Frequently Asked
Questions
General skilled migration
Q.What are the basic requirements for a General Skilled Migration visa to Australia?
To apply for
a General Skilled Migration visa to Australia you, or your spouse, must be able to satisfy
basic requirements:
ˇ be under 45 when you apply
ˇ have sufficient ability in the English language
for working in Australia
ˇ have post-secondary (such as university or
trade) qualifications
your skills must have been assessed by
the relevant assessing authority for your nominated occupation before
you apply. have a nominated occupation which fits your skills and qualifications when you
apply. Your nominated occupation must be on the Skilled Occupations List (SOL)
ˇ recent work experience
If you are
not able to satisfy these basic requirements, you should NOT continue
with a General Skilled Migration application.
Q.Will my application be assessed against the points test?
If you apply
to migrate to Australia under the Skilled-Australian Sponsored category or any of the
Skilled-Independent categories, you will be assessed against the points test.
If you apply
under the various Skilled Designated Area Sponsored categories, you are not points tested,
but instead are assessed against threshold criteria only. You should also note that some
criteria in these categories have lower thresholds than the points tested ones.
Q. What is a pool mark?
If you do not
achieve the pass mark in the points test, the pool mark is the total number of points you
must score if your application is to be held in reserve for up to 2 years after it has
been assessed, in case a lower pass mark is set.
Q. What is the points test?
For Skilled -
Australian sponsored and Skilled Independent categories, you will be assessed against a
points test. Points can be awarded for:
ˇ skill
ˇ age
ˇ English language ability
ˇ specific work experience
ˇ occupation in demand (and job offer)
ˇ Australian qualifications
ˇ spouse skills
ˇ relationship (for Skilled Australian sponsored
only) and
ˇ Regional Australia - study and residence
Points are
awarded once the basic requirements have been satisfied.
Bonus points
can be awarded for only one of the following:
ˇ Capital investment
ˇ Australian Skilled work experience
ˇ Fluency in one of Australia's major community
languages, other than English.
Q. What is the
Skilled Occupations List (SOL)?
The SOL sets
out skilled occupations for migration to Australia under the General Skilled Migration
(GSM) visa categories and the number of points awarded to each skilled occupation. It also
lists the name of the Australian assessing authority responsible for assessing whether a
person’s skills/qualifications meet the Australian Standard. In order to lodge a
valid GSM application, you must nominate an occupation that is on the SOL when you apply.
If you are
sponsored by a relative who lives in Sydney or a Selected Area (as defined by postcode)
you will need to nominate your occupation from the Sydney and Selected Areas Skills
Shortage List (SSASSL). If your occupation is not on this list, you cannot apply.
Q. What is the Sydney and Selected Areas Skilled Shortage List
(SSASSL) and who must nominate an occupation listed on SSASSL?
The SSASSL
sets out skilled occupations for applicants intending to apply for a Skilled - Australian
Sponsored visa (Class BQ, subclass 138) whose sponsor resides in Sydney, Gosford,
Newcastle or Wollongong . These applicants must nominate a skilled
occupation from the SSASSL.
Q. How do I have my skills assessed?
Before you
apply, you must have your skills and qualifications assessed by the relevant Australian
assessing authority for your nominated occupation. No other assessing body’s
assessment is acceptable. Your skills must be assessed as suitable for your occupation.
Q. Do I need to have my English language
ability tested?
You must have
sufficient ability in the English language for working in Australia. This is known as
'vocational English'.
A higher
level of English is required for certain occupations where English ability forms part of
the skills assessment. In the Skilled-Designated area sponsored and Skill Matching
categories you may be eligible with a lower level of English.
Being born in
an English-speaking country, or even obtaining an Australian qualification does not
guarantee that you possess vocational level English, which is the minimum requirement
under General Skilled Migration.
Before you
apply, you are encouraged to obtain proof of your English language ability by one of the
following methods:
ˇ provide evidence that you are a native English
speaker, or
ˇ undertake an International English Language
Testing System (IELTS) test.
Q. Who can sponsor my Skilled Migration application?
In order to
apply for one of the Skilled Migrations Sponsored visas you or your spouse must be related
to the sponsor as:
ˇ a non-dependent child - includes natural,
adopted or stepchildren, or
ˇ a parent, or
ˇ a brother or sister - includes adoptive and
step brothers and sisters, or
ˇ a niece or nephew - includes adoptive and step
nieces and nephews,
ˇ a first cousin (Note:
Designated Area Sponsored only), or
ˇ a grandchild (Note: Designated
Area Sponsored only).
Your sponsor
is someone who is:
ˇ living in Australia
ˇ an Australian citizen or permanent resident,
and
ˇ is living in a designated area of Australia (if
applying under a Designated Area sponsored category).
Your sponsor
must be prepared to:
ˇ provide support for your first two years in
Australia, including accommodation and financial assistance as required.
Q. Where do I lodge an application for a
General Skilled Migration visa?
For all
applicants, both inside and outside Australia - you MUST lodge your
application with the Adelaide Skilled Processing Centre.
Applications
lodged at other regional offices or Australian diplomatic offices overseas will
not be accepted. An application sent to the wrong address will be returned to the
applicant or the migration agency.
Q. How do I pay the visa application charge?
All
applications for General Skilled Migration must be lodged at the Adelaide Skilled
Processing Centre (ASPC).
The
application charge should be included with the visa application when mailed or couriered
to the ASPC.
Skilled-Independent
category
Q. What is the Skilled-Independent Category?
Skilled
independent visa categories refer to those applicants who meet the requirements for a
skilled visa and do not have a sponsor.
Q. What are the basic requirements for a Skilled-Independent category
visa?
To apply for
a Skilled-Independent category visa you, or your spouse, must be able to satisfy basic
requirements:
ˇ under 45 years of age when you apply;
ˇ sufficient English language ability for working
in Australia;
ˇ post-secondary (such as university or trade)
qualifications;
ˇ skills assessed by the relevant assessing
authority for your nominated occupation before you apply;
ˇ nominate an occupation which fits your skills
and qualifications when you apply. Your nominated
occupation must be on the Skilled
Occupations List (SOL).
ˇ recent work experience
ˇ the correct visa application charge is
included,
ˇ all requested supporting documents are
attached. It is in your best interest to provide as much relevant
information as possible with your
application. A decision may be made on the information you provide at
time of application.
Skilled Independent
Regional [SIR] (Provisional) visa
Q. If I want to apply for the SIR visa, do I need to get my skills
assessed first?
Yes. To apply
for a SIR visa you must be able to nominate an occupation listed on the Skilled Occupation
List (SOL) and be assessed as having the skills required to work in that occupation in
Australia. This should be done before you approach a state/territory government agency
about possible sponsorship. Further information about how to get your skills assessed, is
available in the form on the Skilled Occupation List.
Q. How do I arrange sponsorship by a state/territory government for an
application for a SIR visa?
You should
first visit the SIR visa website. This website has links to the participating state and
territory government agencies. Some states will use their website to list employment
vacancies in their state/territory and where these are located. Before you approach any
state and territory authority about sponsorship, you must first have your skills assessed
to confirm that you can work in your nominated occupation in Australia.
Q. Can I add a child, spouse or other dependant to my SIR visa
application after it has been lodged?
Once your SIR
application has been lodged, only a dependant child may be added to your application
(without charge) provided the application has not been finalised. If the
application has been decided, then your child will need to lodge a seperate application
and pay the prescribed application fee. If your spouse, or other dependant family member,
was not included in your original application then they are required to lodge a separate
application for a SIR visa irrespective of whether your application has been finalised.
Q. Can I live/work in regional Australia while my family lives
elsewhere?
No. One of
the aims of the program is to keep family units together in regional Australia. Unless
there are exceptional circumstances, members of your family unit are required to live with
you.
Q. The SIR visa states I must live, work and study in regional
Australia. Does that mean I can study full-time on a SIR visa?
No. The SIR
visa is a 'provisional' visa and you will need to satisfy the requirements for permanent
residence (PR) before it expires. This includes being employed full-time.You should also
be aware that to be eligible to apply for PR, you might require sponsorship or nomination
from an employer of State or Territory government agency. Consequently, the type of work
you do while on your SIR visa may affect your eligibility for PR.
Q. How many hours a week do I need to be employed to meet the 'work'
requirement?
The main SIR
visa holder is expected to find employment in regional Australia as soon as possible after
their arrival To meet the 'work' requirement to apply for PR, it is expected that the main
SIR visa holder be employed on a full-time basis for at least 12 months.
For the purposes of the SIR visa, full-time employment is normally for 35 hours a week.
Any employment for less than 30 hours a week will not be regarded as full-time.
Q. If I work in regional Australia, does the employment have to be
with one employer?
No.
Employment may be with more than one employer provided that the total period of employment
is at least 12 months.
Q. Can any employment or residence I had in regional areas before my
SIR visa was granted count towards my permanent visa application?
No. Only
employment and residence accumulated in regional Australia after you were
granted your SIR visa is counted.
Q. What happens if I have lived in regional Australia but can't meet
the visa requirements to be granted a permanent visa after three years?
A second SIR
visa may be granted if you have complied with the conditions of your visa. It should be
noted that the regulations allow for one more SIR visa to be granted. If granted, the
second SIR visa will be valid for 12 months ONLY.
Migrating as a
business person
Q. If I want to set up a business in Australia, what visa will I
require?
If you are
seeking short-term entry to Australia for a stay of up to three months to undertake
business activities to assist you in establishing a business in Australia, such as
business meetings or negotiations, building inspections or equipment installation, you
will need to obtain a short stay business visa.
This visa
does not permit the applicant to engage in work that might otherwise be carried out by an
Australian citizen or permanent resident. If you are seeking long term entry to Australia
for a stay of over three months to establish a business in Australia, you will need to
obtain a Business Skills visa.
Q. Where can applications be lodged and processed?
Business
Talent (Migrant) visa and Business Skills (Provisional) applications can only be lodged in
one of three Business Skills processing centres worldwide, depending on your residential
address Indian nationals should lodge their Business Skills (Residence) visa applications
in any departmental Business Centre/Business Skills Processing Centre in Australia.
Q. How do I pay the visa application charge?
If lodging an
application for one of the Business Skills (Provisional) or Business Talent (Migrant)
visas:
ˇ lodging in Perth, in Australian dollars, by
credit card, bank cheque drawn on a bank with representation in
Australia, or international money
order.
If lodging an
application for one of the Business Skills (Residence) visas:
ˇ lodging at a departmental office in Australia,
in Australian dollars by credit card, bank cheque or money
order, made out to DIMIA.
Q. Where do I have to be when lodge my application?
You can be
inside or outside of Australia when you lodge your application for a Business Talent
(Migrant) or for a Business Skills (Provisional) visa.
The primary
applicant must be inside Australia when lodging an application for a Business Skills
(Residence) visa. However dependent applicants may be in or outside Australia at the time
of lodgement.
Q. Is there an age limit?
If you are
applying for one of the Business Skills (Provisional) unsponsored visas (subclasses 160,
161, 162), you must be under 45 years of age at the time of your application. There is no
exception to this age limit for unsponsored applicants.
If you are
applying for one of the State/Territory Sponsored Business Skills (Provisional) visas
(subclasses 163, 164 and 165) or for the Business Talent (Migrant) (subclass 132) visa,
you must be under 55 years of age at time of application.
If you are 55 or older, the sponsoring
State/Territory government must determine that your proposed business activity will be of
exceptional economic benefit to that State or Territory and provide a statement to this
effect for you to lodge with your application.
Q. How long is the visa valid for?
A Business
Talent (Migrant) and the Business Skills (Residence) visas are permanent visas allowing
permanent stay in Australia with a resident return facility valid for five years from date
of grant.
A Business
Skills (Provisional) visa is valid for four years. If the visa was granted in Australia,
it is valid for four years from the date of grant. If the visa was granted outside
Australia, the visa is valid for four years from the entry expiry date on your visa label.
Q. Will I need to attend an interview? Where will I be interviewed if
my application is being processed in another country?
Most Business
Skills applicants will need to attend an interview to discuss your business history and
business intentions in Australia and any other issues requiring clarification in order to
fully assess that you meet the requirements set down in law for the grant of your visa. In
some instances, Departmental officers may also visit your business.
The Business
Skills Processing Centre or departmental Business Centre in Australia will contact you to
arrange for you to attend an interview at a convenient location. If you are applying from
the People's Republic of China, your interview will be held at the Australian Consulate
General, Hong Kong.
Q. When do I have to get into business in Australia?
If you are
granted a Business Owner or Senior Executive (Provisional) visa, you will be required to
buy in to an existing business or establish a new business in Australia at least two years
before your Business Owner or Senior Executive (Provisional) visa expires. This is because
you must own and manage a business in Australia for at least two years in order to qualify
for permanent residence.
Your business
must also meet certain thresholds for you to qualify for permanent residency. You may need
to allow extra time for your business to reach these thresholds, if the business is not
already doing so.
If you are
granted an Investor (Provisional) visa, you will be required to maintain your investment
in Australia for four years.
Q. What happens to my family if I can’t get into business in
Australia?
In most
cases, your family members will hold Business Skills (Provisional) visas because you hold
a Business Skills (Provisional) visa. If you are unable to get into business in Australia,
and cannot qualify for a Business Skills (Residence) visa, your family members will not be
able to remain in Australia, unless they are able to qualify for another type of visa.
Q. After being granted a Business Skills (Provisional) visa, what
assurance can I receive about the grant of a Business Skills (Residence) permanent visa?
The objective
of the two-stage business skills process is to make permanent residence available to
people who have been successful in getting into business in Australia or who have
maintained their investment in Australia for four years. If you have achieved this, you
will be able to apply for a Business Skills (Residence) visa.
The
thresholds your business in Australia is expected to achieve to qualify for permanent
residency . If you are unable to meet these thresholds, you will not be eligible for a
Business Skills (Residence) visa and, unless you are able to qualify for another type of
visa, you and your family will not be able to remain in Australia.
Q. Am I required to live in Australia for a minimum period of time as
the holder of a Business Skills (Provisional) visa? What if I need to sell my offshore
business?
The Business
Skills (Provisional) visa allows you to depart and re-enter Australia as many times as you
want during the four years validity period. You are not required to remain in Australia
continuously.
However, if
you apply for a Business Owner (Residence) visa, one of the criteria requires you to have
been physically present in Australia as the holder of a Business Skills (Provisional) visa
for at least 12 months during the two years immediately prior to lodging your application.
Furthermore,
you must have maintained a direct and continuous involvement with the day-to-day
management of your business for at least two years prior to your application. Unless you
were living in Australia during this time, it would be difficult for you to meet this
requirement.
If you are
seeking to qualify for an Investor (Residence) visa, one of the criteria requires you to
have been physically present in Australia for at least 24 months during the four years
immediately prior to lodging your application.
Q. When will I be able to apply for a Business Skills (Residence)
visa?
If you hold a
Business Owner (Provisional) or Senior Executive (Provisional) visa, you may apply for a
Business Owner (Residence) visa once you successfully get into business in Australia.
To meet the
criteria for a Business Owner (Residence) visa, however, you must have obtained an
ownership interest in a business and have maintained a direct and continuous involvement
with the day-to-day management of that business in Australia for a least two years prior
to your application.
Therefore, it
is unlikely that you would be able to apply for a Business Owner (Residence) within the
first two years of your stay in Australia.
If you hold
an Investor (Provisional) visa, you will be eligible to apply for an Investor (Residence)
visa once your have maintained your investment in Australia for four years.
Therefore,
you will not eligible for the grant of an Investor (Residence) visa until four years after
your investment was made.
You should be
aware that if you attempt to lodge your application for an Investor (Residence) visa at an
earlier date, your application may be refused as you have not maintained your investment
for the full four years.
Q. I am the holder of a Temporary Business (Long Stay) (Independent
Executive) (457) visa. Will I still be eligible to apply for permanent residence?
Yes. You will
be able to apply for permanent residence in the:
ˇ Established Business in Australia (EBA)
category, or
ˇ if you are sponsored by an appropriate regional
authority, the Regional Establish Business in Australia
(REBA) category, or
ˇ if you are sponsored by a state/territory
government, the State/Territory Sponsored Business Owner
If you are
not yet eligible for permanent residence, you may be able to lodge an application for a
Temporary Business (Long Stay) (Independent Executive) (Further Application Onshore) in
Australia.
This visa
will give you a further two years in which to continue your business activity and meet the
requirements to enable you to apply for permanent residence under one of the Business
Skills categories.
Migrating as a family
member
Q. How can I live
permanently in Australia with my spouse?
If you are in
a genuine married or de facto relationship with an Australian citizen, permanent resident
, and wish to live permanently in Australia with your partner, you will need to obtain a
Spouse visa.
2. What are the visa requirements for migration as a spouse?
You may apply
for a Spouse visa if you:
ˇ are legally married to an Australian citizen,
permanent resident or eligible New Zealand citizen, or
ˇ are in a de facto relationship with an
Australian citizen, permanent resident or eligible New Zealand citizen
and you have been in this
relationship for at least 12 months immediately prior to applying for the visa,
ˇ are able to be sponsored by your partner,
ˇ are in a relationship that is genuine and
continuing and are able to provide evidence of this,
ˇ have a mutual commitment to a shared life as
husband and wife,
ˇ live together, or do not live separately and
apart on a permanent basis,
ˇ and your partner have both turned 18 years of
age (unless special circumstances apply),
ˇ have no limitations on making an application if
applying in Australia.
ˇ office.
ˇ the visa application charge has been paid,
ˇ supporting documents are attached.
Q. How is my application for a Spouse visa processed?
Applications
for a Spouse visa go through a two-stage process.
The process
involves applying for a temporary visa and a permanent visa on the one application form.
At the first
stage the temporary visa application will be considered. The second stage, two years after
making the application, involves consideration of the permanent visa application.
Q. What do I do if my relationship ends before my permanent visa
application is decided?
If the
relationship ends while you have a temporary visa, you must inform the department
immediately.
You may still
be eligible for a permanent visa, without having to fulfil the normal two-year waiting
period.
Migrating as a fiance
Q. I am engaged to be married and wish to marry in Australia. What
visa do I need?
If you are
engaged to be married to an Australian citizen, permanent resident and wish to marry that
person in Australia, you will need to obtain a Prospective Marriage (Fiancé(e)) visa.
People already in Australia on temporary visas are unable to extend their stay in
Australia by applying for a visa as a fiancé(e). There is no visa category available to
cover this situation.
Q. What are the visa requirements for a Prospective Marriage visa?
You may apply
for a Prospective Marriage visa if you:
ˇ are engaged to be married to an Australian
citizen/ permanent resident,
ˇ genuinely intend to marry your fiancé(e)
within 9 months from the date you are granted a visa, then intend
to live with your partner as their
spouse,
ˇ and your fiancé(e) have met and are personally
known to each other,
ˇ and your fiancé(e) are both aged over 18 years
unless specific circumstances apply, and
ˇ are sponsored by your fiancé(e).
Q. How do I apply for a Prospective Marriage visa?
You must
lodge your Prospective Marriage visa application outside Australia and you must also be
outside of Australia at the time of lodgement.
Q. How is my application for a Prospective Marriage visa processed?
People
applying under the Prospective Marriage category go through a three-stage process on two
application forms. The first stage involves you being assessed for a temporary visa based
on your Prospective Marriage visa application. The second stage will begin after your
marriage when you apply in Australia for a Spouse visa. Once you have been granted the
temporary Spouse visa, the third stage involves being assessed for a permanent Spouse
visa.
Q. What do I do if my relationship ends before my permanent visa
application is decided?
If the
relationship ends while you have a temporary visa, you must immediately notify the
department.
You may still
be eligible for a permanent partner visa, and may not be required to leave Australia.
Q. What do I do if we marry before my Prospective Marriage visa
application is decided?
You must
notify the visa processing office immediately and request that your application be
processed as a Spouse visa application.
ˇ you and your spouse (if any) together do not
have more than three near relatives residing overseas; and
ˇ you and your spouse (if any) have not had
contact with such near relatives for a reasonable period before
the application, and
. if you are a child under 18, who was adopted
overseas, your adoptive parent has spent the required 12
months living overseas prior to the
adoption visa application.
ˇ you must also be sponsored by a near relative
who:
o is an Australian citizen, Australian permanent
resident or eligible New Zealand citizen;
o was not granted a visa on the basis of being a
remaining relative;
o has not previously sponsored/nominated a
remaining relative; and
ˇ have an approved Assurance of Support.
ˇ in Australia - by telephoning the general
inquiry number 131 881;
ˇ overseas - contacting your nearest Australian
diplomatic office. |
