Immigration

Visa Applications

We provide immigration advice in all areas of Business Migration (Business Stream), Employer Sponsored Migration (Business Stream) and Skilled Migration (Skilled Stream) to businesses seeking to employ overseas candidates, individuals intending to migrate to Australia to start their own business or seeking employment in Australia. Our services include providing assistance in selecting an appropriate visa category, collating and certifying required documents, preparing legal submissions and statements, completing Immigration forms, lodging applications and liaising with Immigration authorities and the Department of Immigration and Citizenship (DIAC) on your behalf.

As migration agents, we abide by the Migration Agents Code of Conduct.

A.    Business Stream

1.    Working as a Sponsored Employee

1.1.  Temporary business sponsorship

Business sponsorship allows employers to sponsor a specified number of temporary business entrants within a two year period.

Employers must demonstrate to the department they can satisfy the sponsorship criteria, including their ability to comply with undertakings in relation to the approved number of sponsored employees.

A business sponsorship is valid for either two years or until the approved number of positions is filled, whichever happens earlier.

The nomination and visa applications must be lodged well before the period expires.

If employers wish to sponsor additional entrants they need to make a new sponsorship application.

Sponsored employees may stay in Australia for the length of the visa validity period - the visa does not expire when the sponsorship expires.

1.2.  Overseas business sponsorship

Businesses which have no formal operating base or representation in Australia may apply to bring employees to Australia to:

1.2.1. establish a branch, joint venture or agency distributorship and subsidiary branches in Australia; or

1.2.2. fulfil obligations for a contract or other business activity in Australia.

The employer, or a person with legal authority to act on their behalf, completes the sponsorship and nomination form 1196 and makes sponsorship undertakings.

Approval is valid for two years or until the available nominations are filled.

2.    Employer-sponsored Migration

2.1.  Employer Nomination Scheme

The ENS has been developed for Australian employers to recruit permanent, highly-skilled staff from overseas (or temporary residents currently in Australia), when they have been unable to fill a vacancy from within the Australian labour market or through their own training programs.

The ENS process has two stages:

2.1.1. nomination by an employer; and

2.1.2. the nominee's application for a visa.

3.     Short Stay Business Visits to Australia

The Business (Short Stay) visa (subclass 456) allows the bona fide business person to make a visit to Australia of up to three months to conduct business. Examples of appropriate activities include a conference, negotiation or an exploratory business visit, but do not include acting or music performance or commercial film making.

4.     Long Business Visits to Australia

For longer stays, the Temporary Business Entry (Long Stay) visa caters for business visits of up to four years for:

4.1.    personnel (executives, managers and specialists) for companies operating in Australia;

4.2.    personnel from offshore companies seeking to establish a branch in Australia, participate in joint ventures, or fulfil a contract awarded to an offshore company; and

4.3.    personnel coming under a labour or Invest Australia Supported Skills agreement.

There are special arrangements for employers in regional and low population growth areas across Australia. Regional arrangements assist employers who may not otherwise be able to meet minimum skill and salary requirements for employees.

Where a Regional Certifying Body supports the employer's nomination, an overseas worker may be recruited to fill a position in regional areas which falls below the normal minimum skill or salary level.

5.    Business Skills Entry

The Business Skills visa class of Australia's migration program encourages successful business people to settle permanently in Australia and develop new or existing businesses.

5.1.  Business Owner Category

You must first apply for a Business Owner (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

You can be outside Australia or in Australia, but you must lodge your application at one of the three Business Skills processing centres in either Hong Kong, Taipei or Perth, depending on where you usually live.

Providing you have successfully operated a business in Australia for at least two years and you continue to hold a valid Business Skills (Provisional) visa, you will be eligible to apply for a permanent Business Owner (Residence) visa (permanent residence). You must apply in Australia.

If an applicant has sponsorship from a State or Territory government and applies under the State/Territory Sponsored Business Owner (Provisional) or (Residence) visa, they are considered against lower threshold criteria.

5.2.  Senior Executive Category

You must first apply for a Senior Executive (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

You can be outside Australia or in Australia, but you must lodge your application at one of the 3 Business Skills processing centres in either Hong Kong, Taipei or Perth, depending on where you usually live.

Providing you have successfully operated a business in Australia for at least two years and you continue to hold a valid Senior Executive (Provisional) visa, you will be eligible to apply for a permanent Business Owner (Residence) visa (permanent residence). You must apply in Australia.

If an applicant has sponsorship from a State or Territory government and applies under the State/Territory Sponsored Senior Executive (Provisional) or Business Owner (Residence) visa, they are considered against lower threshold criteria.

5.3.  Investor Category

You must first apply for a Investor (Provisional) visa. If you are successful, you will be granted a visa for a period of 4 years.

You can be outside Australia or in Australia, but you must lodge your application at one of the three Business Skills processing centres in either Hong Kong, Taipei or Perth, depending on where you usually live.

Providing you have successfully maintained your Designated Investment for the minimum 4 years and you continue to hold a valid Investor (Provisional) visa, you will be eligible to apply for a permanent Investor (Residence) visa or a permanent Business Owner (Residence) visa. You must apply in Australia.

If an applicant has sponsorship from a State or Territory government and applies for the State/Territory Sponsored Investor (Provisional), State/Territory Sponsored Investor (Residence) or a State/Territory Sponsored Business Owner (Residence) visa, they are considered against lower threshold criteria.

5.4.  Business Talent Category

High-calibre business persons may apply for direct permanent residence in the first instance. If you are successful you will be granted a permanent visa.

You can be outside Australia or in Australia, but you must lodge your application at one of the three Business Skills processing centres in either Hong Kong, Taipei or Perth, depending on where you usually live.

You must have sponsorship from a State or Territory government.

5.5.  Established Business in Australia Category

Business people who have established a business in Australia can only apply to migrate under the Established Business in Australia category while they are in Australia with a temporary visa other than a bridging visa or a criminal justice visa.

They will need to show they have had at least a 10 percent ownership in an Australian business, for at least 18 months prior to their application.

B.    Skilled Stream

1.    Offshore General Skilled Categories

Australia's general skilled migration program targets people who are highly skilled, are under 45 years of age, have a high level of English language ability and who will quickly make a contribution to the Australian economy.

To make a valid application, applicants or their spouses must be able to satisfy essential criteria.

1.1.   Skilled - Independent

This category is for people who are under 45 years of age, have skills, qualifications and employability that will contribute to the Australian economy.

To apply in this category, you must:

1.1.1. satisfy the basic requirements;

1.1.2. nominate a skilled occupation from the Skilled Occupations List; and

1.1.3. pass the points test.

1.2.  Skilled - Independent Regional (Provisional) [SIR]

This category is for skilled people under 45 years of age who wish to live in regional Australia. Applicants who can meet the pass mark for the SIR, which is lower than the pass mark for the other general skilled migration visa categories, may be eligible to be granted a 3 year temporary visa.

To apply in this category, you must:

1.2.1. satisfy the basic requirements;

1.2.2. nominate a skilled occupation from the Skilled Occupations List;

1.2.3. meet the SIR visa pass mark; and

1.2.4. have sponsorship from a relevant state/territory authority.

1.3.  Skilled - State Territory Nominated Independent

This category is for people who highly skilled and have education, skills and employability which will contribute to the Australian economy, and are willing to settle in States and Territories where their skills are in demand.

To apply for this category you must:

1.3.1. satisfy the basic requirements;

1.3.2. nominate a skilled occupation from the Skilled Occupations List;

1.3.3. meet the pool mark for the Skilled - Independent category; and

1.3.4. be nominated by a participating State or Territory.

Participating States and Territories select nominees to meet a skill shortage in their area.

The state or territory is not the employer. However, as a shortage of skills has been identified, it is anticipated a job may be found quickly.

Successful applicants have a number of obligations, including to:

1.3.5. remain in the State or Territory for at least two years;

1.3.6. keep authorities informed of changes in address; and

1.3.7. take part in surveys as required.

1.4.   Skill Matching Visa

This category is for applicants for Skilled - Independent and Skill Matching visas who are not certain they will pass the points test.

They can have their details placed on the Skill Matching Database for up to 2 years.

There is no initial fee for the Skill Matching visa. The application fee is paid only when an applicant is nominated by a State or Territory government or by an employer.

After 2 years, if an applicant is not nominated, their details will be removed from the database and the application refused.

To apply for this category you must:

1.4.1. satisfy the basic requirements, with certain exceptions; and

1.4.2. nominate a skilled occupation from the Skilled Occupations List.

There is no points test for this visa category.

1.5.  Skilled - Designated Area Sponsored

This category is for people who have skills and have a relative living in a designated area of Australia who is willing to sponsor them.

To apply for this category, you must:

1.5.1. satisfy the basic requirements, with certain exceptions;

1.5.2. nominate a skilled occupation from the Skilled Occupations List;

1.5.3. have a sponsor who lives in one of the designated areas (you or your spouse must be related to the sponsor); and

1.5.4. have an assurer.

There is no points test for this visa category.

1.6.  Skilled - Australian Sponsored

You must:

1.6.1. satisfy the basic requirements;

1.6.2. nominate a skilled occupation from the Skilled Occupations List or the Sydney and Selected Areas Skilled Shortage List (if your sponsor lives in Sydney, Gosford, Newcastle or Wollongong);

1.6.3. pass the points test;

1.6.4. have a sponsor (you or your spouse must be related to the sponsor); and

1.6.5. have an assurer.

2.    Onshore General Skilled Categories

2.1.   Skilled - Independent Overseas Student

This category is for people who are under 45 years of age, have skills, qualifications, and employability that will contribute to the Australian economy.

To apply for this category you must:

2.1.1. meet the basic requirements;

2.1.2. nominate a skilled occupation from the Skilled Occupations List;

2.1.3. pass the points test; and

2.1.4. have a positive skills assessment:

2.1.4.1. in a 60 point skill level occupation; or

2.1.4.2. in a 50 point skill level occupation if you have completed an Australia doctorate.

2.2.  Skilled - Independent Regional (Provisional) (SIR)

This category is for skilled people under 45 years of age who wish to live in regional Australia.

Applicants who can meet the pass mark for the SIR visa, which is lower than the pass mark for the other general skilled migration visa categories, may be eligible to be granted a 3 year temporary visa.

To apply in this category, you must:

2.2.1. satisfy the basic requirements;

2.2.2. nominate a skilled occupation from the Skilled Occupations List;

2.2.3. meet the SIR visa pass mark;

2.2.4. have a positive skills assessment:

2.2.4.1. in a 60 point skill level occupation; or

2.2.4.2. in a 50 point skill level occupation if you have completed an Australia doctorate; and

2.2.5. have sponsorship from a relevant state/territory authority.

2.3.   Skilled - Designated Area Sponsored Overseas Student

This category is for people who have skills and have a relative living in a designated area in Australia who is willing to sponsor them.

To apply for this category you must:

2.3.1. meet the basic requirements;

2.3.2. nominate a skilled occupation from the Skilled Occupations List;

2.3.3. have a sponsor who lives in a designated area (you or your spouse must be related to the sponsor); and

2.3.4. have an assurer.

2.4.  Skilled - Australian Sponsored Overseas Student

This category is for people with skills and who have a relative already living in Australia who is willing to sponsor them.

To apply for this category you must:

2.4.1. meet the basic requirements;

2.4.2. nominate a 50 or 60 point skilled occupation from the Skilled Occupations List;

2.4.3. pass the points test;

2.4.4. have a sponsor (you or your spouse must be related to the sponsor); and

2.4.5. have an assurer.