Criteria & Process

Permanent Visas are generally divided into 4 main categories:

• General Skilled Migration
• Business Skills Migration
• Family Migration
• Refugee and Humanitarian Migration

General Skilled Migration to Australia

The General Skilled Migration programme is aimed at people with skills and qualifications in occupations that are in high demand in Australia. To be eligible for a visa in this category, Applicants must:

• be over 18 and under 50 years of age.
• have good English language skills.
• have recent skilled work experience.
• have skills and qualifications in an occupation listed on the Skilled Occupation List.

Visa Options:

There are different visa options under the General Skilled Migration programme for skilled workers who want to live in Australia but who do not have an employer sponsoring them. These include options for skilled people applying as an independent migrant as well as those sponsored by a relative or nominated by a State or Territory government.

(a) Independent Option

The preferred option for eligible applicants who are not sponsored by an employer as limited restrictions are placed on independent migrants.

(b) Sponsored Option

This option requires sponsorship by either an eligible relative or by one of the State or Territory governments. Sponsorship by an eligible relative creates a number of obligations to be met by that relative.

Options if within Australia

(a) Skilled Independent (Residence) Visa (subclass 885)

A permanent visa available for:

• eligible overseas students who have obtained an Australian qualification as a result of at least two years study; and
• holders of certain temporary visas who have skills in occupations in demand in Australia.

Applicants are not sponsored but must pass a points test.

(b) Skilled Sponsored (Residence) Visa (subclass 886)

This visa is for Applicants who are unable to meet the Skilled Independent (Residence) Visa points test but who have either a relative in Australia to sponsor them or a nomination from a State or Territory government. Applicants must still pass a points test but it is lower than that required for the Skilled Independent (Residence) Visa

(c) Skilled Regional (Residence) Visa (subclass 887)

A permanent visa for eligible provisional visa holders who have:

• lived for at least two years; and
• worked for at least one year
• in a Specified Regional Area in Australia.

(d) Skilled Regional Sponsored (Provisional) Visa (subclass 487)

A three year provisional visa for eligible overseas students and holders of certain temporary visas who meet the required pass mark. Applicants must either be sponsored by an eligible relative living in a designated area of Australia or be nominated by a participating State or Territory government.

Applicants can apply for a permanent visa after having lived for at least two years and worked for at least one year in a Specified Regional Area.

(e) Skilled Graduate (Temporary) Visa (subclass 485)

This visa is available to Applicants who have obtained an Australian qualification as the result of at least two years study but cannot meet the points test required for a permanent or provisional General Skilled Migration visa. This temporary visa allows Applicants to remain in Australia for a period of 18 month with a view to gaining the skills and experience needed to apply for a permanent or provisional General Skilled Migration visa. No points test applies to this visa.

Options if outside Australia

(a) Skilled Independent (Migrant) Visa (subclass 175)

A permanent visa for people with skills in demand in the Australian labour market. Applicants are not sponsored but must pass a points test.

(b) Skilled Sponsored (Migrant) Visa (subclass 176)

A permanent visa for those unable to meet the Skilled Independent points requirement. Applicants must either be sponsored by an eligible relative living in Australia or nominated by a participating State or Territory government. Applicants must pass a points test but it is lower than that required for a Skilled Independent Visa.

(c) Skilled Regional Sponsored (Provisional) Visa (subclass 475)

This is a provisional three year visa for Applicants who meet the required points criteria and who are either sponsored by an eligible relative living in a designated area of Australia or nominated by a participating State or Territory government.

Applicants can apply for a permanent visa after having lived for at least two years and worked for at least one year in a Specified Regional Area.

(d) Skilled Recognised Graduate (Temporary) Visa (subclass 476)

Graduates of a recognised overseas educational institution who have skills in demand in Australia can make application for this temporary visa. There is no points requirement for this visa.

Business Skills Migration to Australia

Unless you qualify for a Business Talent Visa (see below), Business Skills Migration involves a two-tier application process. First you must apply for and obtain a provisional visa and then meet certain requirements before you can apply for the permanent visa.

Provisional Visas

For people wishing to establish a business in Australia, manage a new or existing business or invest in Australia. These are temporary visas that offer a pathway to a permanent visa.

(a) Business Owners:

(i) Business Owner (Provisional) (Subclass 160)

For those with a successful business career who have a genuine and realistic commitment to be involved as an owner of a new or existing business in Australia.

(ii) State/Territory Sponsored Business Owner (Provisional) (Subclass 163)

For Applicants sponsored by a State or Territory government who have a successful established business career and a genuine and realistic commitment to be involved as an owner of a new or existing business in Australia.

(b) Senior Executives

(i) Senior Executives (Provisional) (Subclass 161)

For senior executives of major overseas businesses who have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

(ii) State/Territory Sponsored Senior Executive (Provisional) (Subclass 164)

For senior executives of major overseas businesses who are sponsored by a State or Territory government and who have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

(c) Investors

(i) Investor (Provisional) (Subclass 162)

For people with a successful business or investment career who have a genuine and realistic commitment to be involved in business or investment in Australia.

(ii) State/Territory Sponsored Investor (Provisional) (Subclass 165)

For people with a successful business or investment career who are sponsored by a State or Territory government and who have a genuine and realistic commitment to be involved in business or investment in Australia.

Permanent Visas

For people who have established the required level of business in Australia while holding a provisional visa. A direct permanent residence visa is also available for high-calibre business people.

(a) High Calibre Business People

(i) Business Talent Visa (Subclass 132)

For high caliber business people who are sponsored by a State or Territory government and who are owners or part owners of an overseas business and who have a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

(b) Business Owners

(i) Business Owner (Residence) (Subclass 890)

For those able to assist in the economic development of Australia. This visa allows an Applicant to stay in Australia on a permanent basis for the purpose of owning a new or existing business.

(ii) State/Territory Sponsored Business Owner (Residence) (Subclass 892)

For people, sponsored by a State or Territory government, who are able to assist in the economic development of Australia by ownership of a new or existing business.

(iii) Established Business in Australia (Subclass 845)

For those on a temporary visa who have established a business in Australia and have a proven ownership interest in one or more successful businesses in Australia.

(iv) Regional Established Business in Australia (Subclass 846)

For Applicants sponsored by a Sate or Territory government who, as a temporary resident, have a proven ownership interest in one or more successful businesses in Australia.

Investors

(i) Investor (Residence) (Subclass 891)

For those who:

• hold an Investor (Provisional) Visa;
• have maintained their designated investment/s for at least four years; and.
• have resided in Australia for at least two of the last four years.

(ii) State/Territory Sponsored Investor (Residence) (Subclass 893)

For those who:

• hold an Investor (Provisional) Visa;
• have an overall successful record in business or investment activities;
• have significant net assets to invest in a designated investment in Australia for four years;
• have a genuine commitment to maintain business and investment activity in Australia; and
• are sponsored by a State or Territory government.

Family Migration to Australia

There are a number of migration options for family members of Australian citizens, Australian permanent residents and eligible New Zealand citizens including.

Partner

Partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens may enter and/or remain permanently in Australia.

Partner migration may apply to:

• people intending to get married
• married (de jure) partners
• de facto partners
• interdependent partners (including those in a same-sex relationship).

Parent

Parents of children who are Australian citizens, Australian permanent residents or eligible New Zealand citizens are generally eligible to migrate to Australia.

Child

Available to dependent children, orphan relatives or adopted children of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Other Family

Generally available to aged dependent relatives, last remaining relatives and carers of Australian citizens, Australian permanent residents and eligible New Zealand citizens.

Working in Australia

Temporary Work Visa (Subclass 457)

This class of visa allows employers to sponsor approved skilled workers to work in Australia on a temporary basis. An employer can nominate a number of different positions under the same sponsorship application.

Employer Nomination Scheme (Subclass 121/856)

This scheme allows lawfully operating Australian employers to recruit workers on a permanent basis in order to fill full-time highly skilled positions which cannot be filled from within the Australian labour market.

Regional Sponsored Migration Scheme (Subclass 119/857)

This scheme enables employers in regional Australia to employ skilled people in positions that cannot be filled from the local labour market.