Immigration News

1. State Skilled Sponsorship

The State Skilled Sponsored visa is a permanent residence visa and requires Nomination by a state or territory government

Visa Criteria

Age

The main applicant must be under 50 at the date of lodgment.

Occupation:

The main applicant must have a positive skills assessment in a Skilled Occupation. However the occupations list which applies depends on your circumstances:

For international students who had either applied for or been granted a Skilled - Graduate subclass 485 visa as of the 8th of February 2010, the 485 Skilled Occupations List applies.

For people who apply on the basis of a state nomination, the State/Territory Nominated Skilled Occupations List applies.

Otherwise, the Skilled Occupations List applies.

For both onshore and offshore applicants, the skills assessment must be suitable at the date of application.

English:

The main applicant must have at least Competent English (6 minimum in IELTS or passport from native English speaking country)

Family members aged 18 or over must show at least Functional English, otherwise they may need to pay the English Education Charge. Evidence of threshold English must be provided at date of lodgement

Recent Work Experience

Applicants must have worked in skilled employment for at least 12 of the last 24 months prior to application, unless they meet the Australian study requirement. Any work experience claimed either to meet threshold requirements or to obtain points must be in an occupation on the Skilled Occupations List which applies to the application.

Australian Study

International students do not need to show recent work experience. Instead, they must show that they either:

  • Meet the 2 year study requirement and have completed qualifications within six months of applying for the visa;or
  • Hold a skilled graduate visa

Points Test:

International students eligible for transitional arragements (ie those who had applied for or been granted a Skilled - Graduate Subclass 485 visa prior to 8 February 2010) apply under the transitional points test and need to score at least 100 points.

All other applicants must score at least 65 points in the 2011 skilled migration points test to qualify for the visa.

Family Sponsorship:

You can be sponsored by the following family members, so long as they are an Australian citizen, permanent resident or eligible NZ Citizen:

  • Brother or Sister
  • Parent
  • Non-dependent child
  • Uncle or Aunt
  • Nephew or Niece

Note that you can be sponsored by a relative of your spouse, defacto spouse or interdependent partner. Half- and step-relatives can sponsor your application.

State/ Territory Government Nomination:

Each Australian State & Territory produces a list of occupations in demand in the state or territory. If you are nominated by a state or territory government, you will receive additional points - 5 under the 2011 points test and 10 under the transitional points test.

2. EBA visa:

This visa allows people who have owned a business in Australia for at least 18 months to apply for permanent residence.

Duration and Conditions

The visa grants permanent residence status.

Do I Apply in Australia or Overseas?

The application must be lodged in Australia. The applicant must have been in Australia for at least 9 months during the period of 12 months immediately preceding the making of the application. Note that the applicant must not hold a special purpose, diplomatic, domestic worker or transit visa.

Spouse and children

Your spouse and dependent children may migrate to Australia with you in the same visa class. All family members must satisfy health and character criteria. A "dependent" child is a natural or adopted child (of you or your spouse) younger than 18 years who is wholly and substantially in your or your spouse's daily care and control. Children 18 years and older, who are still dependent on you or your spouse for financial, psychological or physical support may also be included. A child who is married is no longer a dependent child.

Criteria

1. You have had (and continue to have) an ownership interest in 1 or 2 established main businesses in Australia for 18 months immediately before applying. Note: ownership interest is defined as an interest in a business as:

a shareholder in a company that carries on the business; or

a partner in a partnership that carries on the business; or

the sole proprietor of the business, including such an interest held indirectly through one or more interposed companies, partnerships or trusts.

Note: main business is defined as a business in which:

the applicant maintains or has maintained direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and

the value of the ownership interest of the applicant (or the applicant and his/her spouse together) in the business was at least 10% of the total value of the business.

2. You, or you and your spouse together, have for the last 12 months held net assets in Australia of at least AUD$250,000.

3. The total value of the net assets of your (or you and your spouse's) business/s for the last 12 months was at least AUD$100,000.

4. You have had a successful overall business career.

5. You must also pass a Business Skills Points Test (pass mark 105 points). You can check your score in DIAC website.

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