponsoring employer for two out of the preceding three years before nomination. Additionally, age exemption criteria are being adjusted, offering a two-year pathway to regional medical practitioners and high-income earners over 45.
To sponsor an employee for the subclass 186 visa, businesses must meet certain requirements, including offering full-time employment for at least two years with the possibility of extension. Nominating businesses must also be endorsed under the Northern Territory Designated Area Migration Agreement (NT DAMA) and have a labour agreement with the Australian government.
United States
In the US, the employer-sponsored pathway to residency involves the employer sponsoring the international employee (or "foreign national") for permanent residency. Once the department identifies an international employee they wish to sponsor, they should consult with the International Student and Scholar Services (ISSS) to determine sponsorship.
The specific requirements and processes for the employer-sponsored pathway to residency may vary depending on the country and the specific visa program. It is important for both employers and employees to stay informed about the latest immigration developments and seek expert guidance if needed.
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Permanent residency fees for international students
International students can apply for permanent residency in some countries, such as Australia, Canada, and the United States. The process and requirements vary by country, and there are often fees associated with the application process.
In the United States, international students can apply for lawful permanent resident status, which is commonly referred to as a Green Card. The USCIS Immigrant Fee must be paid online to obtain a Green Card. This fee is separate from the immigrant visa application fees collected by the Department of State. It is important to pay the USCIS Immigrant Fee within the specified timeframe to avoid delays in receiving your Green Card.
In Canada, there is a fee associated with permanent residence applications known as the Right of Permanent Residence Fee (RPRF). This fee must be paid when your application is approved and before you can become a permanent resident. However, it is possible to pay the RPRF at the same time as your application fees to streamline the process. If your application is approved before paying the RPRF, you will receive instructions on how to proceed. Refunds for the RPRF are available if your application is withdrawn or refused.
In Australia, there are various pathways for international students to obtain permanent residence. One option is the employer-sponsored pathway, which may involve obtaining a temporary visa (subclass 482) and working for a sponsoring employer in Australia for at least three years before applying for a permanent visa. Alternatively, individuals can apply directly for a permanent residence visa (subclass 186) without first obtaining a temporary visa. The Post-Study Work Visa (subclass 485) is another option for international students who may not immediately meet the requirements for skilled migration or employer sponsorship.
It is important to note that the requirements and fees for permanent residency applications can vary by country and may change over time. International students should refer to the official immigration websites or seek professional advice for the most up-to-date and accurate information regarding permanent residency fees and application processes in their desired country of residence.
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Frequently asked questions
Yes, there are multiple pathways for international students to apply for permanent residence in Canada. The majority of international student graduates are eligible to apply for a post-graduation work permit, which can help them gain valuable work experience. Canadian Experience Class (CEC) and Federal Skilled Worker (FSW) are two programs that can help international students transition to permanent residence. Additionally, the province of Quebec has its own immigration system, with programs like the Quebec Experience Program (PEQ) and Quebec Skilled Worker (QSW) that are designed for international students.
Yes, an international student can apply for permanent residence in the US. Permanent residency is an immigration status that allows an individual to live and work in the US permanently. This status is commonly known as having a "green card". International students can explore various pathways to obtain a green card, including through employment, family connections, or the visa lottery.
Yes, international students who have completed their studies in Australia can apply for a Permanent Residence Visa. There are different visa options and pathways available, such as the Post Study Work Visa (subclass 485) and the employer-sponsored pathway (subclass 482). It is recommended to seek guidance from registered migration advisors to navigate the various visa options effectively.
The process for obtaining permanent residence varies depending on the country. However, there are some common factors and steps that international students can consider:
- Research the specific requirements and pathways offered by the country of residence.
- Develop in-demand professional experience and skills that are valued by the country.
- Improve language proficiency in the official language(s) of the country.
- Explore different visa options and pathways, such as employer-sponsored visas or skilled migration visas.
- Seek guidance from registered migration agencies or advisors to navigate the process effectively.
