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Australian Immigration Regulations. . . at a glance

Do I qualify for immigration to Australia? Which class should I apply under? What conditions do I need to satisfy? To help answer some of these questions here is a brief introduction to the Australian immigration system.

Essentially, Australia grants permanent residence visas under four main streams; Skills, Family, Business and Humanitarian. Under each stream there is a range of visa classes and the key is to select the right class according to your personal situation. The fifth option is to apply for a temporary residence visa. 

Skills

The off-shore General Skilled Migration stream is divided into subclasses including Skilled Independent (the most popular) and Skilled Sponsored.

To qualify for immigration to Australia under these subclasses you or your partner must be

  • under the age of 45
  • have competent English
  • nominate an occupation on the “Skilled Occupation List (SOL)”
  • and have at least 12 months work experience in a skilled occupation.

For information on the SOL, contact your Registered Migration Agent. If you meet the minimum criteria, then you’ll be subject to a points test, with the aim of claiming enough points to achieve the set pass mark.
Points are granted for qualifications, work experience, age, English language ability, occupation targeting and spouse’s skills. Additional points are available if you have studied or worked in a skilled occupation in Australia previously or are fluent and qualified in one of the languages of the country’s major trading partners or ethnic groups. You or your partner’s occupation is often the make or break of an application; either you or your partner must have recent work experience in an occupation on the SOL. Applicants receive additional points if their occupation is listed on the Migration Occupations in Demand List (MODL) and they have experience in their occupation.

Qualifications relevant to your occupation are also important with most degrees and higher trade certifications from recognised tertiary institutes meeting the requirements provided they involve at least 3 years post-secondary school study. An exception is made for certain tradespersons, IT professionals and Senior Managers, who do not possess formal qualifications, but who have relevant work experience to obtain industry certification in Australia. Applicants in occupations requiring professional registration (for example Dentists, Nurses and Physiotherapists) may need to apply for registration or meet specific requirements prior to submitting a residence application.

Sponsored subclasses

Those applicants who do not meet the pass mark for the Skilled Independent subclass can make a sponsored application, by obtaining sponsorship from a family member or a state / territory in which they intend to settle. If you have a qualifying family sponsor (parent, non-dependent child, brother, sister, aunt or uncle, niece or nephew), you can apply under the Skilled Sponsored subclass or the Skilled Regional Sponsored subclass, depending on the location of your sponsor. First cousins and grandparents can also provide sponsorship under the latter subclass. The pass mark is set at a lower level under the sponsored subclasses. Additional points are awarded if your sponsor resides in Regional Australia (outside main urban areas).

The Skilled Sponsored subclass is also an option if you have an occupation that is in demand in a state or territory of Australia. If you fail to meet the pass mark under the Skilled Independent subclass, but meet the minimum requirements and have a family sponsor living in a designated area, you may be able to qualify under the Skilled Regional Sponsored subclass. This involves first getting a provisional visa , then permanent residency after you and your family have lived in a designated area for at least 2 years and worked for at least 12 months before applying.

Further opportunities for regional migration exist if you wish to settle in “Regional Australia”, under the Skilled Regional Sponsored subclass. This also involves initially getting a temporary visa (valid for three years), through state /territory sponsorship, then applying for permanent residency after at least 2 years residence, provided you have worked for at least 12 months. The Skill Matching Scheme enables applicants to enter their details in the skill-matching database for a period of two years. During this time they may receive a nomination to reside in a certain region of Australia. Most applicants who succeed under these classes qualify for residence WITHOUT the need for a pre-arranged job offer at the time of applying.

Employer Nomination and the Regional Sponsored Migration Scheme can be considered by applicants who have been offered a highly skilled job offer that cannot be filled by an Australian citizen or permanent resident. The newly introduced Temporary Recognised Graduate subclass is an option for those who have recently graduated from an overseas tertiary educational institution and want to experience Australia before applying for permanent residence. This subclass is currently only available to engineering graduates.

Are you eligible to emigrate?  Find out now.  Click here for a FREE initial immigration assessment  provided by the Migration Bureau (officially recognised immigration and visa consultants).  For information on the Migration Bureau Click here.
 
Family

This category is for persons who can be “sponsored” by a relative or partner who is an Australian citizen, or permanent resident, or an eligible New Zealand citizen aged over 18. If your partner is an Australian, you must be married OR in a de-facto relationship for at least 12 months to qualify for residence. You can be sponsored if you are a spouse, fianc←e, child/adopted child, parent, orphan relative, special need relative, aged dependant relative or last remaining relative of a qualifying sponsor who is resident in Australia. Contributory Parent options are available for those parents with sufficient capital to contribute to their future health costs in Australia. These visas subclasses are designed to overcome the otherwise lengthy waiting period currently facing parents wishing to migrate to Australia, subject to places being available.

Immigration Target

Australia's immigration policy allows for the granting of residence visas of up to 168,700 new settlers per year.

Are you eligible to emigrate?  Find out now.  Click here for a FREE initial immigration assessment provided by the Migration Bureau (officially recognised immigration and visa consultants).  For information on the Migration Bureau Click here.

Business

There are three main options: Business Owner, Investor Class, Senior Executive class - and a number of other subclasses.

Business Owner: If you own and operate a business and possess total assets of at least A$500,000 you can consider immigrating to Australia under this class, which again involves an initial provisional visa and then permanent. To qualify for the provisional visa, applicants must possess net assets of at least A$200,000 in a qualifying business with a turnover of at least A$500,000 p.a., for at least 2 years of the 4 years before applying. Applicants must be under 45 years of age, prepare a viable Australian business plan, have relevant management experience and an overall successful career.

To qualify for permanent residence, you must have carried out your intention to take up an ownership interest in a qualifying Australian business, as well as achieving certain financial criteria. Furthermore, your Australian business must have employed at least 2 full-time employees who are not members of your family. Applicants aged 45 to 55 years or those not meeting the above financial thresholds can consider an application under the Business Owner (State Sponsored) class. Under this class, applicants must apply and have sponsorship from a participating state or territory. Most significantly, the financial requirements are reduced under this class. Furthermore, it is necessary to reside in your nominated state for 4 years in order to be approved for a permanent residence visa.

Investor Class: To immigrate to Australia under the Investor Class, applicants must have possessed a net worth of A$2,250,000 for at least 2 fiscal years prior to applying, must be under 45 years of age and be
prepared to invest A$1,500,000 into Australian State treasury bonds for at least 4 years. These bonds are Government guaranteed and accrue interest. Applicants must also have owned/managed a business or had a direct involvement in eligible investments, and are required to meet a range of financial/ownership thresholds.

The Investor Class enables the granting of a 4-year provisional visa, followed by a permanent visa once investment criteria have been met. Applicants aged 45 to 55 years or those not meeting the above financial
thresholds can apply under the Investor Class (State Sponsored), but they must have sponsorship from a participating state or territory. Most notably, the financial requirements are reduced under this class. If you are proposing to establish a business in Australia that your sponsoring State or Territory Government has determined is of exceptional economic benefit, then you can consider an application under the Business Talent class, providing the set financial criteria are met. All applicants are required to satisfy health, character, police and credibility checks, and a range of other criteria.

Are you eligible to emigrate?  Find out now.  Click here for a FREE initial immigration assessment under this class or any other visa class provided by the Migration Bureau (officially recognised immigration and visa consultants).  For information on the Migration Bureau Click here.

Humanitarian

Permanent protection visas are available under the Humanitarian stream for eligible applicants.

Temporary visas

A number of temporary visas are also available .

Investor Retirement visa: If you are aged 55 plus, of good health and meet the necessary financial thresholds, you can consider an application under the Regional Investor class. Applicants apply for sponsorship to the State or territory in which they intend to settle and need to have sufficient resources to provide for their settlement, an annual income accessible in Australia, and must be prepared to make a designated investment. The financial requirements are lessened for applicants who intend to settle in regional Australia. The initial visa and subsequent visas are issued for 4 years.

Work Visa – Business (Long Stay) Visa: If you are offered a job that cannot be filled by an Australian and the Australian employer is willing to provide “sponsorship”, you may be able to apply for a work visa.
This visa is issued for the duration of the employment contract or 4 years, whichever comes first.

Working Holiday Visa: Citizens of certain countries who are under the age of 30 years may consider obtaining a Young Persons Working Holiday Visa. This visa enables you to work and travel for 1 year, and allows the holder to work for 6 months with each employer or study a course of no more than 4 months duration.

Student visa: If you are enrolled into a qualifying course at an Australian tertiary institution, you can apply for a student visa. This visa allows you to study and to work 20 hours per week.

For further information on these visa options please contact your nearest Australian Migration Consultant as they will explain the immigration regulations and entry criteria in greater detail.

CAUTION: Immigration Regulations can change without advance notice. You are strongly advised to seek the advice of an Australian Registered Migration Agent before applying.

(Information on these pages valid as at 1st September 2009)

 

 

Are you eligible to emigrate?  Find out now.  Click here for a FREE initial immigration assessment provided by the Migration Bureau (officially recognised immigration and visa consultants).  For information on the Migration Bureau Click here.

 

 



 
 

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