Australia Permanent Visa Available Options | Skilled, Business, Family Visas

Visa Types
REQUIREMENTS FOR PERMANENT RESIDENCE IN AUSTRALIA

Australia’s Immigration program can be divided into 3 broad groups being Skilled or Economic migration, Family migration and the Refugee or Humanitarian program. This document will cover the first two groups.

Skilled / Economic Migration

1. General Skilled Migration

The General Skilled Migration Programme, often referred to as the points test, includes the Skilled Independent Category and Skilled Sponsored Categories.  There have been numerous changes made to the processing of these applications since January 2010 in particular with the most significant change being introduced on 1 July 2012.  From this date the General Skilled Migration Program will operate under the new SkillSelect arrangements.  This means that applicants will first need to submit an Expression of Interest (EOI) and then only if they are invited to lodge an application will it be possible to formally lodge an application for Permanent Residence in Australia.  It is important to note that prior to submitting an EOI, applicants must still obtain a positive skills assessment and where required, an IELTS (International English Language Test) or OET English Test with the required score.  Effective 1 July 2012 the points test includes the following components:-

1 July 2012 Points Test – Points Allocation

Factor Description Points
  18-24 (inclusive) 25 points
  25-32 (inclusive) 30 points
Age, at time of invitation 33-39 (inclusive) 25 points
  40-44 (inclusive) 15 points
  45-49 (inclusive) 0 points
     
English Language competency Competent English – IELTS 6 / OET B 0 points
level, at time of invitation Proficient English – IELTS 7 / OET B 10 points
  Superior English – IELTS 8 / OET A 20 points
     
Overseas skilled employment in At least 3 but less than 5 years (of past 10) 5 points
nominated skilled occupation or At least 5 but less than 8 years (of past 10) 10 points
a closely related skilled occupation, At least 8 and up to 10 (of past 10) 15 points
at time of invitation    
     
Australian skilled employment At least 1 but less than 3 years (of past 10) 5 points
in nominated skilled occupation At least 3 but less than 5 years (of past 10) 10 points
or a closely related skilled occupation At least 5 but less than 8 years (of past 10) 15 points
at time of invitation At least 8 and up to 10 years (of past 10) 20 points
Note: max points for any combination of overseas and Australian skilled employment is 20 points    
     
  Doctorate from an Australian educational institution or other Doctorate of a recognized standard  

20 points

 

Educational qualifications, at time of invitation

At least a Bachelor degree, including a Bachelor degree with Honours or Masters, from an Australian educational institution or other degree of a recognized standard  

15 points

  Diploma completed in Australia, trade qualification completed in Australia, or qualification or award of recognized standard  

10 points

     
 

Australian study qualifications, at time

of invitation

One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian Study Requirement  

5 points

     
  Credentialled community language qualifications 5 points
 

Other factors, at time of invitation

Study in regional Australia or in a low population growth metropolitan area (excluding distance education)  

5 points

  Partner skill qualifications 5 points
  Professional Year completion, for a period of at least 12 months in the 4 year period immediately before the day on which the invitation was issued  

5 points

     
  Nomination by State or Territory government (visa subclass 190 only) 5 points
 

Nomination/Sponsorship, at time invitation

Nomination by State or Territory government or sponsorship by an eligible family member, for residing and working in a specified/designated area (visa subclass 489 only)  

 

10 points

 

1 July 2012 Points Test – Points Allocation

 

The passmark is 60 points for both the Skilled Independent (Subclass 189) and Skilled Nominated (Subclass 190) categories.

To be sponsored under the Skilled Nominated category the applicant must have an occupation included on the occupation in demand list produced by the relevant State Government.  Applicants must be under age 50 at the time of application.

 

It is important to note that although sponsorship by close relatives in Australia is still possible, this is now only available to applicants with eligible relatives who reside in a designated area.  This particular visa (subclass 489) is a 4 year provisional visa and the visa holders must live and work in the specified regional area.  In certain circumstances subclas 489 visa holders may be eligible to apply for Permanent Residence under the Skilled Resgional Visa category subclass 887 after arrival in Australia.

To submit an application under these categories, applicants must have lodged an Expressiona of Interest (EOI) and have received an invitation to submit a visa application.  In addition the applicant’s occupation must be included on the Skilled Occupation List and have been assessed by the appropriate assessment authority in Australia as suitable and equivalent to the Australian occupation. It should also be noted that applicants will be required to undertake the International English Language Test as evidence of English language ability, unless the applicant holds a passport from the following countries and does not claim any points for English Language:

  • United Kingdom (UK)
  • Canada
  • New Zealand
  • United States of America (USA)
  • Republic of Ireland

2. Employer Nomination Scheme

This category is available to applicants who are sponsored by an Australian employer who can demonstrate a need for the sponsored employee. By definition applicants must be highly skilled and their occupation included on a list of gazetted occupations specifically for this category. In most cases applicants must be under age 50 but in exceptional circumstances applicants may be aged to 55.

To be eligible applicants should either have obtained a positive skills assessment in their nominated occupation and have 3 years relevant experience or be sponsored in a position, for which the taxable salary will be over A$250,000 per annum excluding Superannuation.

Alternatively, for applicants already in Australia on 457 Temporary Long-Stay Business Visas, they can apply after being on a subclass 457 visa for 2 years, including at least 1 year with the sponsoring employee.

3. Business Skills

Similar to the General Skilled Migration program discussed above, the Business Skills visa categories will also be operated under the SkillSelect system from 1 July 2012.  As such prospective business migrants will need to submit an Expression of Interest (EOI)  and then only, if formally invited to lodge a visa application, will it be possible to proceed with an application for residence in Australia.  Applicants will still be required to meet the following specified criteria:

Business Innovation Stream:

Business background Overall successful business career
Net assets – business AUD$ 200,000
Net assets- Business and personal AUD$ 800,000 lawfully acquired and capable of being transferred to Australia within 2 years
Annual turnover – business For at least 2 out of last 4 fiscal years applicant’s main business/es overseas have annual turnover of at least AUD$500,00
Net assets – settlement Applicant and/or spouse have sufficient net assets in Australia
Shareholding
  1. 51% of the business where the turnover is less than A$400,000 per annum; or
  2. 30% of the business where the turnover is A$400,000 or more per annum; or

10% where the business is a publicly listed company.

Role in overseas business For at least 2 out of 4 fiscal years applicant has spent at least 50% of time in management role in business that provides professional, technical or trade services.
Sate/Territory Government Has notified appropriate regional authority in state/territory regarding applicant and business intentions in Australia
Genuine business commitment To establish or participate in active management of qualifying business in Australia and maintain substantial ownership interest
Nil unacceptable business activity Neither applicant or spouse has history of unacceptable business activities
Need to be in Australia Demonstrates need to be in Australia to conduct or establish business activity in Australia
Age 44 years of age or less
English Vocational English
Signed declaration Understand obligations as the holder of subclass 160
Other Where applicant must be at time of decision

 

Outside Australia (primary)

In Australia if holder of student visa (secondary)

  Visa validity

 

4 years from entry expiry date
  Conditions Either 8502 or 8515 may be imposed

 

Investor Stream:

Business Background Overall successful qualifying business activity of eligible investment activity
Net assets – Business & Personal AUD$2,250,000 lawfully acquired and capable of being transferred to Australian within 2 years
Net assets – Settlement Applicant and/or spouse have sufficient net assets to settle in Australia
Ownership or net assets in business For at least 1 of 5 fiscal years applicant has direct management in qualifying business where applicant and/or spouse have:

  • 10% ownership; or
  • Net value of at least AUD$1,500,000
Role in overseas business/investment activity At least 3 years applicant has directly managed 1 or more qualifying business or eligible investments; and

High level of management skill in investment/business activity

State/Territory Government Has notified appropriate regional authority in state/territory regarding applicant and business intentions in Australia
Genuine business commitment To maintain business/investment activity
Nil unacceptable business activity Neither applicant or spouse has history of unacceptable business activities
Age 44 years of age or less
English Vocational English
Signed declaration Understand obligations as the holder of subclass 162 visa
Other: Where applicant must be at the time of decision Outside Australia (primary)

In Australia if holder of student visa (secondary)

  Visa Validity 4 years from entry expiry date
  Conditions Either 8502 or 8515 may be imposed

 

In addition applicants for the provisional Business Innovation and Investment Visa (subclass 188) are also required in all cases to have State Sponsorship and to score 65 points on the following points test:

1 July 2012 Innovation Points Test – Points Allocation

Factor Description Points
Age 18-24

25-32

33-39

40-44

45-54

20

30

25

20

15

English Language Vocational of higher

Proficient or higher

5

10

 

Qualifications

Australian trade certificate, Diploma or Bachelor degree or a Bachelor degree recognized by the Minister

 

Bachelor Degree in Business, Science or Technology

 

5

 

 

10

Business Experience Greater than 4 years business experience

 

Greater than 7 years business experience

10

 

15

Investment experience Greater than 4 years investment experience

 

Greater than 7 years investment experience

10

 

15

Financial metrics

 

Net Business and Personal Assets:

AUD800,000

AUD1.3 million

AUD1.8 million

AUD2.25 million

 

5

15

25

35

  Business turnover:

AUD500,000

AUD1 million

AUD1.5 million

AUD2 million

 

5

15

25

35

Innovation Registered patents or registered designs

Evidence of trademarks

Evidence of joint venture agreements

Evidence of export trade

Gazelle business

Evidence of receipt of grants or venture capital funding

15

10

5

15

10

 

10

State or Territory nomination Special endorsement (limited places) 10

 

While the Busines Innovation and Investment Visa is a provisional visa initially and only becomes permanent when applicants have met certain criteria in Australia, there is one Business Visa known as the Business Talent Visa which grants Permanent Residence from the outset.  The criteria to be met are much higher the the Business Innovation and Investment Visa ans can be summarised as follows:

Applicants must:

  • be a high calibre business owner who will enter into business in Australia
  • be less than 55 years of age of the nominating jurisdiction must provide their support to waive the age requirement
  • have net business and personal assets of A$1,5 million of which A$400,000 must be net business assets
  • have a business turnover of A$3 million per annum

 

Family Migration

The more common categories in this group include:
1. Parent Migration

This category is available to parents who have the majority of their children permanently resident in Australia as Australian Citizens or Australian Permanent Residents, and satisfy health and character requirements. Applicants may apply under either the contributory parent visa category which requires a significant payment to be made and by doing so expedites the processing of the application or the normal parent category which currently takes many years to be processed.

2. Spouse, De Facto Spouse or Interdependent category

Under this category applicants must be sponsored by an Australian permanent resident or citizen who is their spouse, de facto spouse or interdependent partner. To qualify as a de facto spouse applicants must have been living together with the sponsoring spouse in a mutually exclusive relationship for a minimum of 12 months.

3. Remaining Relative

Applicants under this category must be the last member of their immediate family who is not an Australian permanent resident or citizen and not living in Australia. If the applicant is married their spouse must also meet the requirements.  Currently there is a long delay in the processing of this visa category.

Apart from the criteria associated with each of the above categories applicants in all cases must meet medical requirements as well as police clearances.

 

Temporary Residents

Australia has a number of visa classes which result in temporary residence for applicants for a specified period of time. The most common visa under this category is the Long Stay Temporary Business Visa (subclass 457). This is the temporary resident alternative to the Employer Nomination Scheme described above. Further information can be provided on request.

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