Migration to Australia, my newsletters and
publications
This
Newsletter column was started in 2003 and gets updated
periodically. Articles are dated. But sometimes it is
useful to check the old regulations – so these get left
for reference.
General
Skilled Migration (GSM) visas change as new skills come
to the front of the demand list. Engineers are always
needed in Australia. For any occupation you need
evidence of qualifications or trade skills training,
evidence of work experience, evidence that you have a
good command of the English language if you come from a
country not speaking English as a native language.
Partner and
same-sex partner visas are more liberal than in the past
– providing your relationship is genuine, and has a
substantial history of documented evidence to prove you
are in a stable and long-lasting partnership. For New
Zealanders resident in Australia, they can sponsor a
partner for a Temporary 461 visa, valid for 5 years
only.
Employer-sponsored
working
visas, for permanent migration, also changed in 2012.
They allow for older, senior employees and managers to
apply for a permanent visa if they have already
established residence here on a temporary 457 Visa.
These are
all visas we routinely handle.
Before
proceeding with a visa application or a program of
skills assessment, or State Nomination, or any other
process to do with your move to Australia, please check
government and local information thoroughly. Or contact
me directly for the most up-to-date news.
Mary Heath
February,
2013
21 Feb 2013
Updates for Visas known as "Other
Family Visas"
All the visas listed below have become
harder to obtain in recent months. They take longer to
process, and the proofs need to be stronger. Onshore
applications are slightly easier than offshore
applications. This is a warning.
Offshore:
Carer Visa, Subclass 116, permanent
This visa is for the application to an
overseas DIAC office for a migrant (their family can be
included) to come to Australia to look after their
family member in Australia who needs full-time and
continuous care due to a medical condition. The Sponsor
in Australia should live in the same household as the
invalid, and be no longer able to provide the full-time
care.
Aged Dependent Relative, Subclass
114, permanent
This visa is for elderly people living
overseas to join their family member in Australia who is
currently financially dependent on a family member in
Australia for most of their living costs.
Remaining Relative, Subclass 115,
permanent
This visa is for overseas residents to
join their brothers, sisters, or parents in Australia
who are their only near relatives. The Australian
relatives should be usually resident in Australia.
Onshore, in Australia
Carer Visa, Subclass 836, permanent
For people in Australia who are needed
to care for a family member who has a debilitating
medical condition, and needs continuous medical care.
The visa applicant must be in Australia at the time of
application, and hold a visa that permits further stay.
Aged Dependent Relative, Subclass
838, permanent
This visa is for aged people to apply
for a permanent visa to live in Australia with their
Australian relatives. The visa applicant must be in
Australia at the time of application, and hold a visa
that permits further stay. They must show that they are
substantially dependent on their Australian family
members for most, if not all of their living costs.
Remaining Relative Visa, Subclass
835, permanent
This visa is for people already in
Australia to remain permanently with their brothers,
sisters or parents who are their only near relatives.
The relative(s) should be Australian permanent residents
or citizens.
- 27 Sept 2012
Investor Retirement visa, Subclass 405
BASIC INFORMATION
2012
How long will this
visa be valid for?
4 years.
Who can be included?
Only the visa applicant and partner (married or de
facto).
Is there an age
restriction?
The applicant must be 55 or older. The partner can be
any age.
Is there a
sponsorship required?
Yes. You must be sponsored by a State or Territory
government – this does not include the ACT.
Do I need family in
Australia to sponsor me?
No. Family cannot sponsor on this visa.
Can I bring my son
or daughter with me?
No family members can be included except your partner.
Your partner cannot bring any family members either.
Can I work at a
full-time job?
No. This visa is not for full-time employment.
But you (and your partner) can work up to 40 hours a
fortnight in Australia.
HEALTH REQUIREMENTS
For initial entry to Australia, you will be required
to meet health requirements – a medical examination
and X-rays.
If you are renewing your Subclass 405, you and your
partner may
be required to do the standard Medical Examinations
for overseas residents again, particularly if you have
travelled to any country where TB is of high
risk. This involves another full medical
examination, as listed above for initial entry.
You will require full health insurance while you are
in Australia.
CHARACTER
REQUIREMENTS
You will need a certificate of good character from
every country where you have lived for
more than 12 months in the last 10 years. This is
cumulatively, during the last 10 years.
ASSET REQUIREMENTS
Personal Assets – for your own use while you establish
yourself in Australia, buy a house, a car, etc.
- Personal assets for those living in a metro area of
Australia: A$750,000
- Personal assets for those living in a regional area
of Australia: A$500,000
Note: you must show that you have held your personal
assets for at least 2 years before you lodge this visa
application, unless they are part of Superannuation or
an inheritance, or both. You must show that you own
these assets – but it is not recommended that you sell
up before your visa is granted. The personal
assets listed here are separate from the Designated
Assets listed below.
INCOME REQUIREMENTS
- Minimum Net Income for those moving to a metro area
of Australia: A$65,000.
- Minimum Net Income for those moving to a regional
area: A$50,000.
This can come from pension rights, for example, or
from your work in Australia. You will need to show how
this income can be earned.
DESIGNATED INVESTMENT
– this is separate from the 'Assets' listed
above.
The Designated Investment is deposited with the State
Government in the State where you plan to live,
and must remain there for the full 4 years of your
visa validity. For Western Australia, this is the
Western Australian Treasury Corporation.
- You must be able to make a designated
investment of A$750,000 deposited in your name, or
your name and your partner's name, in the State
or Territory where you are sponsored. This is for
metro area residence.
- If you intend to settle in a regional area:
A$500.000.
***
When you apply for the Investor Retirement visa, you
will be asked to fill out a Summary Sheet to clarify
where these different amounts are to be sourced from.
The Summary Sheet should list your assets and
liabilities on a single day in the
three months preceding your application, and should
identify which assets are to be used for:
a) Personal Assets – for your own use while you
settle in Australia.
b) Generate an Annual Income.
c) Fund the Designated Investment with the appropriate
State Government.
New Zealand Family Member (Temporary) Visa,
Subclass 461
- 26 Sept 2012
This is a visa for the family members (not citizens of
New Zealand or Australia) of New Zealand
citizens who currently live here on a Subclass 444,
the New Zealand Special Category Visa.
How long does it
last?
The Subclass 461 Visa lasts for up to 5 years. It is a
temporary visa, but can be renewed if you maintain
residency in Australia (at least 2 of the last 5
years), do not become the member of another family and
you continue to meet health and character
requirements. If you apply inside Australia, you must
be in Australia for the grant. If you are currently
outside Australia, you can apply for the Subclass 461
renewal if you held this visa when you left – but you
must be outside for the visa grant.
When you travel to Australia to take up your residence
here, you must be accompanied by your sponsoring
family member (on a Subclass 444), unless they are
already in Australia.
What relationships
count as ‘Family’?
You must be related as a:
a) Partner, either married or de facto.
b) The dependent child of the NZ visa applicant
or their NZ Subclass 444 holder partner.
c) A dependent child of b).
d) A relative of the New Zealander who holds the
Subclass 444, or the Subclass 461 applicant:
- Their dependent child, or their partner's
dependent child.
- A dependent child of a dependent child.
- Another relative of the Special Category
Visa holder who meets all of the following:
Financially dependent, usually lives in the
Special Category Holders household, is widowed,
divorced, separated, never married or been in a de
facto relationship.
How long does it
take to grant this visa?
A problem-free application takes 2–3 months, depending
whether the applicant comes from a High or Low risk
country, and if they are in Australia or overseas at
time of application. A Low risk country is an
ETA eligible country. Complicating factors such as
health problems or a criminal record will slow down
application processing.
Costs – lodged while the applicant is offshore, or
onshore in Australia: $280.00
Graduate Skilled
Temporary Visa, Subclass 485
- 29
July 2012 & updated 17 Jan 2013
This is a temporary visa for overseas
students who have recently graduated from
University or other training in Australia. You
must apply within 6 months of completing your
course, it must be an eligible course for
migration purposes, and you must have studied at
least 2 years.
The Subclass 485 gives an 18 month
opportunity to improve GSM points, or find an
employer for an Employer Sponsored Visa.
If you do not intend to continue your
stay in Australia with one of the above visas, you
can also travel here, work, improve your English
language skills, or complete a a professional year
– see below for more information on Professional
Years.
To apply for this visa you must:
-
Have a skill on one of the most
recent Skilled Occupation lists: http://www.immi.gov.au/skilled/sol/.
-
Be under 50 years of age.
-
In the last 6 months have completed
studies at a recognised institution in a
subject that will qualify you for one of the
occupations on the Skilled Occupation lists.
- Be inside Australia at the time
of application and when the visa is decided.
This applies to the primary applicant and all
secondary family members.
There are other requirements:
1)
English Language Ability. You must pass the IELTS
test of English with a minimum score of 6.0 on
EACH of the four units of reading, writing,
understanding and speaking at General level. This
is Competent English. IELTS results are now valid
for 3 years – so must carry a date of no more than
3 years ago when you apply for the Subclass 485.
You do not need to take the IELTS test
if you hold a current passport from the UK, Ireland,
Canada, USA or New Zealand.
If your occupation requires a higher
level of English for Skills Assessment, then you must take the IELTS at the correct
level and pass with the required points. For
example, nursing requires Academic Level English.
2) You must
have lodged your application for Skills Assessment
BEFORE you apply for your Subclass 485 visa. Check the
lists on http://www.immi.gov.au/skilled/sol/ for
information on where to apply for your particular
skill.
You will need the lodgement acknowledgment receipt to
send in with the Subclass 485 application.
You will need to supply to DIAC all the evidence of
studies and qualifications that you sent to the
Skills Assessors.
For grant of the Subclass 485, you must have received
the APPROVAL of the Skills Assessment. Apply for
Skills Assessment before lodgement, get approval
before DIAC grants.
3)
Health and Character Assessments.
4) For a
complete list of all required documents and forms, see
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/485_checklist.pd
Some questions – and answers
Q) Once I have applied for my Subclass 485
visa, what happens?
A) Providing you have submitted in time and there
are no omissions in your application, or indeed
other major problems, you will be granted a Bridging
Visa A. As you are now no longer studying, you will
be permitted full-time work
and allowed to remain in Australia until the
decision on your Subclass 485.
Q) What does the Subclass 485 cost?
A) The charge is A$325, inside Australia or
overseas.
Q) Is there a points test for this visa?
A) No.
Q) What is a Professional Year – and what
are the advantages of doing it?
A) A Professional Year is employment in particular
skilled occupations where you work in one of the
specified occupations, and also undertake
professional training in Computer Skills,
Accountancy or Engineering at Professional Year
specified courses. See:
http://www.immi.gov.au/skilled/general-skilled-migration/professional-year.htm
The other advantage is that a professional year in
one of the above occupations, with study in one of
the approved courses, gives 5 points extra for the
GSM Visa points test.
Changes expected in
early 2013
- The current Temporary Graduate Visa 485 will be
renamed "Temporary Graduate (Subclass 485) Visa."
There will be a new stream: Post-Study Work
Stream. They will be called the 2 Streams of the
Subclass 485 visa.
- Students will be able to apply either through
the Graduate Work Stream, or the new Post-Study
Work stream – depending on their circumstances.
What the two streams of the Subclass
485 will have in common:
-
Completed a
single qualification or multiple
qualifications adding up to at least 16 months
study (92 weeks).
-
Completed their
studies within the last 6 months before making
a Scl 485 application.
-
A course is
completed when the educational institution
notifies the student that they have
successfully completed their course by either
letter, publication in a newspaper or the
internet, email, or bulletin board at the
institution. This is not to be confused with
the conferral of the award, which usually
takes place at a public ceremony.
The new Post-Study Work Stream
Courses must be:
CRICOS Registered, completed successfully,
resulting in an eligible qualification, all
instruction in English, completed while the
student attended in person in Australia while on a
Student Visa, and each course can be counted once
only.
To apply under the
new Post-Study work stream, courses must be at
degree level: Bachelor, Bachelor with honours,
Masters by coursework or extended degree, Masters
by research, Doctoral Degree.
(Diplomas or trade
qualifications are not considered.)
-
When applying,
the applicant does not need to nominate an
Occupation on the Skilled Occupation List.
-
How long will
the Post-Study Stream Visa be valid for?
-
Graduates will
be eligible for a 2 year post-study visa
work if they completed a Bachelor Degree,
Masters by Course-work, or Masters
(extended) degree in Australia.
-
Graduates who
completed a Masters by research or a
Doctoral degree in Australia will be
eligible for a 3 or 4 year work visa,
respectively.
Parent Visa Applications
9 July 2012, updated 17 Jan 2013
A Parent visa is for the parents of an Australian
citizen, or someone established in Australia on a
permanent visa, or for a New Zealand citizen settled
in Australia and eligible to sponsor a parent. Having
a child in Australia who qualifies to sponsor is a
basic requirement.
There is a range of visas in this class, and while
parents do not have to prove qualifications or work
experience, these visas are complex and some have very
long grant times – upward of 10 years.
Note: while
these visas may have a long waiting period before
grant, applicants in Australia on a Bridging Visa A
will not be granted permission to work.
These are the basic requirements:
1) You must have more children who are permanently
resident or citizens of Australia than living
overseas. If you are a couple planning to retire here,
this will include all the children of both partners.
For example, if either of you have been married
previously or are in a de facto relationship with
previous relationships behind you, ‘children’ must
include all children of both partners.
This requirement is further complicated by adopted
children, custody, whether your children
overseas are scattered, or all live in the same
country.
2) Your sponsoring son or daughter must have an income
of at least A$41,000 and be settled in Australia –
this means living here for at least the last 2 years
on a permanent visa, or holding citizenship, or be a
New Zealand citizen eligible to sponsor. If
Australian born, the sponsor will be asked to provide
their birth certificate.
3) Meet health requirements. For older people, this is
a consideration that must be taken seriously. If the
visa has a long waiting period, health will be
assessed when the visa is coming due for grant. This
may be a considerable time after application.
4) If you are applying in Australia for an “Onshore
Parent Visa” which can be granted faster, the
main applicant must be over 65 for men, and older than
an age between 60 & 65 for women, depending on
their date of birth. There is a sliding scale
for women.
5) An Assurance of Support Bond is required for all
applicants when other criteria have been met, and the
visa is ready to grant. The Bond is currently A$10,000
and in addition, $5000 for a second adult. Applicants
under 18 do not require a Bond.
After 10 years, if not drawn down for welfare
services, the Bond will be repaid. It is managed by
Centrelink, through the Commonwealth Bank of
Australia. Interest is paid on the deposit.
Who can be included?
1) Both partners of a spousal or de facto
relationship. Or just one person, as appropriate.
2) Children under 18 of either partner.
3) It may be possible to include other family members
who are financially dependent on the primary
applicant, and live with the family. For example, an
elderly sister of the primary applicant.
Available Parent Visas, and the differences
Parent permanent
visa, Subclass 103. No contributory financial
requirement. Requirements:
a) Parents and young children (if part of the
migrating family) can be either in Australia or
overseas for lodgement. Must be overseas for grant.
b) Age – no requirement
c) Assurance of Support required for 2 years. The bond
is A$5000 for the primary applicant, and for a second
adult it is $2000. Applicants under 18 do not require
a bond.
d) Visa validity – permanent, and can lead to
citizenship.
e) Standard 1st & 2nd visa application charges.
These visa charges are both under A$2100 at the time
of writing, 07.12. There is also a 2nd visa
application charge for applicants under 18
included in the application: $1795
f) Medical examinations are required before grant.
g) Estimate of grant time: Very long. 10 – 15 years,
depending on demand.
Aged permanent
Parent, Subclass 804. No contributory
financial requirement. Requirements:
a) Main applicant must be in Australia for visa
lodgement and for visa grant. It's possible to leave
for brief periods to attend to matters overseas, but
the applicants must be back in Australia for visa
grant. Other family and young children (if part of the
migrating family) can be included.
b) Main applicant must be 'aged'. For men or women
this is over 65, or for women a younger age is
possible as the scale for their age is rising to meet
the 65 years in 1.01.2014.
c) Assurance of Support required for 2 years.
The bond is A$5000 for the primary applicant, and for
a second adult it is $2000. Applicants under 18 do not
require a bond.
d) Visa validity – permanent, and can lead to
citizenship.
e) Standard 1st & 2nd visa application charges.
These visa charges are both under A$3100 at the time
of writing, 07.12. There is also a 2nd visa
application charge for applicants under 18
included in the visa application: $1795
f) Medical examinations are required
at time of lodgement, and before grant.
g) Estimate of grant time: Very long 10 –
15 years, depending on demand.
Contributory Parent,
Subclass 143. Requirements:
a) Main applicant can be in Australia or offshore for
lodgement and grant, if already holding the Subclass
173 (temporary visa). If this visa is applied
for on its own, applicants can apply while in
Australia, but must be overseas for the grant. Other
family and young children (if part of the migrating
family) can be included.
b) No age requirement.
c) Assurance of Support Bond is required for 10 years.
$10,000 is required for the primary applicant, and for
an adult secondary applicant A$5000. Applicants under
18 do not require a bond.
d) Visa validity – permanent, and can lead to
citizenship.
e) Visa 1st Instalment A$2060 at time of application,
A$42,220 Contributory Amount. 2nd instalment,
applicants under 18, A$1825.00. These figures
correct for 01.13.
f) Medical examinations are required before grant.
g) Estimate of grant time: 12 – 13 months.
Two Stage Contributory Parent Visas, Temporary
& Permanent.
The advantage of the two-stage visas is that the
contributory amount can be paid in two parts.
Contributory Parent
Temporary Visa, Subclass 173
a) Main applicant must be in Australia for lodgement
and grant. Other family and young children (if part of
the migrating family) can be included.
b) There is no age requirement.
b) An Assurance of Support is not required for the
Temporary visa.
c) This visa is valid for 2 years only.
d) 1st Instalment application charge is
$2060.00, 2nd Instalment before grant is $25,330
and children are $1825.00. Charges correct for
01.13
e) Medicals are required at time of grant.
f) Estimated grant time: 12 – 13 months.
Contributory Parent
143, for those already on a Subclass 173.
a) Main applicant must be in Australia for lodgement
and grant. Other family and young children (if part of
the migrating family) can be included.
b) There is no age requirement.
c) Assurance of Support Bond is required for 10 years.
$10,000 is required for the primary applicant, and for
an adult secondary applicant A$5000. Applicants under
18 do not require a bond.
d) This is a permanent visa.
e) 1st Instalment application charge is $280 and 2nd
Instalment is $16,885. Charges correct for 23.01.13.
Children under 18 - free.
f) Medicals are required before visa grant.
g) Estimated grant time: 12 – 13 months.
Contributory Aged-Parent Visas for Lodgement in
Australia only. The ‘Onshore’ visas.
Contributory Aged
Parent Visa 864
a) Main applicant must be in Australia for lodgement
and grant. Other family and young children (if part of
the migrating family) can be included.
b) Main applicant must be 'aged'. For men or women
this is over 65, or for women a younger age is
possible as the scale for their age is rising to meet
the 65 years in 1.01.2014.
c) Assurance of Support Bond is required for 10 years.
$10,000 is required for the primary applicant, and for
an adult secondary applicant A$5000. Applicants under
18 do not require a bond.
d) This is a permanent visa.
e) Visa 1st Instalment A$3060 at time of application,
A$42,220 contributory amount. 2nd instalment for
applicants under 18, A$1825.00. These figures
correct for 01.13.
f) Medicals are required before visa grant.
g) Estimated grant time: 5 months.
Two Stage Contributory Aged-Parent Visas,
Temporary & Permanent.
The advantage of the two-stage visas is that the
Contributory amount can be paid in two parts.
1. Contributory
Aged Parent Temporary Visa, Subclass 884.
a) Main applicant must be in Australia for lodgement
and grant. Other family and young children (if part of
the migrating family) can be included.
b) Main applicant must be 'aged'. For men
or women this is over 65, or for women a younger
age is possible as the scale for their age is rising
to meet the 65 years in 1.01.2014.
c) An Assurance of Support is not required for the
Temporary visa.
d) This visa is valid for 2 years only.
e) 1st Instalment application charge is
$3060.00, 2nd Instalment before grant is $25,330
and children are $1825.00. Charges correct for
01.13
f) Medical examinations are required before grant.
g) Estimated grant time: 5 months.
2. Contributory
Aged-Parent (Residence) 864 for applicants already
on a Subclass 884.
a) Main applicant must be in Australia for
lodgement and grant. Other family and young children
(if part of the migrating family) can be
included.
b) Main applicant must be 'aged'. For men or
women this is over 65, or for women a younger age is
possible as the scale for their age is rising to meet
the 65 years in 1.01.2014.
c) Assurance of Support Bond is required for 10 years.
$10,000 is required for the primary applicant, and for
an adult secondary applicant A$5000. Applicants under
18 do not require a bond.
d) This is a permanent visa.
e) 1st Instalment application charge is $280 and 2nd
Instalment is $16,885. Charges correct for 01.13.
Children under 18 - free. These charges are correct for applicants
already on a Subclass 884.
f) Medical examinations are required before grant.
g) Estimated grant times: 5 months.
SkillSelect – New Visas available for Skilled
Workers after 1st July, 2012.
Note: These are new visas, recently
announced. The Department of Immigration and
Citizenship notes there may be changes.
There are 5 new visas available for application,
which replace several visas in the existing program.
You can lodge an interest in more than one migration
program, and register for an interest to be sponsored
by an employer. Further information about this, and
clarification will be announced by DIAC before 1.07.12
1. Subclass 189,
Skilled Independent Permanent visa, (Class SI)
This visa replaces the Subclass 175 Independent
Skilled Migration Visa and the Subclass 885 Skilled –
Independent (Residence) Visa. You can apply either
inside Australia or overseas, but there is no Bridging
Visa provision. New points test announced on 15.06.12
for new applications: this visa now has a requirement
of only 60 points.
2. Subclass 190,
Skilled State or Territory Sponsored Visa (Class SK)
This visa replaces the State or Territory Sponsored
Subclass 176 Visa and the Skilled – Sponsored
(Residence) visa (subclass 886). You can apply either
inside Australia or overseas, but there is no Bridging
Visa provision. New points test announced on 15.06.12
for new applications: this visa now has a requirement
of only 60 points.
3. Subclass 186,
Employer Nomination Migration Visa, (Class EN)
This new visa for employer sponsorship includes
Subclasses 121 & 856. It can be applied for
outside Australia or by current holders of a Subclass
457 Temporary Employer Visa who have been employed in
Australia for at least 2 years or by those who already
hold a Skills Assessment.
4. Subclass 187,
Regional Employer Sponsored Migration Visa (Class
RN)
This visa replaces the onshore and offshore Regional
visas, Subclasses 119 & 857. Visa applicants can
be apply in Australia or overseas, employed by
employers outside the metro Areas of Brisbane, the
Gold Coast, Sydney, Newcastle, Wollongong and
Melbourne. Note: Western Australia, including Perth,
is all classed as ‘Regional.’ Subclass 457 visa
holders who meet requirements for this visa can also
apply.
5. Subclass 489
Provisional Visa – Sponsored by Family, or State or
Territory Nominated (Class SP)
This Provisional Visa, valid only 4 years, replaces
Subclasses 475 and 487. You must apply for one of the
permanent visas before your Subclass 489
expires. New points test announced on 15.06.12
for new applications: this visa now has a requirement
of only 60 points.
As for the Subclass 457 Visa (Class UC), expressions
of Interest can be lodged by visa applicants on the
SkillSelect system.
Note about points
tested visas: the points score will be
evaluated at the time of invitation on the Skills
Select System, when you receive the Invitation Notice.
Not at the time of application or decision on the
visa.
Subclass 885, 886 & 487 visas will remain open for
application until 1st January, 2013. Subclass 175, 176
and 475 will be closed for new applications on 1st
July 2012.
***
1. Skilled, Independent Permanent Visa, Subclass
189
Note: This is a new visa, available for
application after 1st July, 2012.
Skills Select Online,
for application after 1st July, 2012
Visa applicants must first lodge an Expression of
Interest (EOI) application, online. There is no charge
for this. If selected, they can then lodge their visa
application.
The Skilled, Independent Permanent Visa Subclass 189
replaces the previous permanent visa Subclass
175. This visa is independent, without
sponsorship required. To apply, applicants must
have high points on the Points Test.
You can be in Australia or overseas at time of
application for the EOI or the visa application
lodgement. But there is no Bridging Visa granted for
this application to keep you resident in
Australia.
You can express interest in a range of skilled
migration programs in one EOI.
Who can apply for
this visa? The Primary Applicant must have:
- Applicants can apply who meet the skilled points
test. After July 2012 the points test for
this visa is 60 points. This is a change.
http://www.immi.gov.au/skilled/general-skilled-migration/points-test.htm
- Applicants must be under 50 years of age.
- The Occupation must be listed on the relevant
Skilled Occupations List. Be aware that these
lists change, and it is necessary to check you
have the most recent:
http://www.immi.gov.au/skilled/_pdf/sol-schedule1.pdf
- Applicants must already hold a Skills Assessment
for their occupation when they apply for the
Skills Select process.
- English language is required to Competent Level
(at least 6 on each unit of the IELTS test) for
the primary applicant. But of course if you
need a higher IELTS score for more points, you
must have a higher IELTS certificate.
- Other requirements are health and character
tests for all visa applicants. These will be
required later, once the visa application has been
accepted by the EOI system. But if you think you
or a family member included in your application
may have a listed health problem or a police
record of interest to the Department of
Immigration and Citizenship, then it is wise to
check this early. Check Health on:
http://www.immi.gov.au/allforms/health-equirements/
Check Criminal Records on
http://www.immi.gov.au/allforms/character-requirements/.
- Applicants must receive an invitation to apply
from the Skills Select system. Then they are
invited to put in their application for the visa.
- Applicants cannot apply for the Skills Select
system (EOI) by paper. This is an online
application only.
- Your EOI will be removed after two years if it
has not been accepted. During these two years you
can update any of your details if your
circumstances change. For example, if your IELTS
results improve as you learn better English. This
should change your ranking, and maybe you will be
accepted at the next selection.
Some questions, and answers:
1) Can I find out
how I ranked on the EOI system last time I
applied?
No, unfortunately not. You will be
able to view your points score, but not your
rank position.
2) I will have to
pay for my Skills Assessment and my IELTS test. If
my EOI is refused, will DIAC refund my money?
No, unfortunately not.
3) Transitional
Arrangements for Overseas Students. These can be
accessed at
http://www.immi.gov.au/students/news/2010/international-students.htm.
***
2. Skilled, State or Territory Nominated
Permanent Visa, Subclass 190
Note: This is a new visa, available for
application after 1st July, 2012. The Department of
Immigration and Citizenship notes there may be changes
between 2.04.12 and 1.07.12
Skills Select Online,
for application after 1st July, 2012
State or Territory
Sponsored:
This means that one of the Australian States or
Territories will sponsor (Nominate) the visa applicant
(family can be included) for a full-time position in a
Nominated Occupation (on the State's list for this
visa). The occupation should be in a skill that is
hard to fill from the local Australian labour force,
and particularly needed in that district of
Australia.
This visa replaces the Subclass 176, State Sponsored
Visa. You can be in Australia or overseas at
time of application for the EOI or the visa
application lodgement.
Who can apply for
this visa?
- Applicants who can meet the skilled points test.
The new points test for this application will be
60 points.
- Applicants who are nominated from the State or
Territory list of required occupations in that
State or Territory. This must be done prior to
application to the Skills Select process.
- Applicants must be under 50 years of age.
- Applicants must already hold a Skills Assessment
for their occupation when they apply for the
Skills Select process.
- English language is required to Competent Level
(at least 6 on each unit of the IELTS test) for
the primary applicant. But of course if you
need a higher IELTS score for more points, you
must have a higher IELTS certificate.
- Other requirements are Health and Character
tests for all visa applicants.
- Applicants must receive an invitation to apply
from the Skills Select system. Then they are
invited to put in their application for the visa.
State Sponsoring Offices:
Western Australia:
http://www.migration.wa.gov.au/Pages/LivingInWesternAustralia.aspx
South Australia:
http://www.migration.sa.gov.au/sa/immigrate_from_overseas/state_migration_plan_south_australia.jsp
Queensland:
http://www.workliveplay.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=3703
Australian Capital Territory (ACT) :
http://www.business.act.gov.au/__data/assets/pdf_file/0019/208081/SMP_Occupation_Feb_2012.pdf
New South Wales:
http://www.business.nsw.gov.au/__data/assets/pdf_file/0010/5788/STNI-Update-List-of-Occupations-22.09.11.pdf
Northern Territory:
http://www.migration.nt.gov.au/documents/SMP_Shortage_List_FA.pdf
Tasmania: http://www.acacia-au.com/ss_tas.php
Victoria:
http://www.liveinvictoria.vic.gov.au/__data/assets/pdf_file/0020/225920/State-Sponsorship-Occupation-List-for-Victoria-Mar-2012.pdf
NB: These applications may change before 1st
July 2012. The Subclass 190 is a new visa and
still in development.
Correct as of 4.04.12
***
3. Skilled, State or Territory Nominated or
Family Sponsored, Provisional Visa Subclass 489
Note: This is a new visa, available for
application after 1st July, 2012. The Department of
Immigration and Citizenship notes there may be changes
between 2.04.12 and 1.07.12
The Subclass 489 visa
will replace Provisional Subclasses 475 & 487
after 1st July, 2012 for application through the
Skills Select Online portal. Applicant must live and
work in a Specified Regional Area of Australia on
this visa.
Provisional
- this means the visa is valid for up to 4 years only.
Before the end of the provisional visa the applicant
should apply for another visa or prepare to leave
Australia.
State or Territory
Nominated:
One of the Australian States or Territories will
sponsor (nominate) the visa applicant (family can be
included) for a full-time position in a Nominated
Occupation (on the State's list for this visa). The
occupation should be in a skill that is hard to fill
from the local Australian labour force, and
particularly needed in that district of
Australia.
If you are Nominated by a State or Territory, you must
live in the correct area -
http://www.immi.gov.au/skilled/general-skilled-migration/regional-growth.htm
See the list of State or Territory offices below.
Or Family Sponsored:
A sponsor must be at least 18 years of age and
resident in Australia as one of the following:
* an Australian citizen or
permanent resident
* an eligible New Zealand citizen.
You or your partner must be related to your sponsor
as:
* a child – including a step-child,
or
* a parent – including a
step-parent, or
* a brother or sister – including
adoptive or step-sibling, or
* a niece or nephew – including
adoptive or step-niece or nephew, or
* an aunt or uncle – including
adoptive or step-aunt or uncle, or
* a grandparent or first cousin.
Your family sponsor must be usually living in a
designated area of Australia at the time of the
sponsorship. See:
http://www.immi.gov.au/skilled/general-skilled-migration/designated-areas.htm
When this comes into effect, it will be the only GSM
Visa that is available for family sponsorship in a
designated area. New migrants must also live in
the designated area. See list of documents below,
excluding the State or Territory Nomination.
Who can apply for
this visa - State or Territory Nominated?
- Applicants who are nominated from the State or
Territory list of required occupations in that
State or Territory. This must be done prior to
application to the Skills Select process. See the
list of States and Territories below.
- Hold a valid Skills Assessment. Applicants must
already hold a Skills Assessment for their
occupation when they apply for the Skills Select
process.
- Applicants who can meet the skilled points test.
This will be 60 points after July 2012. The
difference is that points will be assessed at time
of invitation after the Skills Select submission.
At the time of writing we do not have information
about how long it will take for invitations to be
issued after initial submission.
- Applicants must be under 50 years of age.
- English language is required to Competent Level
(at least 6 on each unit of the IELTS test) for
the primary applicant. But of course if you
need a higher IELTS score for more points, you
must have a higher IELTS certificate.
- Immediate family members can be included.
- Other requirements are health checks all visa
applicants and character checks for those over 18.
- Applicants must receive an invitation to apply
from the Skills Select system. Then they are
invited to put in their application for the visa.
State Sponsoring/Nominating Offices for Specified
Regional areas of Australia:
Western Australia:
http://www.migration.wa.gov.au/Pages/LivingInWesternAustralia.aspx
South Australia:
http://www.migration.sa.gov.au/sa/immigrate_from_overseas/state_migration_plan_south_australia.jsp
Queensland:
http://www.workliveplay.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=3703
Australian Capital Territory (ACT) :
http://www.business.act.gov.au/__data/assets/pdf_file/0019/208081/SMP_Occupation_Feb_2012.pdf
New South Wales:
http://www.business.nsw.gov.au/__data/assets/pdf_file/0010/5788/STNI-Update-List-of-Occupations-22.09.11.pdf
Northern Territory:
http://www.migration.nt.gov.au/documents/SMP_Shortage_List_FA.pdf
Tasmania: http://www.acacia-au.com/ss_tas.php
Victoria:
http://www.liveinvictoria.vic.gov.au/__data/assets/pdf_file/0020/225920/State-Sponsorship-Occupation-List-for-Victoria-Mar-2012.pdf
Subclass 887,
Permanent Residence Visa.
The Subclass 489 provisional visa is a "pathway" to
permanent residence on the Subclass 887 Regional
Visa.
To be granted the permanent visa Subclass 887, you
must have lived for at least two years and worked full
time for a total of 12 months in a Specified Regional
Area of Australia before lodging your visa
application. These are the current (April 2012)
transitional application requirements for
Provisional Visa 489 holders who wish to
apply for permanent residence.
NB: These applications may change before 1st
July 2012. The Subclass 489 is a new visa and
still in development.
Correct as of 18.06.12
***
4. Employer Nomination Migration Visa,
Subclass 186
Note: This is a new visa, available for
application after 1st July, 2012. The Department
of Immigration and Citizenship notes there may be
changes between 2.04.12 and 1.07.12
Skills Select
Online, for application after 1st July, 2012
Employer
Sponsored:
This means that an employer offers the visa
applicant (family can be included) a full-time
position in a Nominated Occupation (on the list
for this visa). The occupation should be in a
skill that is hard to fill from the local
Australian labour force.
From July 1st, 2012, two previous visa
categories will be included in the new Subclass
186. These are the Employer Nomination
Scheme Subclasses 121 & 856, and permanent
Labour Agreements Visas 120 & 855. You can
apply for this visa either inside Australia or
offshore.
Who can apply for
this visa?
- Temporary skilled overseas holders of
Subclass 457 visas already in Australia, who
meet eligibility requirements for the new
Subclass 186.
- Applicants who are highly skilled can apply
from overseas or within Australia without
previous applications. The Subclass 186 is a
permanent visa.
There are three entry streams (or ways to apply
for this visa)
1) Visa holders of Subclass 457 Temporary Employer
Sponsored visas who have worked for their employer
for at least 2 years. Their current employer
can sponsor them for the permanent Subclass 186.
This is called 'Temporary
Residence Transition'.
2) Visa applicants, either in Australia or
overseas, who have not previously held a working
visa for Australia. "Working Visa" includes
Subclass 457 visas.
3) Labour Agreement visa applicants who are
sponsored by employers through a negotiated Labour
or Regional Migration Agreement. Employers will
inform visa applicants about these specialised
Agreement arrangements.
Other 400 series visa holders (eg. Working
Holiday, Subclass 417) can apply for
Subclass 186 while onshore.
How do I find out
if my occupation is listed for Sponsorship?
After 1.07.12, there will be a new Consolidated
Sponsored Occupation List. The will replace the
previous 457, ENS and State Sponsored GSM lists.
Who can be an
employer sponsor for the Subclass 186 Visa?
- The aim of this sponsorship opportunity is
to assist regional area employers outside the
major Metro areas of Brisbane, the Gold Coast,
Sydney, Newcastle, Wollongong and Melbourne.
Note: Perth is not included in this list
– the whole of Western Australia is Regional.
- Employers must be based in a Regional Area
and meet the sponsorship requirements.
- Only for those visa applicants who do not
hold a Subclass 457 visa - Employers must gain
approval from the Regional Certifying Body in
the State where they operate. This must be
done before the visa application is lodged –
see above for RCBs.
- The employer must offer the visa applicant
the 'market rate' for the occupation. This
means the migrant will be paid the same as an
Australian employee in the same occupation
with the same skills and experience.
Information for
Visa applicants who do not have an employer -
yet
If you do not have an employer, but you need
one for the visa to be successful, you can still
lodge an Expression of Interest (EOI) under the
Skills Select system.
You will need to lodge for the EOI:
- Basic personal information (passport, birth
certificate etc).
- Nominated occupation.
- Work experience.
- Qualifications and education.
- Level of English, if English is not your
native language.
- Skills assessment.
- Business and Investment information, if
relevant.
Regional
Sponsored Migration Visas, Subclasses 856 &
857 and 119 & 121
If you already have an employer sponsorship for
these regional visas, you need not apply through
the Skills Select system. It's optional on these
applications.
There are also
changes coming in for the visa applicants'
requirements on:
- Age
- Skills and qualification exemptions
- English language requirements
- If you are changing from a Subclass 457 to a
Subclass 186, the regulations for family
remain largely the same. There are expected
changes for children now over 18 who were
included in a previous Subclass 457 visa.
This information is provided in the expectation
that there may be further changes in the
regulations before 1st July 2012, as the
Department of Immigration and Citizenship
fine-tunes the new system on their website at:
www.immi.gov.au/skillselect/index/visas . This
information is provided as a guide only.
***
5. Regional Employer Sponsored Migration Visa,
Subclass 187
Note: This is a new visa, available for
application after 1st July, 2012. The Department
of Immigration and Citizenship notes there may be
changes between 2.04.12 and 1.07.12
Skills Select
Online, for application after 1st July, 2012
Employer
Sponsored:
This means that an employer offers the visa
applicant (family can be included) a full-time
position in a Nominated Occupation (on the list
for this visa). The occupation should be in a
skill that is hard to fill from the local
Australian labour force.
Regional:
This is a permanent visa for Regional Employer
Sponsorship. The employer must be in a Regional
area of Australia and the position of employment
must be Regional also. It is necessary to apply to
the Regional Certifying Body (RCB) before the
sponsorship application to the Department of
Immigration and Citizenship. Check Regional Areas
and postcodes here for the Regional Certifying
Bodies (RCBs):
http://www.immi.gov.au/skills/regional-certifying-bodies.htm
Who can apply for
this visa?
- Temporary skilled overseas holders of
Subclass 457 visas already in Australia, who
meet eligibility requirements for the new
Subclass 187.
- Overseas applicants' visa, or who apply from
overseas without previous applications. The
Subclass 187 is a permanent visa.
There are two or three stages for the Subclass
187.
Who can be an
employer sponsor for the Subclass 187 Visa?
- The aim of this sponsorship opportunity is
to assist regional area employers outside the
major Metro areas of Brisbane, the Gold Coast,
Sydney, Newcastle, Wollongong and Melbourne.
Note: Perth is not included in this list
– the whole of Western Australia is Regional.
- Employers must be based in a Regional Area
and meet the sponsorship requirements.
- Only for those visa applicants who do not
hold a Subclass 457 visa - Employers must gain
approval from the Regional Certifying Body in
the State where they operate. This must be
done before the visa application is lodged –
see above for RCBs.
- The employer must offer the visa applicant
the 'market rate' for the occupation. This
means the migrant will be paid the same as an
Australian employee in the same occupation
with the same skills and experience.
Who can apply for
Subclass 187 Visa?
1) Applicants must be under 50 years of age at
time of visa application, unless they can apply
for an exemption. Exemptions are usually granted
because the visa applicant has specialised and
exceptional knowledge where an older person's
maturity is an advantage.
2) Satisfy the skill requirements for an
occupation in the ANZSCO Skill Assessments Level
1-3. Look up http://www.immi.gov.au/asri/ -
Australian Skills Recognition Information (ASRI) -
for your occupation skill level.
3) Meet the IELTS English requirement . For
an employer sponsored ENS visa this is currently
an International English Language Testing System
(IELTS) score of at least 5 for each of the four
test components (speaking, reading, listening and
writing). The IELTS test must have been undertaken
within 12 months of the day of lodging an
application. This may change before 1.07.12.
4) You and your family must satisfy all character
and health requirements for migration to
Australia.
Pathways for visa
applicants:
1) Apply in Australia while holding a valid
Subclass 457 Visa and meet the eligibility
requirements for the Subclass 187.
2) Apply in Australia or overseas for the Regional
Sponsored Migration Scheme (Subclass 187)
permanent visa. the Subclass 187 can be applied
for without previous sponsorship to
Australia.
Warning: these applications may change
before 1st July 2012. The Subclass 187 is a
new visa and still in development. Correct as of
2.04.12
Working Holiday Visas, 6 month work extensions
Subclass 417 & 462
There are exceptional circumstances that will allow an
extension of employment with a current employer, beyond
the permitted time of 6 months.
To apply for an extension, you must apply at least 2 weeks
before your current 6 months runs out with your current
employer. You can do this application with a new visa you
are submitting, as listed below, or just to keep you
longer in Australia to attend to some special matter
before you leave this country.
To apply for the Extension on Exceptional Circumstances,
you should provide evidence of one of the following
situations:
1) Your current employer is applying for you to remain
with them on a Subclass 457, Temporary Employer
Sponsored Visa. Put in your application for the work
extension with the visa application. Make sure it
gets to the processing DIAC department at least 2 weeks
before your visa expires.
2) You are applying for an Onshore Partner Visa, Subclass
820. You can apply for an extension to
continue working in your current job, particularly if you
work in a Regional area or have professional skills of
particular value to your employer. Make sure it gets to
the processing DIAC department at least 2 weeks before
your Working Holiday expires.
3) If you are performing emergency work while on your
Working Holiday Visa, you can request an extension.
This might be cleaning up after a major flood, earth-quake
or fire, helping to resettle people or provide other
emergency support
services.
4) If your current job requires you to stay for a few
weeks extra to complete specialised professional work,
such as legal work for an up-coming trial, medical work in
your field, where only you have the knowledge to provide
the correct
diagnosis and treatment, or you have specialised surgical
skills.
Exceptional Circumstances do not include:
1) Non-specialised or low-skilled work, for example
in retail or administration.
2) You have applied for a GSM visa, or any other type of
visa, that requires you to be offshore at the time
of grant.
Where to send:
If your request for an extension is associated with a new
visa application, then include with those documents.
For further information and an application form, please
contact
me.
Regional Sponsored
Migration Scheme, Permanent Visas,
Subclass 119/857
20 March 2012
The Regional Sponsored Migration Scheme (RSMS) Visas are
undergoing changes on 1.07.2012, as has been announced by
The Department of Immigration and Citizenship (DIAC) in
March. This is an article, not a comment
on the new system – the advantages and problems there will
be revealed after July. This posting outlines some of the
advantages of the present system over the endless delays
of General Skilled Migration applications. The RSMS visas
can be granted fast, within 2 months in Perth if the
paperwork is complete at time of a lodgement.
Some things to watch out for:
Visa Applicant and family
members
“Family members”
are closely related members of the visa applicant’s family
who normally live in the same house and are financially
dependent. They can be a partner, or children,
parents, and some other relatives that are unable to live
alone, and are financially dependent on the primary
applicant for food, accommodation, personal and household
expenses and medical costs. An elderly aunt, for
example.
Children over 18 are usually expected to be independent
(and cannot be included) unless they are financially
dependent, under 25, living at home and are full-time
students.
a) Make sure the visa applicant’s occupation is listed
correctly from the ANZSCO Code:
http://www.abs.gov.au/ausstats/abs@.nsf/dirclassmanualsbytitle/C07A8BA92C877FEACA2570AF003E7FA4?OpenDocument
Use the ANZSCO to check qualifications required and
duties. When you write up the Employment Contract for the
application, make sure listed duties from the ANZSCO Code
fit the visa applicant's previous work experience and
qualifications.
b) Check the visa applicant is in Skill Category 1 or 2,
or 3 for trade skills. Anyone with a skill of 4 –
for example ANZSCO 411611, Massage Therapist - cannot be
sponsored under the RSMS scheme, but may be listed for the
Temporary Employer Sponsored Visa, Subclass 457.
This is a different visa and a different application.
c) Health Requirements will be asked for from the primary
applicant and migrating family members, AND from any
close family member who is not travelling. It could
be a wife and youngest daughter who are remaining in
Bulgaria (for example) because the child has suspected TB.
Because they are close family they will require Health
Examinations. If the TB is confirmed, this will definitely
cause a problem for everyone's migration. Health
Examinations for migration are carried out overseas in
each country from selected medical centres and doctors,
called “Panel Doctors”. Check on the DIAC Home Page under
Contact Us on the right-hand side of the screen.
d) Police Clearances will be required from the primary
applicant and family members over 16, and non-migrating
family members dependent on the primary
applicant. Usually minor traffic
infringements, youthful problems with alcohol, mild drugs,
minor theft, small scale violence, etc, will still allow a
visa applicant the eventual grant of a visa. Prison
sentences may mean that a visa will not be granted.
Exemptions
There are some requirements for the Visa applicant where
an Exemption may be granted.
Age: At the
moment the upper age limit is 45, although this may rise
to 50, in line with the GSM visas after 1.07.12. At
the time of writing, if the primary applicant is over 45
they will need to submit a ‘Submission for exceptional
circumstances’. Exceptional circumstances on age can
usually be justified by noting that a person of mature age
is required by the Sponsor – to assist with training
younger staff, for example.
English Language ability:
Functional English is only required for this visa for the
primary applicant and family members over 18. This is a
low IELTS of 4.5 Overall Score. English language
requirements are expected to rise after 1.07.12.
Skill: A Skills
Assessment is not required for this visa at the moment,
although it may be brought in. However, the visa
applicant should be able to show relevant qualifications
and apprenticeships equivalent to an Australian Diploma.
An exemption can be made if it is shown that the visa
applicant has special skills as proven by very good work
experience records or other evidence of unique abilities
exactly fitted to the employer's requirements.
**********
Requirements for the
Sponsor – these listed points need to be checked on DIAC
before application. These
are guidelines.
1) Approval
by the Regional Certifying Body. Approval from
the RCB is step one, before the sponsorship or visa
applications are submitted to DIAC.
If your region is not listed for a Regional Certifying
Body, then you will have to apply for an Employer
Nominated Scheme Visa, the ENS, Subclass 856 or 121.
This is a different visa. The 'Regional Area' in
most States is outside the metropolitan area of the
State capital.
The RSMS application must first be approved by the
Regional Certifying Body for the region where the
sponsor has a business. Each State has RCBs, and
there are many. Look up under:
http://www.immi.gov.au/skills/regional-certifying-bodies.htm
For the application to the Regional Certifying Body,
evidence will also be required of training local staff and
taking on apprentices. Many of the documents listed below
will be required for the RCB as well as DIAC.
2) Employer Sponsorship
application to the Department of Immigration and
Citizenship – a Summery of documents required.
a) Lawfully operating a business in Australia, with full
registrations.
b) Evidence of financial ability to pay the visa applicant
a wage appropriate to their qualifications and
experience. A letter of support from the business’
Accountant, full financial evidence for the last 2 years
(Profit & Loss), Bank statements, evidence of
outstanding loans – etc.
c) Evidence that the vacant position has been widely
advertised in the State Newspapers, on
www.seek.com.au, and in trade or professional
magazines appropriate to the occupation required.
Widely advertised to give locally qualified people a
chance to apply.
d) A variety of other evidence that the sponsoring
business is actively trading: photographs of the business
premises; an Organisation Chart for current staff members;
evidence of why the business needs to take on this new
staff member (the visa applicant) to replace leaving staff
or to expand services; evidence of the general
trading profile for the business and who its main
customers are; plans for the business and how it expects
to grow in the future; advertising the services and
products of the business in sign boards outside the
premises, and advertising in local papers or trade
journals, or any other evidence of a lively business.
e) Fully itemised Contract of Employment for the visa
applicant. Make sure sickness benefits, holiday pay and
full payment details are listed.
This is the “Decision Ready Checklist”. It is designed for
Migration Agents, but anyone can benefit by following it,
and sending in to the Case Officer with the documents –
just don’t sign at the end or claim to be an Agent.
http://www.immi.gov.au/gateways/agents/pdf/ma-checklist-rsms-visa.pdf
**********
This explanation of the processes of applying for a
Regional Sponsored Migration Scheme visa is intended to
highlight some of the problem areas. It is not a
complete list of every document and all details required.
These can be further checked, and the forms downloaded, at
http://www.immi.gov.au/skilled/skilled-workers/rsms/
Subclass 651, eVisitor
Visa for Tourism or Specialist business
15 March 2012
The 651 visa has advantages for people with
specialist skills – not easily available within the
Australian workforce – who wish to come to Australia on a
temporary basis to attend extended conferences, assist
with specialist work or perform other duties on a
short-term business basis. An agricultural
specialist in hydroponic growing methods would be
suitable to apply, or someone with forefront information
in neonatal development who is coming to Australia to
speak at a conference or run a seminar for training in a
hospital.
Other normal holiday and tourist activities can be
included. But if a holiday is all you want, then apply for
the standard ETA.
Who can apply?
It is available to people with passports from the European
Union and from some other European countries only:
Andorra
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
The Netherlands
Norway
Poland
Portugal
Romania
Republic of San Marino
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
United Kingdom - British Citizen
Vatican City
How long is it valid for?
Like the standard ETA, the Subclass 651 is valid for 12
months, but the holder must leave Australia every 3
months because this is not a residence visa. Many
people leave for a short visit to Malaysia or Singapore
for a little shopping, or New Zealand for the scenery, or
join the holiday crowd in Bali. Then they can return to
Australia for the next three months.
Where must I be when I
apply?
You must be outside Australia.
What is the cost?
The Subclass 651 comes under the eVisitor class, and is
free.
Can I include family
members on my visa?
No. Each family member must have a separate visa,
even if they are a young child and included in your
passport. In practice, if family members accompany you to
Australia while you are on the Subclass 651, they should
apply for the ordinary ETA Subclass 976. That is unless
they also have specialist skills and plan to do business
here.
Can I extend my Subclass
651 if I want to stay in Australia?
No. But you may be able to apply in Australia for a
different visa, before the Subclass 651 expires, providing
you are eligible for the new visa.
Partner Visas for Australia
1 Jan 2012
The Partner Visas are part of the Family
Stream of immigration to Australia, and do not depend on
the migrant having any particular skill, not even
English language ability. This is a sponsored visa, and
the Australian sponsor must hold citizenship of
Australia or have a permanent visa.
As the Skilled Migration visas get harder,
with higher English Language requirements, better
evidence of skilled work experience and more points for
this and that, a Partner Visa is often the solution.
There is no Skills Assessment, no points assessment and
no looming Expression of Interest (EOI) applications.
The family sponsored visas are a wonderful alternative.
This is not to claim the application
requires no documentation, or that couples can claim a
‘genuine relationship’ after two weekends together and
evidence of a shared bank account, set up last week. A
genuine relationship must be established with extensive
evidence – more and better evidence if yours is a de
facto relationship than if you have a marriage
certificate. The Australian partner must be a citizen,
or a permanent resident who is usually resident in
Australia.
Same-Sex applications
At the present time, Australia does not
recognise a marriage for same-sex partners. They apply
under the de facto category. But a change in the
regulations can only be a matter of time – maybe 12 to
18 months? Although Australia does not officially
recognise same-sex marriages, if you have a Marriage
Certificate from an overseas country, or other document
of committed relationship, you can include this with
your visa application as good evidence of genuine
commitment.
Partner
visas, list of Subclasses
Offshore Visas –
when the visa applicant is overseas
Fiance or Prospective Marriage Visa,
Subclass 300
Provisional Partner Visa, Subclass 309
Permanent Partner Visa, Subclass 100
Onshore Visas
– when the visa applicant is in Australia
Provisional Partner Visa, Subclass 820
Permanent Partner Visa, Subclass 801
****
Offshore
Applications
Fiance
or Prospective Marriage Visa, Subclass 300
The visa
applicant must be outside
Australia when the application is lodged. The couple must have met each
other in person – Skype, telephone conferencing, etc are
not acceptable on their own. You need good evidence of
having spent time together, although the time need not
be more than a few weeks. This also applies to
'arranged' marriages that are common in some Eastern
countries. This is a 9 month visa
to allow the applicant to travel to Australia, get
married and then apply for the next Provisional Partner
Visa. If you do not marry your partner, the visa will
expire at the end of 9 months and you must leave
Australia. It is also worth noting that further onshore
applications in Australia are not easy.
Provisional
Partner Visa, Subclass 309
This visa is
lodged at an overseas Department of Immigration and
Citizenship (DIAC) office. For unmarried ‘de facto’
couples, you will require extensive evidence of a
sound relationship of at least 12 months living
together or evidence of keeping in touch while
unavoidably apart. For married couples, the evidence
of a relationship need only be over 6 months.
Permanent Partner Visa, Subclass 100
The
permanent partner visa is usually lodged in Australia
when the couple have been together at least 2 years.
But it is also possible to lodge the application
overseas if the couple has good evidence of a
continuing partner relationship.
Onshore Visas – when the visa applicant is
in Australia
(As mentioned above, the Prospective
Marriage Visa, Subclass 300, cannot be lodged if the
applicant is onshore in Australia.)
Provisional
Partner
visa,
Subclass 820
This application is similar to the Subclass
309 listed above. It can be for married couples, or de
facto. The same evidence is required – at least 12
months together if you are not married, but 6 months
evidence of relationship is enough for a married couple.
Permanent Partner visa, Subclass 801
This application is like the Subclass 100,
above. It is a simple application, with no DIAC charge,
essentially proving that you and your partner are still
together.
Citizenship
Once a permanent visa for Australia has
been granted, you can look ahead to citizenship if you
have the required residency. The residency requirement
is 4 years and can be made up of permanent residence and
some provisional residency on a Provisional Partner
Visa. The Citizenship Office counts the days. It is best
to check with them by phone on 131880.
****
Applications to DIAC offices
If your partner is overseas, and
you will be lodging an application outside
Australia, look up the correct office on:
www.immi.gov.au/contacts/overseas/
You need to check that your visa should go to this
office as some countries send applications to a
neighbouring country. For example, Partner Visa
applications to Japan are now processed in the
Australian Office in Shanghai, China.
For Partner Visa processing in
Australia, look up: http://www.immi.gov.au/contacts/australia/processing-centres/partner/
Perth, Sydney, Melbourne and Brisbane process
Provisional Partner Visas, Subclass 820.
Melbourne and Sydney process Permanent visas,
Subclass 801.
Where must I be when I lodge my
application, or when my visa is granted?
For Subclasses 300 & 309, which are
lodged outside Australia, you must also be outside
of Australia for visa grant. This does not
necessarily mean you have to be in the same country,
outside Australia. However if you do change country
during the processing of your visa, you should give
DIAC your new address, if you intend to stay there
until your visa is decided. For example, if you
apply while you are living in Malaysia, and then
move to Indonesia, you should let the Malaysian
office of DIAC know of your new address.
For Subclass 820, you must apply in
Australia and be resident in Australia for visa
grant. If you leave Australia while your visa is in
process, you should inform the DIAC office when you
expect to return.
For Subclass 801/100, Permanent Visas,
you can lodge inside Australia or overseas. There is
no regulation about where you must be for visa grant
either.
Documents to provide to prove
your committed relationship – particularly
important for de facto and same-sex partners.
This is not a complete checklist, as information can
be obtained online for things like Passports,
children’s documents and photographs. If we, as
Migration Agents, are handling your application, we
also provide a checklist, tailored to your special
situation as the sponsor and the visa applicant. The
following are important aspects of the evidence that
often get overlooked, particularly for same-sex and de
facto partners. 1)
The financial evidence of your partnership – this
does not apply to the same extent for Subclass 300
Prospective Marriage Visas, as you are not yet
married.
As partners in a committed relationship, you should be
sharing your financial arrangements so that both
partners are included. This is not to say that both
partners should be working to bring in an income. Just
that you both have access to the joint account and can
use it for payments, probably with credit cards. This
is the view of DIAC.
Suggestions for what you will need:
a) Bank accounts – shared – with both your names
listed. Of course not ALL your money needs to be
shared, but there needs to be some evidence of shared
finances.
b) Evidence that you live together. This can be
provided by
- A joint Rental Agreement form from the Estate
Agent. Both names listed.
- Evidence of sharing the household bills
together, eg one person pays the electricity
bills, the other pays the gas, but all bills come
to the same address.
- Evidence of other documents sent to you both at
the same address. Save the envelope with the date
and stamps on. Evidence of joint insurance – eg
the car.
- Evidence of joint purchases (Receipt in
both names) for your life together. There is a
very wide range here: Wedding rings receipt,
household furniture, kitchen equipment, sheets and
blankets. Planting a garden? Get the receipts in
both names. Buying a dog together? (A very
common purchase for a couple not immediately
planning a family.) Overseas travel, and
hotel accommodation receipts.
c) Evidence of letters and parcels sent to you both at
the same address. It is the joint address that is
important.
d) Evidence of seeing professionals together:
Visit to the doctor by the visa applicant, if in
Australia. Make sure the shared address is listed on
the Receipt. Of course if she is pregnant, that must
not be left out! Also a visit to a lawyer
together, for any reason, especially to make a joint
Will.
2) If you are
compelled to live apart, and yours is a Subclass
820, 309, 100 or 801 visa, then you should provide
evidence to support this.
For example, evidence that one partner is studying in
one country, and the other has demanding employment
somewhere else.
DIAC accepts that if you were legally married overseas,
then Australia will also regard that as a legal
marriage. In this case, you will need to file
the separation papers and have at least 12 months
separation before you start the application for Australia.
It will depend on your country of origin. Best to
have your Divorce papers completed before you apply for a
visa for the new partner. This applies to the Australian
sponsor too.
In countries where divorce is not accepted, you must
obtain a letter from a lawyer to confirm that you are free
of previous relationships.
Sponsor’s documents
4) If your partner is
bringing children from overseas included in their
Partner Visa application, the Australian sponsor will
need to provide an AFP Police Clearance certificate.
5) The Australian
Sponsor will need to provide good evidence of an income
and employment for the last two years.
If this is not the situation, your overseas partner may be
asked to provide evidence of earning capacity. Lastly,
DIAC can ask for a Discretionary Assurance of Support from
an Australian citizen, usually a family member of the
sponsor.
Note: this is not a complete list of required documents,
and does not include items like your passport and birth
certificate.
When the Sponsor may not be able to sponsor
If you have previously sponsored a partner, and the
application was successful, your new application may be
refused if:
a) You have previously sponsored two or more partners to
Australia (altogether). This includes situations where
your relationship broke down due to family violence, but
your partner was still able to remain in Australia and
obtain permanent residence.
b) You sponsored another partner within the last 5 years.
c) Were sponsored yourself during the last 5 years.
‘Exceptional circumstances’ may be applied for if you have
a child or children with the new partner (and you are
listed on their Birth Certificates as a parent) or if your
partner is pregnant. For pregnancy confirmation, you
need a letter from a doctor, who also lists you as a
parent.
NB: “partner” here includes prospective marriage partner.
Other Visa possibilities for Partners
It is possible to apply for your Provisional and Permanent
Partner visas at the same time, without 2 years on the
provisional visa in between. To do this you must
have been in relationship for at least 3 years or more, or
2 or more years where there are dependent children of the
relationship. When you lodge the application, draw the
DIAC officer’s attention to your long-term relationship
and request the permanent visa grant.
****
This information is correct at the time of writing, Jan 1,
2012. Information about visa applications and the
Australian regulations changes frequently. If you are not
sure about anything, please contact us, or the Department
of Immigration and Citizenship.
Perth is now included in Regional Western Australia.
Many new skilled occupations are included in the
new list.
- 21 Sept 2011
The Perth Metropolitan area is now included in the
Regional area for new applications for Subclass 857,
Regional Sponsored Migration Scheme visas. It is also
included as a Designated Area for Subclasses 475 and 487,
and for sponsorship by an eligible relative. However, State
sponsored Subclass 487 or 475 applicants must
live in a Regional area.
Is it retroactive? No, unfortunately not. If your
visa was already granted before 12th September 2011, you
cannot move to Perth metro area to live and work in the
city.
New State Occupations
List Western Australia 2011 – 2012
This list covers the State Sponsored Visa (SSV) Subclass
176 offshore Subclass 886 onshore in Australia. Also the
State Sponsored Provisional Visas, Subclass 475 offshore
and Subclass 487 for those applying while in Australia
(onshore).
All occupations are listed as ‘Available’ as of today,
21st September 2011.
There are seven new Managerial Occupations Listed,
reflecting WA’s growing economy:
ANZSCO 111111 Chief Executive Officer
ANZSCO 131112 Sales and Marketing Manager
ANZSCO 132211 Finance Manager
ANZSCO 132311 Human Resources Manager
ANZSCO 132411 Policy and Planning Manager
ANZSCO 133111 Construction Project Manager
ANZSCO 149914 Financial Institution Branch Manager
Many more new occupations are on their list. Altogether,
the September 2011 WA State Sponsored List has increased
to 181 occupations for sponsorship, up from 123
occupations in the July List.
To check further, look up:
www.migration.wa.gov.au/skilledmigration/Pages/Occupationsindemand.aspx
Temporary Employer Sponsored Visas, Subclass 457
- April, 2011
The temporary Subclass 457 is a hugely popular visa for
short-term migrant employment in Australia. It's
regarded as a pathway visa that allows a skilled person
to start work quickly and then move through to permanent
residency, and finally citizenship.
The pathway works like this: typically I have young
people coming to me who hold a Working Holiday Visa,
417. They have some training and previous work
experience: for example as a carpenter, a cook, or a
gardener. Their working holiday employer says they are a
good worker and offers to sponsor them for a 457 visa.
The visa isn't limited to trade skills, and is often
used for professional skills as well (see the long list
of eligible occupations below).
Other 457 applicants find an employer while they are
still in their home country. They look on
www.seek.com.au or in the on-line newspapers. Then they
contact the employer by email or for a Skype conference.
At this point the employers or the visa applicants
contact us to arrange the visa, often including the
whole family. A partner also has full-time work allowed
(for another employer) or they can attend college.
After two years working full time on the 457, providing
the applicants have the last 12 months with an employer
who wants them to stay, they can apply for an Employer
Nominated Permanent Visa, the 856. After another two
years, they are eligible to apply for citizenship of
Australia, providing they have met the residency
conditions.
It's always satisfying for me to see our clients become
citizens!
Some of the advantages of this visa:
These temporary visas are particularly good for workers
who need:
- A fast grant. If there are no problems, the 457s are
usually granted in a few weeks. Contrast that to
permanent visas that take anywhere from 6 months to
several years.
- No points tests! Generally, the 457 has lower
requirements.
- A visa for people who have good work experience but
are short on full qualifications.
- A visa for workers whose English language ability is
not good enough for an Independent Visa. Unless a
higher English level is required for the occupation,
most 457 visa applicants can successfully apply with
only 5.00 on the IELTS test at General level.
- A more flexible visa. The 457 can be applied for
while the applicant is overseas, and granted after
they arrive in Australia (while holding another visa,
for example an ETA). Or if the applicant for some
reason has to leave Australia after lodging their 457,
the visa can be granted offshore for them to return to
Australia on their new visa.
- The primary applicant can come to Australia ahead of
the family to start work, and their partner can remain
in the overseas country to pack up the house and bring
the children at the end of the school term. This does
apply to some other visas too.
- Partners and children can be added to this visa
after grant if the sponsoring employer is willing to
sponsor other family members too. The partner must
prove they are in a stable relationship with the
primary applicant.
For employers, the advantages of the Subclass 457s are:
- Their employee can start work in a few weeks.
- The employee can apply while overseas, then travel
to Australia to find accommodation and get settled on
a Business ETA Tourist Visa, Subclass 956. The
Subclass 457 can then be granted while the employee is
here, and all ready to start work.
- Compared with permanent visas, the Subclass 457
costs little.
- The Subclass 457 is a temporary visa. It allows
employers to see how their new employee performs
before they commit to a permanent arrangement on an
Employer Nominated Scheme visa Subclass 856, or the
Regional Employer Nominated Visa, 857.
A few disadvantages and considerations:
Medicare Australian health insurance is not available,
and visa applicants must take out their own health
insurance prior to visa application.
Sponsoring employers have considerable
responsibilities towards a 457 visa holder. They must
pay the correct industrial Award wage. The whole
family is under the sponsorship of the primary
applicant’s employer and if the employee is injured
and cannot continue to work in Australia, it is the
employer’s responsibility to repatriate everyone.
DIAC can monitor an employer’s workplace to check
that everything is being taken care of correctly.
Check employer's responsibilities and obligations at:
http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm
This is the List of Temporary Visa Occupations as
correct on 1.04.11
Some of these occupations are also suitable for
permanent visa application, and some are not. If you
expect to apply for a permanent visa in the future, it
is wise to also check the GSM Skilled Occupations List
and the Employer Sponsored (ENS) list on the website of
the Department of Immigration and Citizenship’s website
at www.immi.gov.au.
IMMI 10/085
Commonwealth of Australia
Migration Regulations 1994
SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION
TO
SUBCLASS 457 (BUSINESS (LONG STAY)) AND SUBCLASS 442
(OCCUPATIONAL TRAINEE) VISAS
Minister for Immigration and Citizenship
SCHEDULE 1
ANZSCO Group Level 1
ANZSCO Code and Occupation
111111 Chief Executive or Managing Director
111211 Corporate General Manager
121111 Aquaculture Farmer
121211 Cotton Grower
121212 Flower Grower
121213 Fruit or Nut Grower
121214 Grain, Oilseed or Pasture Grower
121215 Grape Grower
121216 Mixed Crop Farmer
121217 Sugar Cane Grower
121218 Turf Grower
121221 Vegetable Grower
121299 Crop Farmers nec
121311 Apiarist
121312 Beef Cattle Farmer
121313 Dairy Cattle Farmer
121314 Deer Farmer
121315 Goat Farmer
121316 Horse Breeder
121317 Mixed Livestock Farmer
121318 Pig Farmer
121321 Poultry Farmer
121322 Sheep Farmer
121399 Livestock Farmers nec
121411 Mixed Crop and Livestock Farmer
131112 Sales and Marketing Manager
131113 Advertising Manager
131114 Public Relations Manager
132111 Corporate Services Manager
132211 Finance Manager
132311 Human Resource Manager
132411 Policy and Planning Manager
132511 Research and Development Manager
133111 Construction Project Manager
133112 Project Builder
133211 Engineering Manager
133311 Importer or Exporter
133312 Wholesaler
133411 Manufacturer
133511 Production Manager (Forestry)
133512 Production Manager (Manufacturing)
133513 Production Manager (Mining)
133611 Supply and Distribution Manager
134111 Child Care Centre Manager
134211 Medical Administrator
134212 Nursing Clinical Director
134213 Primary Health Organisation Manager
134214 Welfare Centre Manager
134299 Health and Welfare Services Managers
nec
134311 School Principal
134411 Faculty Head
134412 Regional Education Manager
134499 Education Managers nec
135111 Chief Information Officer
135112 ICT Project Manager
135199 ICT Managers nec
139112 Commissioned Fire Officer
139113 Commissioned Police Officer
139911 Arts Administrator or Manager
139912 Environmental Manager
139913 Laboratory Manager
139914 Quality Assurance Manager
139915 Sports Administrator
139999 Specialist Managers nec
EXCEPT:
Ambassador
Archbishop
Bishop
141111 Café or Restaurant Manager
(Excluding
positions
in Fast Food or Takeaway Food Services)
141211 Caravan Park and Camping Ground
Manager
141311 Hotel or Motel Manager
141411 Licensed Club Manager
141911 Bed and Breakfast Operator
141912 Retirement Village Manager
141999 Accommodation and Hospitality
Managers nec
142112 Antique Dealer
142113 Betting Agency Manager
142114 Hair or Beauty Salon Manager
142115 Post Office Manager
142116 Travel Agency Manager
149111 Amusement Centre Manager
149112 Fitness Centre Manager
149113 Sports Centre Manager
149211 Call or Contact Centre Manager
149212 Customer Service Manager
149311 Conference and Event Organiser
149411 Fleet Manager
149412 Railway Station Manager
149413 Transport Company Manager
149912 Cinema or Theatre Manager
149913 Facilities Manager
149914 Financial Institution Branch
Manager
149915 Equipment Hire Manager
Federal Register of
Legislative Instruments F2011L00246
IMMI
10/085
ANZSCO Group Level 2
ANZSCO Code and Occupation
211111 Actor
211112 Dancer or Choreographer
211113 Entertainer or Variety Artist
211199 Actors, Dancers and Other
Entertainers nec
211211 Composer
211212 Music Director
211213 Musician (Instrumental)
211214 Singer
211299 Music Professionals nec
211311 Photographer
211411 Painter (Visual Arts)
211412 Potter or Ceramic Artist
211413 Sculptor
211499 Visual Arts and Crafts Professionals
nec
212111 Artistic Director
212112 Media Producer (excluding Video)
212113 Radio Presenter
212114 Television Presenter
212211 Author
212212 Book or Script Editor
212311 Art Director (Film, Television or
Stage)
212312 Director (Film, Television, Radio or
Stage)
212313 Director of Photography
212314 Film and Video Editor
212315 Program Director (Television or
Radio)
212316 Stage Manager
212317 Technical Director
212318 Video Producer
212399 Film, Television, Radio and Stage
Directors nec
212411 Copywriter
212412 Newspaper or Periodical Editor
212413 Print Journalist
212414 Radio Journalist
212415 Technical Writer
212416 Television Journalist
212499 Journalists and Other Writers nec
221111 Accountant (General)
221112 Management Accountant
221113 Taxation Accountant
221211 Company Secretary
221212 Corporate Treasurer
221213 External Auditor
221214 Internal Auditor
222111 Commodities Trader
222112 Finance Broker
222113 Insurance Broker
222199 Financial Brokers nec
222211 Financial Market Dealer
222212 Futures Trader
222213 Stockbroking Dealer
222299 Financial Dealers nec
222311 Financial Investment Adviser
222312 Financial Investment Manager
223111 Human Resource Adviser
223112 Recruitment Consultant
223113 Workplace Relations Adviser
223211 ICT Trainer
223311 Training and Development
Professional
224111 Actuary
224112 Mathematician
224113 Statistician
224211 Archivist
224212 Gallery or Museum Curator
224213 Health Information Manager
224214 Records Manager
224311 Economist
224411 Intelligence Officer
224412 Policy Analyst
224511 Land Economist
224512 Valuer
224611 Librarian
224711 Management Consultant
224712 Organisation and Methods Analyst
224911 Electorate Officer
224912 Liaison Officer
224914 Patents Examiner
224999 Information and Organisation
Professionals nec
225111 Advertising Specialist
225112 Market Research Analyst
225113 Marketing Specialist
225211 ICT Account Manager
225212 ICT Business Development Manager
225213 ICT Sales Representative
225311 Public Relations Professional
225411 Sales Representative (Industrial
Products)
225412 Sales Representative (Medical and
Pharmaceutical Products)
231111 Aeroplane Pilot
231112 Air Traffic Controller
231113 Flying Instructor
231114 Helicopter Pilot
231199 Air Transport Professionals nec
231211 Master Fisher
231212 Ship’s Engineer
231213 Ship’s Master
231214 Ship’s Officer
231215 Ship’s Surveyor
231299 Marine Transport Professionals nec
232111 Architect
232112 Landscape Architect
232212 Surveyor
232213 Cartographer
232214 Other Spatial Scientist
232311 Fashion Designer
232312 Industrial Designer
232312 Industrial Designer
232313 Jewellery Designer
232411 Graphic Designer
232412 Illustrator
232413 Multimedia Designer
232414 Web Designer
232511 Interior Designer
232611 Urban and Regional Planner
233111 Chemical Engineer
233112 Materials Engineer
233211 Civil Engineer
233212 Geotechnical Engineer
233213 Quantity Surveyor
233214 Structural Engineer
233215 Transport Engineer
233311 Electrical Engineer
233411 Electronics Engineer
233511 Industrial Engineer
233512 Mechanical Engineer
233513 Production or Plant Engineer
233611 Mining Engineer (excluding
Petroleum)
233612 Petroleum Engineer
233911 Aeronautical Engineer
233912 Agricultural Engineer
233913 Biomedical Engineer
233914 Engineering Technologist
233915 Environmental Engineer
233916 Naval Architect
233999 Engineering Professional nec
234111 Agricultural Consultant
234112 Agricultural Scientist
234113 Forester
234211 Chemist
234212 Food Technologist
234213 Wine Maker
234311 Conservation Officer
234312 Environmental Consultant
234313 Environmental Research Scientist
234314 Park Ranger
234399 Environmental Scientists nec
234411 Geologist
234412 Geophysicist
234511 Life Scientist (General)
234512 Anatomist or Physiologist
234513 Biochemist
234514 Biotechnologist
234515 Botanist
234516 Marine Biologist
234517 Microbiologist
234518 Zoologist
234599 Life Scientists nec
234611 Medical Laboratory Scientist
234711 Veterinarian
234911 Conservator
234912 Metallurgist
234913 Meteorologist
234914 Physicist
234999 Natural and Physical Science
Professionals nec
241111 Early Childhood (Pre-primary School)
Teacher
241213 Primary School Teacher
241311 Middle School Teacher
241411 Secondary School Teacher
241511 Special Needs Teacher
241512 Teacher of the Hearing Impaired
241513 Teacher of the Sight Impaired
241599 Special Education Teachers nec
242111 University Lecturer (Suitable for the position of Research
Associate or Research Fellow in a University)
242112 University Tutor
242211 Vocational Education Teacher
249111 Education Adviser
249112 Education Reviewer
249211 Art Teacher (Private Tuition)
249212 Dance Teacher (Private Tuition)
249213 Drama Teacher (Private Tuition)
249214 Music Teacher (Private Tuition)
249311 Teacher of English to Speakers of
Other Languages
251111 Dietitian
251211 Medical Diagnostic Radiographer
251212 Medical Radiation Therapist
251213 Nuclear Medicine Technologist
251214 Sonographer
251311 Environmental Health Officer
251312 Occupational Health and Safety
Adviser
251411 Optometrist
251412 Orthoptist
251511 Hospital Pharmacist
251512 Industrial Pharmacist
251513 Retail Pharmacist
251911 Health Promotion Officer
251912 Orthotist or Prosthetist
251999 Health Diagnostic and Promotion
Professionals nec
252111 Chiropractor
252112 Osteopath
252211 Acupuncturist
252212 Homoeopath
252213 Naturopath
252214 Traditional Chinese Medicine
Practitioner
252299 Complementary Health Therapists nec
252311 Dental Specialist
252312 Dentist
252411 Occupational Therapist
252511 Physiotherapist
252611 Podiatrist
252711 Audiologist
252712 Speech Pathologist
253111 General Medical Practitioner
253112 Resident Medical Officer
253211 Anaesthetist
253311 Specialist Physician (General
Medicine)
253312 Cardiologist
253313 Clinical Haematologist
253314 Medical Oncologist
253315 Endocrinologist
253316 Gastroenterologist
253317 Intensive Care Specialist
253318 Neurologist
253321 Paediatrician
253322 Renal Medicine Specialist
253323 Rheumatologist
253324 Thoracic Medicine Specialist
253399 Specialist Physician nec
253411 Psychiatrist
253511 Surgeon (General)
253512 Cardiothoracic Surgeon
253513 Neurosurgeon
253514 Orthopaedic Surgeon
253515 Otorhinolaryngologist
253516 Paediatric Surgeon
253517 Plastic and Reconstructive Surgeon
253518 Urologist
253521 Vascular Surgeon
253911 Dermatologist
253912 Emergency Medicine Specialist
253913 Obstetrician and Gynaecologist
253914 Ophthalmologist
253915 Pathologist
253917 Diagnostic and Interventional
Radiologist
253918 Radiation Oncologist
253999 Medical Practitioners nec
254111 Midwife
254211 Nurse Educator
254212 Nurse Researcher
254311 Nurse Manager
254411 Nurse Practitioner
254412 Registered Nurse (Aged Care)
254413 Registered Nurse (Child and Family
Health)
254414 Registered Nurse (Community Health)
254415 Registered Nurse (Critical Care and
Emergency)
254416 Registered Nurse (Developmental
Disability)
254417 Registered Nurse (Disability and
Rehabilitation)
254418 Registered Nurse (Medical)
254421 Registered Nurse (Medical Practice)
254422 Registered Nurse (Mental Health)
254423 Registered Nurse (Perioperative)
254424 Registered Nurse (Surgical)
254499 Registered Nurses nec
261111 ICT Business Analyst
261112 Systems Analyst
261211 Multimedia Specialist
261212 Web Developer
261311 Analyst Programmer
261312 Developer Programmer
261313 Software Engineer
261314 Software Tester
261399 Software and Applications
Programmers nec
262111 Database Administrator
262112 ICT Security Specialist
262113 Systems Administrator
263111 Computer Network and Systems
Engineer
263112 Network Administrator
263113 Network Analyst
263211 ICT Quality Assurance Engineer
263212 ICT Support Engineer
263213 ICT Systems Test Engineer
263299 ICT Support and Test Engineers nec
263311 Telecommunications Engineer
263312 Telecommunications Network Engineer
271111 Barrister
271299 Judicial and Other Legal
Professionals nec
271311 Solicitor
272111 Careers Counsellor
272112 Drug and Alcohol Counsellor
272113 Family and Marriage Counsellor
272114 Rehabilitation Counsellor
272115 Student Counsellor
272199 Counsellors nec
272311 Clinical Psychologist
272312 Educational Psychologist
272313 Organisational Psychologist
272314 Psychotherapist
272399 Psychologists nec
272411 Historian
272412 Interpreter
272413 Translator
272499 Social Professionals nec
272511 Social Worker
272611 Community Arts Worker
272612 Recreation Officer
272613 Welfare Worker
ANZSCO Group Level 3
ANZSCO Code and Occupation
311111 Agricultural Technician
311211 Anaesthetic Technician
311212 Cardiac Technician
311213 Medical Laboratory Technician
311214 Operating Theatre Technician
311215 Pharmacy Technician
311216 Pathology Collector
311299 Medical Technicians nec
311311 Fisheries Officer
311312 Meat Inspector
311313 Quarantine Officer
311399 Primary Products Inspectors nec
311411 Chemistry Technician
311412 Earth Science Technician
311413 Life Science Technician
311414 School Laboratory Technician
311499 Science Technicians nec
312111 Architectural Draftsperson
312112 Building Associate
312113 Building Inspector
312114 Construction Estimator
312115 Plumbing Inspector
312116 Surveying or Spatial Science
Technician
312199 Architectural, Building and
Surveying Technicians nec
312211 Civil Engineering Draftsperson
312212 Civil Engineering Technician
312311 Electrical Engineering Draftsperson
312312 Electrical Engineering Technician
312411 Electronic Engineering Draftsperson
312412 Electronic Engineering Technician
312511 Mechanical Engineering Draftsperson
312512 Mechanical Engineering Technician
312611 Safety Inspector
312911 Maintenance Planner
312912 Metallurgical or Materials
Technician
312913 Mine Deputy
312999 Building and Engineering Technicians
nec
313111 Hardware Technician
313112 ICT Customer Support Officer
313113 Web Administrator
313199 ICT Support Technicians nec
313211 Radiocommunications Technician
313212 Telecommunications Field Engineer
313213 Telecommunications Network Planner
313214 Telecommunications Technical Officer
or Technologist
321111 Automotive Electrician
321211 Motor Mechanic (General)
321212 Diesel Motor Mechanic
321213 Motorcycle Mechanic
321214 Small Engine Mechanic
322111 Blacksmith
322112 Electroplater
322113 Farrier
322114 Metal Casting Trades Worker
322115 Metal Polisher
322211 Sheetmetal Trades Worker
322311 Metal Fabricator
322312 Pressure Welder
322313 Welder (First Class)
323111 Aircraft Maintenance Engineer
(Avionics)
323112 Aircraft Maintenance Engineer
(Mechanical)
323113 Aircraft Maintenance Engineer
(Structures)
323211 Fitter (General)
323212 Fitter and Turner
323213 Fitter-Welder
323214 Metal Machinist (First Class)
323215 Textile, Clothing and Footwear
Mechanic
323299 Metal Fitters and Machinists nec
323311 Engraver
323312 Gunsmith
323313 Locksmith
323314 Precision Instrument Maker and
Repairer
323315 Saw Maker and Repairer
323316 Watch and Clock Maker and Repairer
323411 Engineering Patternmaker
323412 Toolmaker
324111 Panelbeater
324211 Vehicle Body Builder
324212 Vehicle Trimmer
324311 Vehicle Painter
331111 Bricklayer
331112 Stonemason
331211 Carpenter and Joiner
331212 Carpenter
331213 Joiner
332111 Floor Finisher
332211 Painting Trades Worker
333111 Glazier
333211 Fibrous Plasterer
333212 Solid Plasterer
333311 Roof Tiler
333411 Wall and Floor Tiler
334111 Plumber (General)
334112 Airconditioning and Mechanical
Services Plumber
334113 Drainer
334114 Gasfitter
334115 Roof Plumber
341111 Electrician (General)
341112 Electrician (Special Class)
341113 Lift Mechanic
342111 Airconditioning and Refrigeration
Mechanic
342211 Electrical Linesworker
342212 Technical Cable Jointer
342311 Business Machine Mechanic
342312 Communications Operator
342313 Electronic Equipment Trades Worker
342314 Electronic Instrument Trades Worker
(General)
342315 Electronic Instrument Trades Worker
(Special Class)
342411 Cabler (Data and Telecommunications)
342412 Telecommunications Cable Jointer
342413 Telecommunications Linesworker
342414 Telecommunications Technician
351111 Baker
351112 Pastrycook
351211 Butcher or Smallgoods Maker
(Excluding
the
activity
of slaughtering animals, or primarily boning, slicing
or packaging meat in a non-retail setting.)
351311 Chef
351411 Cook
361111 Dog Handler or Trainer
361112 Horse Trainer
361114 Zookeeper
361199 Animal Attendants and Trainers nec
EXCEPT:
Crutching Contractor
Muleser
Kennel Hand
361211 Shearer
361311 Veterinary Nurse
362111 Florist
362211 Gardener (General)
362212 Arborist
362213 Landscape Gardener
362311 Greenkeeper
362411 Nurseryperson
391111 Hairdresser
392111 Print Finisher
392112 Screen Printer
392211 Graphic Pre-press Trades Worker
392311 Printing Machinist
392312 Small Offset Printer
393111 Canvas Goods Fabricator
393112 Leather Goods Maker
393113 Sail Maker
393114 Shoemaker
393211 Apparel Cutter
393212 Clothing Patternmaker
393213 Dressmaker or Tailor
393299 Clothing Trades Workers nec
393311 Upholsterer
394111 Cabinetmaker
394211 Furniture Finisher
394212 Picture Framer
394213 Wood Machinist
394214 Wood Turner
394299 Wood Machinists and Other Wood
Trades Workers nec
399111 Boat Builder and Repairer
399112 Shipwright
399211 Chemical Plant Operator
399212 Gas or Petroleum Operator
399213 Power Generation Plant Operator
399311 Gallery or Museum Technician
399312 Library Technician
399411 Jeweller
399511 Broadcast Transmitter Operator
399512 Camera Operator (Film, Television or
Video)
399513 Light Technician
399514 Make Up Artist
399515 Musical Instrument Maker or Repairer
399516 Sound Technician
399517 Television Equipment Operator
399611 Signwriter
399911 Diver
399912 Interior Decorator
399913 Optical Dispenser
399914 Optical Mechanic
399916 Plastics Technician
399917 Wool Classer
399918 Fire Protection Equipment Technician
399999 Technicians and Trades Workers nec
ANZSCO Group Level 4
ANZSCO Code and Occupation
411111 Ambulance Officer
411112 Intensive Care Ambulance Paramedic
411211 Dental Hygienist
411212 Dental Prosthetist
411213 Dental Technician
411214 Dental Therapist
411411 Enrolled Nurse
411412 Mothercraft Nurse
411511 Aboriginal and Torres Strait
Islander Health Worker
411611 Massage Therapist
411711 Community Worker
411712 Disabilities Services Officer
411713 Family Support Worker
411714 Parole or Probation Officer
411715 Residential Care Officer
411716 Youth Worker
441211 Emergency Service Worker
441212 Fire Fighter
441311 Detective
441312 Police Officer
442111 Prison Officer
442216 Security Consultant
451311 Funeral Director
451399 Funeral Workers nec:
EXCEPT:
Chapel or Memorial Attendant
Funeral Director's Assistant
452311 Diving Instructor (Open Water)
452312 Gymnastics Coach or Instructor
452313 Horse Riding Coach or Instructor
452314 Snowsport Instructor
452315 Swimming Coach or Instructor
452316 Tennis Coach
452317 Other Sports Coach or Instructor
452318 Dog or Horse Racing Official
452321 Sports Development Officer
452322 Sports Umpire
452323 Other Sports Official
452411 Footballer
452412 Golfer
452413 Jockey
452499 Sportspersons nec
ANZSCO Group Level 5
511111 Contract Administrator
511112 Program or Project Administrator
ANZSCO Group Level 6
611112 Stock and Station Agent
612113 Real Estate Agency Principal
639211 Retail Buyer
639212 Wool Buyer
ANZSCO Group Level 7
712211 Driller
In this Instrument:
1. ANZSCO means, under regulation
1.03 of the Regulations, the Australian and New
Zealand Standard Classification of
Occupations published by the Australian Bureau of
Statistics as current on 1 July 2010. This
is the ANZSCO - First Edition,
incorporating Revision 1 (ABS Catalogue No.
1220.0) and is available online at
http://www.abs.gov.au.
2. nec means “not elsewhere
classified”.
3. The Australian Bureau of Statistics
defines Cafés and Restaurants and Takeaway
Food Service premises under the Australian
and New Zealand Standard Industrial
Classification (ANZSIC).
4. ANZSIC Class 4511 Cafes and Restaurants
This class consists of units mainly engaged
in providing food and beverage serving
services for consumption on the premises.
Customers generally order and are served
while seated (i.e. waiter/waitress service)
and pay after eating.
5. ANZSIC Class 4512 Takeaway Food Services
This class consists of units mainly engaged
in providing food services ready to be
taken away for immediate consumption.
Customers order or select items and pay
before eating. Items are usually provided
in takeaway containers or packaging. Food
is consumed on the premises in limited
seating facilities, taken away by the customer
or delivered. This class also includes
units mainly engaged in supplying food services
in food halls and food courts.
Federal
Register
of Legislative Instruments F2011L00246
***************
Migration Review Tribunal (MRT) applications for
partners with HIV infection
This is a specialised area where we have had some
success. I quote a recent 2010 MRT case.
Background:
Our client was a married woman in an African country.
She married an Australian citizen. When the medical
examination was conducted for her Spouse Visa
application to join her husband here, they found her to
be HIV positive. This was news to everybody: they think
she contracted it at a dentist’s surgery where proper
hygiene was not carried out. The visa application was
handled by the family without professional assistance,
and the visa was refused. At this point we were
contacted.
To be successful with an Appeal there is a great deal
of careful preparation involved. Some of the things we
did in preparation:
a) Contacted the visa applicant’s local officialdom to
provide evidence that this lady is of good character.
b) Asked the family in Australia to provide evidence of
their relationship with the visa applicant and her
Australian spouse.
c) Obtained evidence of financial support for the
couple from other friends in Australia.
d) Attempted to contact the visa applicant’s medical
professionals in Africa to check on her current HIV
status. We found she was having no treatment and did not
have a regular doctor. We made arrangements for her to
attend a specialist at a local hospital and start on the
HIV drugs immediately.
e) Contacted medical opinion in Australia for her
treatment options here, and the long-term outlook for
her health.
f) Chased up the Sponsor (her husband) to provide us
with evidence of keeping in touch.
g) Kept in touch with the MRT staff throughout the
period before the case was heard. We always found the
Tribunal staff to be most helpful.
h) Wrote a Submission for the Tribunal about the case,
and listed all the supporting documents sent in.
The MRT heard our case about a year later, as is normal
on this type of Appeal, and the documents were remitted
back to the African Embassy. The visa was granted in
February 2011.
Mary Heath
Registered Immigration Agent 0005790
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