Immigration law

Legal Differences in Immigration between Australia and the USA

The United States has the highest immigration rates in the world. Recently, Australia’s immigration rates are also growing in an unprecedented manner. In fact, according to The Guardian, Australia will have a migration boom in 2023.

The growing immigration rate in recent times has made migrating to any of the significant western increasingly difficult. Most governmental policies regarding immigration have changed over the years, making it hard to migrate without strong and valid reasons.

Recently, most governments are partnering with the legal services of travel agencies to pick from an ideal pool of people seeking to immigrate. The goal is to screen out people and pick those that would perfectly fit into the generalized skilled population.

The good news is that you have a higher chance of meeting up with the legal policies put in place by any of these two countries if you seek out the legal services of such travel agencies. It even helps more if you fall into the category of skilled professionals or want to study. In this post, we’ll be examining the differences between the United States and Australia’s legal policies for different types of immigration purposes.

Temporary Work Permit

Since the post-war era, countries like Australia and the USA have increasingly needed skilled labour. Both countries have continued to modify their migration policies to either take in more migrants, in the case of Australia or restrict the rate of immigration in the case of the United States.

Interestingly, both Australia and the USA have similar legal policies guiding temporary work permit immigration. The legal policies allow immigrants to have temporary visas to work in the country.

Major criteria that determine eligibility are having the necessary skills and, of course, the companies’ ability to provide funding for your well-being so that you will not become a burden on the government all through your work permit stay.

Furthermore, depending on the type of work you are doing and the quality of the skill you provide, your work permit can be renewed periodically. You may even qualify for a permanent residency that will make you a citizen of the country. You would need the legal services of a capable Immigration agency to achieve this. You can easily hire legal services online. In fact, online will-making software is popular in the USA, and these days, you can get any legal services online, including making an online will.

Present data show that even though Australia and the United States have similar policies, the USA has been enjoying a far more influx of generalized skilled workers than Australia. This is likely because the USA has far less stringent conditions to qualify for permanent residency while working as a temporary foreign worker than Australia.

Besides, the cost of living in the USA is relatively cheaper than that of Australia, making it easier for skilled foreign workers in the USA to meet up with the financial requirement of the legal policies of the USA than Australia.

International Student Policies

Just in case you don’t meet up with the requirements to be considered for a temporary work permit, the good news is that there is yet another option you can try out. The international student programs in the USA and Australia have facilitated much immigration into the country.

Recently, the United States and Australia have created legal policies to make them attractive to international students. This policy involves writing some series of exams and qualifying for a student visa to guarantee your country of preference and institution of choice.

The other good news is that both Australia and The USA allow international students to have a temporary student work permit that allows you as a student to do part-time work to cater to your financial needs while studying.

You also know that family members of a student with work permits are a top priority for immigration by Australia and the USA. They can easily qualify for a temporary work permit.

Despite the similarities in migrating to Australia and the USA via the international student program, the USA has more immigrants coming in through the international student program than in Australia. This shows that it is easier to meet up with the legal policies of becoming a student in the USA than in Australia.

Major Differences Between the United States and Australian Immigration Policies

  • Australian Immigration policy requires passing a character test or meeting the character requirements to get a visa or Australian citizenship. The character requirement can be found under section 501 of the Migration Act 1958.
  • On the other hand, United States policy concentrates more on fulfilling eligibility requirements, e.g. skilled workers, persons of extraordinary abilities, asylum seekers, etc.
  • United States immigration policy favours family-based immigration more than Australia.
  • Australia’s immigration policy favours the immigration of skilled persons over spouse/family immigration.


In general, both the USA and Australia are good places to migrate to, and both have policies to allow for the migration and assimilation of foreigners into their economies. However, the USA looks more attractive for immigrants who have not found a solid footing because the cost of living in the USA is generally lower than that of Australia.