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Migration to Australia, my newsletters and publications

This Newsletter column was started in 2003 and gets updated regularly. 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



2 Jan 2014

International English Language Testing System - IELTS 2014


English is the language of Australia. We don't have regional languages, we don't have dialects, we don't have different alphabets or extreme variations in pronunciation. It's just ENGLISH. One language spoken by everyone. And because of Australian immigration policy over at least the last 10 years, most people here do have good English.

Of course families coming from France – for example – speak French at home, and their children can learn French at school in a language class. Most international languages are taught, either by the State Education Systems, or parents send them to special classes (paid for privately). But it is rare to run into someone, not a tourist, who has low English ability.

English is also the first international language of communication. You need English in this modern world. Join the club!

1) What is IELTS?
2) Test Levels – Academic and General
3) Does everyone have to take IELTS? I'm from the UK (or Canada, USA, New Zealand).
4) How is it run?
5) Where can we take it?
6) How do the points in my visa relate to my IELTS results?
7) Does everyone in my family have to take IELTS?
8) What happens if I don't pass?
9) Can I ask for my test results to be reviewed?

1) What is the IELTS test? The IELTS test is an English test in four sections: listening, reading, writing and speaking.
 
2)  There are two levels – the Academic and the General. For some visas you will be required to take Academic English, but unless you have been given special instructions, take at General Level.  For example, Academic English is required for school teachers.

3)   Usually migrants entering from English speaking countries (UK, Canada, USA, New Zealand)  are not required to take IELTS.  But on some visas they may need to gain higher visa points – and  so must take the test. For example, for a Subclass 186 Visa.

4)  The IELTS test is run under strict examination conditions.

5)   The IELTS test centres are available in most countries in the capital cities and in many other major towns. You can check on www.ielts.org/test_centre_search/search_results.aspx

6)   Your visa points are counted according to your results on the IELTS test and other factors.

7)   If your adult family members, not citizens of the five English-speaking countries, do not pass at at least a low IELTS Passmark, they will be required to pay a visa application surcharge. This pays for their English classes in Australia.  This is called the Adult Migrant English Program – AMEP.

8)   If you don't pass IELTS, or your score is too low on one or more sections to meet the requirement, you can retake the test.  Of course it is advisable to take lessons in your weak areas before the retake.

9)    It is possible to request your test to be marked again. You pay a fee for this. But the IELTS test is very carefully marked, and the test scores are well co-ordinated across many examiners. It is rare for a test mark to be improved.

***

For further information about visa applications, and the required level of IELTS results you will need for your particular visa application, please contact us.   We are  Registered Migration Agents in Perth, Western Australia.



16 Aug 2013

Resident Return Visas, Subclass 155 & 157 (RRV)


Subclass 155 visa allows you to return to Australia on a permanent visa.
Subclass 157 allows a return of three months.

Citizens and Permanent Visa holders

Generally, if you are a citizen of Australia you can leave this country and return at any time. You might have difficulty if you serve in a foreign army fighting the Australian military.

A permanent visa will give you the right to remain here indefinitely…but! If you remain overseas for more than 5 years from date of grant, and you are outside Australia when the 5 years are up, you  may have to prove that this country is really your home.

The 1st Step: If you are going away for an extended period, you should make sure your Australian permanent visa is up to date, and if necessary apply for a new one.

When to Apply: A Resident Return Visa will allow you to return here if your permanent visa may expire while you are overseas, or if you are already overseas with an expired PR visa and plan on returning.

What are your rights on a Resident Return Visa (RRV)?

This visa restores the same rights you enjoyed on your original permanent visa for Australia.

Costs, per person: ………………………………$300.00*
Additional charge for Non-internet applications…$80.00

If you require a stamp in your passport, it will be $70 extra.
* Children and other family members apply separately and pay a separate charge.

Who can apply?

a) A person who is a permanent resident.
b) Someone who previously held permanent residence – but their previous visa was not cancelled.
c) A previous citizen who lost or renounced Australian citizenship

There are several categories of Eligibility Requirements:

a) You can apply if you held a 5 year visa, and you  have spent at least 2 of the last 5 years in Australia as a permanent resident or citizen.
b) If you held a 1 year visa you can apply for application in Australia only: you must provide evidence that you have  personal ties or business, cultural, or work ties that benefit Australia.

There are other requirements, depending on how long you previously lived in Australia, what you did here, and if you have close family living in this country.

Who cannot apply for a Resident Return Visa

Some Businesses visa holders will not be able to apply to return to Australia if their Business Skills Visa was cancelled or is subject to a notice of intention to cancel.

Resident Return Visas
Application documents:


a) Valid passport
b) Documents to prove you have extensive business ties in Australia – such as evidence of business partnerships or joint ventures.
c) Documents to prove you have cultural ties – such as publications written by you.
d) Employment ties – such as employment contracts.
e) Personal ties – such as close family with citizenship or permanent residence here.
f) Documents to prove you are an immediate family member of someone who already holds a Resident Return Visa – or who is also applying at the same time as you.





13 Aug 2013

Business Temporary and Short-Stay Work Visas

(The Subclass 400 Visas)


1)  Temporary Work (Short Stay Activity) visa (Subclass 400)

This visa allows applicant to enter Australia to do short-term work that is highly specialised, and does not replace an Australian worker. You must be invited by an Australian organisation.

  • It is usually granted for only 6 weeks.
  • You must arrive in Australia within 3 months of visa grant.
  • You must be outside Australia for visa application and grant.

Prices: http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

    Base Application Charge for primary applicant: $145
    Other adults over 18: $75 each
    Children under 18, $35 each.

This information and these prices are correct on 8.08.13.

2) Working Holiday Visa (Subclass 417) The "Backpackers' Visa".

This visa is for young people aged  between their 18th birthday  to their 31st birthday (be careful of this). It is a visa that allows 12 months work and holidaying in Australia. It is only granted for one person – you cannot include other adult family members or children. For people from:

  Belgium
  Canada,
  Republic of Cyprus
  Denmark
  Estonia
  Finland
  France
  Germany
  Hong Kong
  Republic of Ireland
  Italy
  Japan
  Republic of Korea
  Malta
  Netherlands
  Norway
  Sweden
  Taiwan
  United Kingdom


This visa allows you to supplement the cost of your holiday through short-term employment. However, if your primary reason for travelling to Australia is to participate in the work force here, you should consider a visa designed for that purpose.

The regulations on this visa:

a)  You must enter Australia within 12 months of the visa grant.
b)  It allows you to stay in Australia for 12 months.
c)  You can leave and return to Australia any number of times between visa grant and expiry.
d)  You can work for up to 6 months (only) for any employer on this visa.
e)  Study for up to 4 months is permitted also.
 
Second Working Holiday Year

To apply for a second year, you must apply before your 31st birthday.  Be careful of this.

If you are granted a second Working Holiday Visa, you are permitted to work a second 6 months for one of the employers where you  worked on your first Working Holiday Visa.

Tip:  When you work for an employer on a WHV, get a full reference from your employer. This should be on their letterhead, properly dated, and should list your type of work. Eg: “Philip worked for us as a Carpenter. We were pleased to see he held full qualifications and had work experience in this trade from Ireland.” or  “Anna worked for us for 4 months while our Chef took leave. She holds evidence of  training in French cuisine, and held a similar position in the Café de Paris in Bordeaux before coming to Australia. We were very pleased with her, and our clients loved her souffles!”  Something along those lines will be very helpful for your future employment and visas in Australia. 

Costs: $365 for internet lodgement. $445 for a paper application. This visa is only for single person application. You cannot include other adult family members or children.

3) Work and Holiday Visa (Subclass 462)

As with the Working Holiday Visa (Subclass 417 above), this visa is for young people aged 18 to 30 who want to travel and work for up to 12 months in Australia. Citizens of Iran who are currently in Australia on a Work and Holiday visa may also be eligible to apply for a further Work and Holiday visa.

This visa is for people from:

Argentina
Bangladesh
Chile
Indonesia
Iran
Malaysia
Thailand
Turkey
USA
Uruguay.

Citizens of Iran who are currently in Australia on a Work and Holiday visa may also be eligible to apply for further Work and Holiday visas. For other nationalities, it is only granted for 12 months.

The regulations on this visa:


a)   You must enter Australia within 12 months of the visa grant.
b) It allows you to stay in Australia for 12 months only.
c) You can leave and return to Australia any number of times between visa grant and expiry.
d) You can work for up to 6 months (only) for any one employer on this visa.
e) Study for up to 4 months is also permitted.
f) Your visa is granted electronically to the number on your current passport. It is advisable to make sure your passport will be valid for at least the time of your stay in Australia.
g)  If you lose your passport or get a new one, you must inform the Australian Department of Immigration and Citizenship at once.

Costs: $365 for internet lodgement. $445 for a paper application. This visa is only for single person application. You cannot include other adult family members or children.

There is considerable information about the obligations and requirements about this visa for USA citizens.  If you are from the US, please check the Australian Department of Immigration website at:

http://www.immi.gov.au/visitors/working-holiday/462/usa/obligations.htm

Please read carefully before applying for your visa.



13 Aug 2013

Tourist Visas & Short-term Business Visit Visas



A Tourist visa is a short-term visa for holidays, seeing family or friends, or seeing Australia to checkout future plans for settlement. Some Tourist Visas, from some countries, permit short-term business activities.

Your passport: Your visa grant is linked to your passport number when you applied.
So if your passport is about to expire, get it renewed before applying for your visa, and before travelling to Australia.

Types of Tourist Visas

A)  ETA, Subclass 976 visa.

B)  Business and short stay family visitors Subclass 600 work visas.

C)  Temporary short stay work visas Subclass 400 visas.


A) Electronic Travel Authority (ETA) visas, Subclass 976. You must be outside Australia to apply.

Only available from the following countries for online application:

Brunei, 
Canada, 
Hong Kong (SAR),
Japan, Malaysia,
Singapore,
South Korea,
United States of America.

The countries listed below can apply through a Travel agent, airline, specialist service provider or an Australian visa office outside Australia.

    Andorra
    Austria
    Belgium
    Brunei
    Canada
    Denmark
    Finland
    France
    Germany
    Greece
    Hong Kong (SAR)
    Iceland
    Ireland
    Italy
    Japan
    Liechtenstein
    Luxembourg
    Malaysia
    Malta
    Monaco
    The Netherlands
    Norway
    Portugal
    Republic of San Marino
    Singapore
    South Korea
    Spain
    Sweden
    Switzerland
    Taiwan
    United Kingdom - British Citizen
    United Kingdom - British National (Overseas)
    United States of America
    Vatican City.

Family travelling with you:

Each family member, including your children, will require a separate ETA visa. The ETA visa is granted for one person only.

Where must I be to apply?

You, and everyone in your family, must be outside Australia for this application.

Can I extend?

No. You cannot extend an ETA visa while you are in Australia. You must leave and reapply overseas. Alternatively, you may be able to apply for a different visa to extend your stay in Australia.

B) VisitorVisas (Subclass 600 visas). These temporary visas are for short business and family visits, or tourism.

There are four streams:

1) Tourist visas including, Subclass 651, eVisitor.
2) Business Visas – short stay.
3) Sponsored Family Visitors
4) Approved Destination Status Stream

You must apply outside Australia and you must be still outside at time of grant.

1) Tourist Visas, including  651 eVisitor

A Tourist Visa lets you visit family and friends in Australia,  take a short study course of up to 3 months, engage in limited business activities in Australia provided you do not work here or engage in selling goods or services to the public.
   
Your visa grant notice will tell you how many times you can leave Australia and return to this country on your Tourist Visa – you may only be granted one period of stay. Take care that you do not overstay on any entry.

eVisitor Subclass 651

This visa is for the same purposes as the above. The eVisitor is for people who want to visit Australia as for the Tourist Visa.

eVisitor eligible passports are citizen passports issued by the following countries:

Andorra
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany    
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands    
Norway
Poland
Portugal
Romania
Republic of San Marino
Slovakia
Slovenia
Spain
Sweden
Switzerland
United Kingdom of Great Britain and Northern Ireland
Vatican City (Holy See)

You must hold a passport from an eligible country to apply for this visa.


The eVisitor is electronically stored for travel to Australia, and they can be
accessed by airlines, travel agents and Australian border agencies. This is also true
for all other visas granted for Australia. 

   
2) Business Visitor Visas  - short stay.

This is a short-term visa to allow business activities while in Australia, provided you do not work here - sell goods or perform a paid service.

3) Sponsored Family Stream,  (Replaced Subclass 679)

This is a short-term visa, usually 6 months, for visiting a family member in Australia.

There are some factors that can delay visa processing:

a) Health Checks may be required if:

  • You plan to stay over 3 months
  • You are over 75 years of age
  • If you are likely to enter a health care facility for a visit or treatment.

b) Your documents need referral or further checking by the Australian Immigration Department.

4) Approved Destination Stream

This is a visa for people from the People’s Republic of China who are travelling in an organised tour group. You must be outside Australia when you apply and when the visa is decided.

Prices: http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

For most Subclass 600 visas, the Price is $115.
For Tourist Visas 676, there is an additional price per adult of $115, and $30 per child. 

C) Temporary Work (Short Stay Activity) visa (subclass 400)

This visa allows applicant to enter Australia to do short-term work that is highly specialised, and does not replace an Australian worker. You must be invited by an Australian organisation.

  • It is usually granted for only 6 weeks.
  • You must arrive in Australia within 3 months of visa grant.
  • You must be outside Australia for visa application and grant.

Prices: http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

Base Application Charge for primary applicant: $145
Other adults over 18: $75 each
Children under 18, $35 each.

This information and these prices are correct on 8.08.13.


2 July 2013

Visa application prices changed on 1st July 2013. The new DIAC list is very complex to follow, with an extensive
explanation at the front.

Please use this simplified list of new prices as a guideline only.  We think it probable there will be further clarification and more changes in the coming weeks.



14 June 2013

Child Visa, Subclass 101, for children living overseas

Child Visa, Subclass 802, for children temporarily living in Australia


To apply for this visa for a child or children, or stepchildren, they must have one or both parents with citizenship or permanent residence of Australia, or an eligible New Zealand citizen. The custodial parent must be living in Australia at the time of application.

Children under 18, and over 18 but under 25

The child or children must be financially supported by the sponsoring parent(s) and if the child is over 18, they must be reliant on their sponsor for financial support rather than on any other source of income.

The parent sponsors the child, and lodges an application on behalf of the child, who must be under 25 years old. If the child is over 18, he or she must be in full-time education and in an occupation leading to a professional, trade or vocational occupation, as recognised in Australia. For example: instruction in bird watching or stilt walking would be unlikely to count.

No child over 18 can be in full-time employment if they are to be sponsored on this visa.

Sponsor Obligations


a) Be financially responsible for the child's needs and provide accommodation, health care and financial support for at least the first two years.

b) Assist the child to attend English Language classes if required.

c) Advise DIAC in writing if circumstances change to prevent them from  providing parental care for their child.

Applicant Obligations


a) The applicants (children) must comply with any conditions imposed on their visa – for example, they should not marry.

Child Relationship Status


A child must be single, not in a de facto relationship or engaged. Also, they must never have been married or in a permanent de facto relationship (this is different from a teenage romance).

Step Children & Sponsorship


Step-children can only be sponsored for a Child Visa if they are under 18 and the sponsoring step-parent is no longer in a legal relationship with the children's true parent. In this case, the step-parent must have legal parental responsibility for the child/children.

Careful checking of Child Visa sponsors


a) In the best interests of children, no one in the household of the sponsoring parent(s) can have a criminal history, including the parent(s) themselves.

b) A Police Clearance will be required for sponsors, both from overseas countries of residence and from Australia – as appropriate.

Child Visa Subclass 101 - Where to lodge


For this visa, the child or children must  be resident outside Australia, and the application must be sent to an overseas office of DIAC. The sponsors must hold Australian citizenship or permanent residence – and usually live in Australia.

Child Visa Subclass 802 – Where to lodge


For this visa, the child or children must be in Australia, the sponsors must be in Australia, and the visa is lodged in Australia:  Child and Other Family Processing Centre.  Street address:

Ground floor
Dept of Immigration & Citizenship
Wellington Central
836 Wellington Street
West Perth WA 6005

To contact by email for an inquiry:

http://www.immi.gov.au/contacts/forms/email/eform-processing-centres-child-other-family.htm

Child Visa Subclass 101 – Where to lodge


To find the correct overseas office of the Australian Immigration Department, look up

 www.immi.gov.au/contacts/overseas/

for the Australian Consulate or Embassy in the country where the child/children live.





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:
  • A partner
  • 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 for the main applicant.

Additional costs (from 1.07.13): children included in the application $70 if under 18 and $280 if 18-25.

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


  1. 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.

  2. 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:
  1. Completed a single qualification or multiple qualifications adding up to at least 16 months study (92 weeks).

  2. Completed their studies within the last 6 months before making a Scl 485 application.

  3. 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?

    1. 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.

    2. 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.

  • Applicants can have their Skills Assessment lodged at time of application – but not granted - as with the Temporary Graduate Visa.



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, or over 18 and under 25 if in full-time education and dependent on parents financially.

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

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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


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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. 

3) What happens if one or both partners were previously married? 

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.

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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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