Visa InformationTo help you understand about Skilled Migration Visa

General Skilled Migration (GSM)

This visa is for applicant including their family members (if any) who has recognised skill and work experience and does not have an Australian Employer to sponsor to work and migrate in Australia.

General Skilled Migration is currently part of the Point Based Skilled Migration (PBSM). The applicants could not apply directly under PBSM scheme but rather must lodge an Expression of Interest (EOI) and wait to be invited by Department of Immigration and Border Protection (DIBP) to apply for a visa. This visa incorporates visa subclasses Skilled - Independent, Skilled - Nominated and Skilled - Regional Provisional.

Skilled - Independent (Class SI) Subclass 189 Visa

Invitations under this subclass will be issued based on each occupation category. Applicants with the highest points within each category will be offered the first invitations. Therefore the more points you have the better chances of being selected for sponsorship.

Skilled - Nominated (Class SN) Subclass 190 Visa

Invitations under this subclass will require the applicant to have a pass mark of 60 points and a nomination by a State or Territory.

Skilled Regional Sponsored (Provisional)(Class SP) Subclass 489 Visa

There are two provisional visa streams under this class and subclass of visa.

The First Provisional Visa Stream requires the applicant to be invited to apply for a Subclass 489 visa with a nomination by a State or Territory or sponsorship from a relative who lives in a designated area.

The Second Provisional Visa Stream is available to applicants who are already in Australia on a pre 1 July 2012 provisional or regional sponsored visa and need to apply for another provisional visa to give them more time to meet the requirements for a permanent visa. This second stream does not require an invitation.

 

Business Skilled Migration

The Objectives of the Business Skills program is to contribute Australian economy’s growth and expansions. These are generating employment for people of Australia, increasing the export and production of Australian goods and services, introduce innovative technologies and leveling –up competition and commercial activity.

Most Business skills visas have a 2 stage application process. First is for applicants to apply for a Provisional Visa. Once criteria are met, they can now proceed to permanent visa application.

An Expression of Interest must be lodge through Skills Select and wait for an Invitation from a State or Territory before applying for a visa. Currently, there is no direct application for Provisional Visa.

There is a need for a Points Test – applicants must score at least 65 points and have a nomination from a State or Territory of Australia to get an invitation to apply for Business Innovation and Investment visa. Other requirements must be satisfied depending on what stream the applicant is applying for.

Business Innovation and Investment (subclass 188)

There are 3 Streams under this visa category:

  • The Business Innovation Stream - is for people who want to establish and manage their own business in Australia.
  • The Investor Stream - for people who want to make a designated investment in a State or Territory of Australia
  • The significant investor stream - for people who are willing to invest at least $5 million into complying investments in Australia and want to maintain business and investment activity in Australia after the original investment has matured.

The Business Innovation and Investment Program incorporate access to flexibility provisions to assist business people to achieve permanent residence and encourage innovative business. Provisional visa holders who were granted their visa by meeting the requirements for the business innovation stream may be eligible to apply for a two year extension to their provisional visa provided they are nominated by a state or territory government for the extension.

Similarly, significant investor visa holders can renew their visa twice, to provide a maximum of eight years on their provisional visa.

While there is no requirement to lodge an expression of interest at the permanent stage, it will still be required that the person has a State or Territory nomination.

Business Talent (Permanent) visa (subclass 132)

This permanent visa is for you if you are a business person who is nominated by an Australian State or Territory Government Agency. It allows you to establish a new or develop an existing business in Australia.

There is no Innovation Points Test for this visa category and no requirement to lodge an Expression of Interest.

Application can be made in or outside Australia and applicants can be in or outside Australia when visa is decided.

Two Streams of Business Talent (Permanent) Visa:

  • Significant History Stream – this is for high-calibre business people who want to do business in Australia and owners or part owners of their overseas business.
  • • Venture Capital Entrepreneur Stream – this is for people who have sourced venture capital funding from a member of Australian Venture Capital Association Limited (AVCAL) of at least $1 million for the purpose of establishing a business.

 

Expression of Interest (EOI)

Certain criteria have to be satisfied in lodging an EOI. The applicant must be less 50 years old, has an occupation listed on Skilled Occupation List (SOL), has competent English and holds a positive skills assessment. EOI can be lodge in or outside Australia. The applicant is not permitted to stay in Australia unless he/she holds a valid visa in place.

This is free of charge but applicants must ensure that they have sufficient evidence to justify the number of points they had allocated themselves. They will be penalised in providing bogus documentations or without requisite proof. It is an advantage for applicants who have higher points in the PBSM for job selection.

EOI can be updated anytime with new information until being invited to apply for a visa. After 2 years of lodging EOI and they have no invitation to apply for a visa, the EOI will lapse and the applicants need to lodge another EOI. Reminder that this is not an application for a visa and is never granted a Bridging Visa (BV) after lodgement.

 

Corporate Visa / Employer Sponsored Visa

Employer Sponsored Migration

Several options are available that allow Employers and their businesses to sponsor overseas worker to work in Australia. There is a need to submit an Expression of Interest (EOI) to be selected by Australian Employers and then nominate you to a specific job to perform in a business. However, it is no longer needed when you already have a nomination from an Australian Employer.

Permanent Employer Sponsored Visa

A business in Australia is required to lodge an application for approval of a nominated position for ENS and RSMS. A personal visa application made by the nominated individual then followed.

Applications under ENS require a fee for lodgment with the DIBP whereas an application under RSMS, no fee is required.

There are certain Exemptions if applying for ENS or RSMS Temporary Transition Stream or Direct Entry Stream. These exemptions may include age, English language ability and Skills qualification.

Our office can assist you in determining your eligibility for an exemption.

  • Employer Nomination Scheme (ENS) - This is a permanent visa that allows the overseas worker to work and live in Australia. Individuals must be nominated by an Australian employer to work in a specific job for the business. He/She can work in a non-regional area in Australia. There are 3 streams in ENS, Temporary Residence Transition Stream, Direct Entry Stream and Agreement Stream. You need to select the most appropriate one based on your personal circumstances.
    • Temporary Residence Transition Stream - for applicants holding subclass 457 visas and who have worked for their employer for two years in the nominated occupation and are now being offered a permanent position in that occupation by the employer.
    • Direct Entry Stream - for applicants who have not held a subclass 457 visa for the last two years, or for those applying directly from outside Australia.
    • Agreement Stream - for applicants who are applying as part of a Labour Agreement or Regional Migration Agreement.
  • Regional Sponsored Migration Scheme (RSMS) - This is a permanent visa that allows the overseas worker to work and live in Australia. It requires a job offer in Regional Australia. Individuals must be nominated by an Australian employer to work in a specific job for the business. Employee should work for at least 2 years of obtaining the visa otherwise visa is subject for cancellation. There are 3 Streams in this visa which are similar to that of ENS. You need to select the most appropriate one based on your personal circumstances.
    Individuals must be nominated by an Australian employer to work in a specific job for the business. Employee should work for at least 2 years of obtaining the visa otherwise visa is subject for cancellation. There are 3 Streams in this visa which are similar to that of ENS. You need to select the most appropriate one based on your personal circumstances.
    • Temporary Residence Transition Stream - for applicants holding subclass 457 visas and who have worked for their employer for two years in the nominated occupation and are now being offered a permanent position in that occupation by the employer.
    • Direct Entry Stream - for applicants who have not held a subclass 457 visa for the last two years, or for those applying directly from outside Australia.
    • Agreement Stream - for applicants who are applying as part of a Labour Agreement or Regional Migration Agreement.

Certification for RSMS

A certifying body must require the employer to show evidence of the following:

  • A genuine need for a paid employee in a business that is actively and lawfully operating in regional Australia;
  • The position is a full-time vacancy available in a business operating in regional Australia for at least 2 consecutive years;
  • The position requires qualifications equivalent to at least Australian diploma level (this includes trade certificates) unless there is a special circumstance.
  • Providing an employment contract or Appointment Letter for the position before a nominee’s visa can be granted.
A special form must be submitted to the Regional Certifying Body.

 

Temporary Employer Sponsored Visa

Temporary Work (Skilled) or 457

This temporary visa is for skilled workers to come to Australia and work for an approved Business who sponsored and nominated them to perform specified work for the business. Employer must be an approved Standard Business Sponsor or the occupation specified in the application is a subject of labour agreement. Skilled workers are allowed to stay in Australia and work for up to 4 years.

In most cases, they must have a positive skills assessment, proof of English language ability and Health Insurance.

For Employers to be eligible to sponsor, their business is active and meet the Training Benchmark. Offered employment to applicant must be no less than favourable than those are provided to an Australian performing equivalent work. The base rate must be greater than or equal to the current market salary rate of $53,900.00. (as of 01 July 2013)

Employer who wishes to sponsor skilled worker from overseas must meet their sponsorship obligations. After 2 years of continuous employment (maybe earlier in some cases), the employer may be able to nominate the applicant for permanent visa under ENS or RSMS.

 

The Occupation ceilings are set each year. Consequently, only a certain number of applicants with a particular occupation can receive an invitation in any one year.

Applicants should indicate whether they wish to be considered for an Employer Nomination visa or State/Territory Nomination visa. Employers and government official can go to the pool of EOI to search and select people for sponsorship. If they selected one, they will leave details and request the applicants to contact them directly. Applicants once sponsored by Employer can now apply for a visa under ENS. DIBP will send invitations to applicants to apply for a visa under State/Territory Nomination visa.

 

The Points Test

At least 60 points is required to satisfy the passing mark. The more points you have is an advantage for being selected for sponsorship. The new points test is scored according to the applicant's qualification at the time of invitation. The score is "locked" at this point so new information cannot be put forward between the time of invitation and the time of application.

The applicant will be assessed in accordance with the following:

  • Age qualifications
  • English language qualifications
  • Overseas employment experience qualifications
  • Australian employment experience qualifications
  • Aggregating points for employment experience qualifications
  • Australian professional year qualifications
  • Educational qualifications
  • Australian study qualifications
  • Credentialed community language qualifications
  • Study in regional Australia or a low-population growth metropolitan area
  • Partner skill qualifications
  • State or Territory nomination qualifications
  • Designated area sponsorship qualifications