Australia's Immigration Policy: Information for Migrants from IMMagine Immigration Australia

The Australian Government operates a strict and rigid immigration policy to achieve social and economic goals through the temporary and permanent movement of people and skills. Nowadays, the Australian Government is focusing more on migrants who can demonstrate they will bring Professional, Trade or Business skills to Australia, whilst still maintaining the policy of allowing family and humanitarian based applications as well.

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What is clear, is that the Australian Government will only allow entry to those migrants it believes will settle well and add benefit to Australia.

Age plays a large factor in whether an application will succeed or not and a greater reliance on competency in English language ability under many categories. The Government is moving to a far more selective approach when deciding those people it will and will not let into the country and this is making satisfying entry criteria far more complex.

English language ability may be relevant to a visa applicant in two respects namely:

Different types of visas will have different requirements in this regard and it is important to ascertain the English language requirements of the class of visa that you will be applying for. We are happy to discuss your particular circumstances.

The Australian Government is now seeking to allow entry to around 190,000 people each year.

There are approximately 170 different types of visas for travel to Australia. These are divided mainly into Temporary and Permanent Visas.

Temporary Visas are visas that allow a person to come to Australia for a specific time and purpose. For example, as a tourist, student or on a work permit. Permanent Visas allow people to come to Australia on a permanent basis, although some types of permanent visas do have further obligations that must be satisfied upon arrival in Australia.

1. 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

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.

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

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.

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

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.

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.

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

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.

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.

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.

2. 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.

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.

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.

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.

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.

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.

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.

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.

For high calibre 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.

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.

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.

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.

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.

3. 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.

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

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

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

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

4. Working in Australia

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.

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.

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

Cutting through complexity for Australian Migrants:

Although changes to the system over recent years have been made in an attempt to bring some transparency to immigration decisions, it has in fact added greater uncertainty and complexity to the process, with outside assessing bodies and regional and even local differences making the task of the applicant a frustrating and often daunting one.

In this challenging and frustrating environment, a thorough understanding of immigration policy and practice, experience in the preparation and presentation of residence applications and a close working relationship with the bureaucrats who decide the outcome of applications is paramount to their successful passage.

We know government immigration policy even better than most people who work for the Department of Immigration and Citizenship and sometimes receive unsolicited referrals from the department themselves! We understand intimately what is required to qualify for residence and focus on a client's strengths and ensure that Government officials get the documentation they need to approve an application if policy allows or to maximise the applicant's chances of success if they are applying under one of the more subjective categories. This has never been more important than it is now.

Government officials are there to administer government policy rigidly and dispassionately, with concern for rules, regulations and numbers. Their task is to accept or reject according to prescribed criteria not to facilitate.

In this bureaucratic climate, a worthy applicant can often be deterred, disadvantaged or denied approval simply by their lack of knowledge of the finer points of the Australian Immigration law, policy and procedure and access to reliable information.

The rejection rates under some categories remain high. Not surprisingly, the best private sector consultants have become critical to many applicants wanting to increase the level of certainty they will get the residence they seek. IMMagine Australia is among the very best in this field.

The eligibility criteria are complex and it is not possible to provide anything more than a fairly generalised overview here. If you seek further information on your eligibility we urge you to complete our preliminary assessment attached to this web site and if it indicates that you may qualify, you should then download and complete our comprehensive questionnaire and return it to us along with our assessment fee so we can advise you on what options you might have and what barriers you might confront.

In the feedback we receive from our web visitors we are often asked to add a detailed breakdown of the various immigration categories and a detailed explanation of how they work. We have resisted this as far as we can for a simple reason it is too complex to do so effectively. The risks to the reader are too high when trying to offer anything more than a summary of policy criteria.

The Australian Department of Immigration and Citizenship also operate a Website that will give you some idea of your eligibility but should be treated with caution. It is valuable as far as it goes and can be lethal for what it leaves out.

The reality is that every person's situation will be different and every angle needs to be explored if a successful strategy is to be identified. We therefore insist on carrying out our own assessment before accepting an assignment to ensure that the initial preliminary assessment points to a strong possibility of meeting eligibility criteria.

This is for the good of our clients because if we say you don't qualify it is highly unlikely any application you file will be successful. The Department confirms that it's own web information and their self-assessment guides are only summaries which give an overview of policy but which cannot be counted on to convey all the critically important information the applicant requires.

Given the difficulty in speaking to an Immigration officer in person, inexperienced staff and high staff turnover many people fail in their application because they cannot rely on the information provided by the Department. We often spend days tidying up the messes caused by applicants not understanding a potentially very complex process after obtaining advice from the Department. Remember, the Department of Immigration and Citizenship is not in the business of providing advice; we are in that business!!

Confused about Australia's Immigration Policy?

You are not alone. Having a general understanding of how the immigration process works is valuable but unless you work with the system daily it is doubtful you can fully grasp the complexity of it. You are not stupid. You are normal!

Should you use an Australian Immigration Consultant?

In writing this we realise just how much we have left out in each category summary. The Act, Regulations, Ministerial Instructions and Procedure Advice Manual out of which the Department of Immigration and Citizenship operate is thousands of pages long. So be warned this is an overview designed only to give you some idea of the criteria.

We do not believe that the Department is capable of providing you with all the advice, information and support that you require. If they were there would be a far lower rate of rejection than occurs.

Would you put your family's future entirely into the hands of a bureaucrat in another country?

Applying for residence of another country is a big decision and we believe based on our many years of experience dealing with the fallout of those trying to negotiate the process themselves that professional guidance should always be sought.

At the moment potential migrants are not protected by any law and if you wish to use a consultant, beware. And you should. There are widely differing standards that consultants apply to their own businesses.

In Australia, a person must be registered as a Migration Agent with the Migration Agents Registration Authority (MARA). It is an offence to provide advice on migration or Immigration Law unless you are a registered Migration Agent or Lawyer.

Outside Australia, the Australian authorities have no jurisdiction or power to regulate people providing migration advice and assistance. Thus, if you can say Migration Agent you can be one. So, please check our credentials and registration and you will see we are fully registered.

To maintain our MARA registration, we must attend numerous seminars and courses to keep our knowledge and skills current. Many of these are presented by the Immigration Officers and Policy makers personally. We hear it right from the source!

In addition to be registered with MARA, we are also members of the Migration Institute of Australia which is a self-regulating industry body.

Importantly, the Directors of IMMagine Australia have between them, over 50 years of experience in advising and assisting migrants from all countries. There is no substitute for experience!!!

Your Consultant should be prepared not only to assess eligibility and complete the significant paperwork required, but should also give guidance on such important issues as cost of living, employment opportunities, housing, education, lifestyle, putting you in contact with banks, insurance companies, getting tax numbers and so on. If they are not Australians living in Australia, it is hard to see how they can be as credible.

Without the assistance and support of a consultant who is bound by strict ethical rules and who lives under Australian law an applicant has little or no protection from unscrupulous operators.

Consultants do make a significant difference if they have a track record of success and ethical behaviour. Of that there is no doubt.

Information For Australian Migrants: Australia's Immigration Policy

Introduction to Australia's Immigration Policy: