February 23, 2012

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Australia Immigration

Family Migration

The family migration visa includes spouses, fiancés, dependent children who are still part of the family unit, parents with children residing in Australia, aged dependent relatives, carers, orphaned minors and remaining relatives. Family visas require a sponsorship from their Australian resident relative who must be an Australian permanent resident or citizen. Apart from applications from spouses, children and fiancés, the sponsor should usually have been resident in Australia for a minimum of two (2) years. An assurance of support bond and health services charge is payable for parents who meet the balance of family test and for aged dependent, carer, orphaned minor and remaining relatives. The assurance of support is refundable with interest two (2) years after arrival of the family less any claims by Centrelink to offset payment of special benefits and certain allowances. The health service charge is not refundable. Fast track processing of parent applications is available for the high cost contributory parent category.

Business Migration

Designed to attract people with business and/or investment skills whose migration will result in one or more of the following benefits to Australia:

  • Enhanced business and investment skills
  • Business links with international markets (esp. Asia-Pacific region)
  • More jobs
  • Increased exports
  • Import replacement
  • Use of new or improved technology
  • Increased commercial activity and competitiveness.

(i) Business Talent (Migrant)

Requirements include net assets in qualifying business of $400,000.00 and a turnover of $3,000,000.00 for two of the four fiscal years preceding application lodgment. Applicants need business and personal assets of at least $1,500,000. Age limit is 54. Commitment to business activity in Australia and sponsorship by a State or Territory government is a requirement. The Business Talent category is the only direct entry category by which persons overseas can obtain Australian permanent residence on business grounds. Very few visas are issued under this category.

(ii) Provisional Business Visas

You can apply for the provisional visa as a business owner, senior executive or investor. Within these categories, there is a distinction between State/Territory sponsored applicants and others. The criteria for State/Territory applicants are less demanding than for persons who are not sponsored. For instance, the financial criteria are substantially lower for State/Territory sponsored applicants, the age limit is 54 (44 if not sponsored) and there is no vocational English requirement. Provisional visas are valid for 4 years. Persons landing on provisional visas who subsequently become successfully involved in business activity in Australia can apply for residence visas, either in their own right or with State/Territory sponsorship.

Skilled Migration

Skilled – Independent (Migrant) Visa (Subclass 175)

  • You must achieve the current pass mark score of 65
  • You are under 50 years of age
  • Your nominated occupation is on the Skilled Occupation List (SOL) – Schedule 1
  • You have recent skilled employment experience for a period totaling at least 12 months in the last 24 months before applying  OR You meet the recent Australian study requirement in the last six months
  • You have a competent level of English language skills.  An English proficiency test is usually required
  • Your  skills are positively assessed by a designated Australian assessing authority
  • Extra points are awarded for having an Australian qualification, have studied in a regional area, have completed a recognized Professional Year, meet the requirements for a credentialed community language, or your spouse is also able to satisfy the skilled visa requirements.

Skilled – Sponsored (Migrant) (Subclass 176)

You must be either sponsored by an eligible relative living in Australia or nominated by a participating State or Territory government.

An eligible relative resides in Australia and is:

  •  An Australian citizen
  •  An Australian permanent resident
  •  An Eligible New Zealand citizen

Your sponsor must be related to you or your spouse as one of the following:

  • A child – including a stepchild
  • A parent – including a step–parent
  • A brother or sister – including adoptive or step-sibling
  • A niece or nephew – including adoptive or step–niece or nephew
  • An aunt or uncle – including adoptive or step–aunt or uncle
  • You must achieve the current pass mark score of 65
  • You have a competent level of English language skills.  An English proficiency test is usually required
  • Your nominated occupation is on the Skilled Occupation List (SOL) – Schedule 2
  • Your  skills are positively assessed by a designated Australian assessing authority
  • Extra points are awarded for having an Australian qualification, have studied in a regional area, have completed a recognized Professional Year, meet the requirements for a credentialed community language, or your spouse also satisfies the skilled visa requirements.

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

This is a three (3) year provisional visa for skilled workers who are unable to meet the criteria for a Skilled – Independent visa. You will have the opportunity to apply for permanent residency after you have lived for two years and worked full time for periods totaling at least one year least 12 months in a Specified Regional Area of Australia.

  • You must nominated by a participating state or territory government agency or you must be sponsored by an eligible relative living in a designated area of Australia.
  • You must achieve the current pass mark score of 65
  • You have competent level of English language skills.  An English proficiency test is usually required
  • Your nominated occupation is on the Skilled Occupation List (SOL) – Schedule 2
  • Your  skills are positively assessed by a designated Australian assessing authority
  • Extra points are awarded for having an Australian qualification, have studied in a regional area, have completed a recognized Professional Year, meet the requirements for a credentialed community language, or your spouse also satisfies the skilled visa requirements.

Distinguished Talent Visa (Subclass 124)

This a permanent visa for people outside Australia, who are nominated for migration on the basis of their internationally recognized record of exceptional and outstanding achievement in a profession, the arts, sport, research or academia.

The Distinguished Talent visa requires that you are active in your field of expertise and you have an eligible person or organization to nominate you.  The nominator must be a person or organization with a national reputation in Australia in your field of expertise.

The nominator must know you personally and be one of the following:

  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen
  • An Australian organization.

The role of the nominator is to recommend you as a person of distinguished talent.

You must be able to obtain employment or become established independently in Australia in your area of expertise. You must be able to show either of the following:

  • You have a job
  • You can establish a viable business in Australia.

You must be considered a potential asset to the Australian community. You must show how your settlement in Australia could contribute economically, socially or culturally to the nation as a whole – not just a local community.

If you are below 18 or above 55 years of age, you must provide evidence that you would be of exceptional benefit to the Australian community.