Immigration To Australia
Australia is one of the most popular immigration destinations. Since the federal immigration portfolio creation in 1945, Australia’s net overseas migration has progressively increased, contributing to the population growth in the country. Australia’s increasing migrant population is also boosted by the works of the department of settlement services and the department of multicultural affairs, which help new immigrants settle seamlessly and integrate.
Australia’s permanent migration program has two routes for immigrants to enter the country – Australia’s migration program, aimed at skilled professionals, students, and family migrants, and the humanitarian program, aimed at refugees and those seeking asylum. The Australian government allocates quotas for permanent migrants to enter Australia through these migration programs. Currently, this quota stands at about 190,000 annually, with skilled professionals constituting the majority. There are different visa routes under Australia’s immigration program.
Temporary Skilled Shortage Visa (subclass 482)
The temporary skilled shortage visa allows an Australian employer to sponsor a suitably skilled immigrant to fill a position for which they cannot find a qualified Australian.
The TSS visa has two streams – the short-term stream, which allows immigrants to stay in Australia for up to 2 years, and the medium-term stream, which allows immigrant workers to remain in Australia for up to four years.
To apply for the short-term stream, an applicant’s job must be on the short-term skilled occupations list. Meanwhile, applicants who apply for the medium-term stream must have a job on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
Skilled professionals who enter Australia through the medium-term stream can apply for permanent residency after three years of living in the country.
Employer Nomination Scheme (subclass 186)
Employers can nominate foreign skilled workers to permanently live and work in Australia. There are three streams of this visa. They include:
- Direct Entry Stream. Foreign skilled workers can permanently live and work in Australia through the direct entry scheme. These workers can apply for citizenship when eligible and sponsor their family members to enter Australia. To be eligible under this scheme, an individual must have an occupation on the list of eligible skilled occupations, have three years of relevant work experience, and have a positive skills assessment. Eligible applicants must ensure that their employer has sponsored them under the direct entry scheme, then they can apply for this visa within six months of nomination.
- Labour agreement stream. Skilled workers applying for this stream must work or plan to work for an employer who is a party to a labour agreement. These individuals must also meet the labour agreement’s age, skills, and English language requirements. Eligible applicants can sponsor relatives to come to Australia and apply for citizenship when they meet the eligibility criteria.
- Temporary Residence Transition Stream. This stream is open to persons who currently hold a subclass 457, temporary skilled shortage or related Bridging visa A, B or C and have worked for an Australian employer for at least 3 years full-time while holding a subclass 457 or TSS visa.
Skilled Independent Visa (subclass 189)
Migrants with relevant required skills can enter Australia to live and work through a skilled Independent visa. This permanent resident visa allows the holder to work and study anywhere in Australia, enrol in Australia’s public health care scheme, sponsor eligible relatives for permanent residence, and become an Australian citizen when eligible.
- Before applying for this visa, an individual must:
- Be at least 18 years but not more than 45 years
- Score at least 65 points on the immigration points test
- Have an occupation on the relevant skilled occupation list
- Satisfy the points test
- Receive an invitation to apply for a visa
Before applying for this visa, candidates must submit an expression of interest through the Australian immigration web portal. The Australian government will then send out invitations to suitably qualified candidates. Candidates who receive an invitation must apply for this visa within 60 days of receiving the invitation.
Candidates must submit all necessary documents, such as a national identity card, marriage certificates, a certificate from Australia’s federal law enforcement to prove their character, proof of English literacy, etc., during their application.
Skilled Nominated Visa (subclass 190 visa)
The skilled nominated visa is eligible for immigrants who are nominated by a state or territorial government. This permanent residency visa allows holders to work, live, and study freely in Australia. Holders can also sponsor their family members to enter Australia as permanent residents.
Applicants can apply for this visa from inside or outside Australia. Those applying from inside Australia must hold a substantive visa, a Subclass 010 Bridging A visa, a Subclass 020 Bridging B visa, or a Subclass 030 Bridging C visa.
Applicants must be under 45 years of age, score at least 65 points, and have an occupation on the Short-term Skilled Occupation List (STSOL) to apply for this visa.
Candidates must first submit an expression of interest (EOI). State and territory government agencies will receive completed EOI and nominate suitable candidates for the visa. The Australian government will send invitations to nominated candidates to start their visa applications.
Candidates who receive an invitation must apply for this visa within 60 days of receiving the invitation.
Skilled Work Regional (Provisional) Visa (subclass 491 visa)
This is a provisional visa targeted at skilled workers nominated by a state or territory government to live and work in regional Australia.
It allows the holder to live, work and study freely in a designated region of Australia for up to five years.
Holders can apply for Australian permanent residency after three years of holding the visa.
You must either be sponsored by an eligible relative or be nominated by a state or territory government agency to be eligible.
Your occupation must be on the relevant skills occupation list. You must have a skills assessment score of 65 points or more and be under 45 years old.
The designated regional areas where you can work include:
- South Australia
- Western Australia
- Australian Capital Territory
- Victoria (except the Melbourne metropolitan)
- Queensland (except the greater Brisbane area)
- Northern Territory
- New South Wales (except Sydney)
The Business Innovation and Investment Visa (subclass 188)
The business innovation and investment visa allow immigrants to operate a new or existing business in Australia. Holders can own and manage a business in Australia, conduct business and investment activity in Australia or undertake entrepreneurial activities in Australia.
There are several streams under this visa. They include:
- The business innovation stream
- Investor stream
- Significant investor stream
- Premium investor stream
- Entrepreneur stream
Except for the premium investor stream, holders of the 188 visa can live and work in Australia for up to five years. The premium investor stream allows holders to stay in Australia for four years and 3 months.
To apply for the business innovation and investment visa, under any of the streams, candidates must:
- Be under 55 years. A State or Territory might invite an older to apply for this visa if their business is of exceptional economic benefit.
- Score at least 65 points on the immigration points test
- Have a successful business career
- Must have established at least one business that made at least AUD750,000 turnover in two of the last four fiscal years before applying for the visa
- Must have a net worth of at least AUD1.25 million either alone or in combination with their partner that can be used to establish a business in Australia
If a visa holder meets certain conditions, they can apply for a Business Innovation and Investment (Permanent) visa (subclass 888), allowing them to stay permanently in Australia.
Australian Permanent Residence
Australian immigrants who fulfil certain conditions on certain visa streams can apply for permanent residency.
An Australian permanent resident enjoys many benefits similar to citizens. These include:
- Right to live, work, and study in Australia indefinitely
- Right to enrol in Australia’s national health scheme, Medicare
- Right to apply for bank loans to buy property
- Access to free or subsidized legal services.
- Sponsor eligible relatives for permanent residence
- Right to apply for Australian citizenship when certain conditions are met
- Right to travel to and from Australia
- Right to work in New Zealand
However, permanent residents cannot:
- Vote in Australian Government elections
- Access student loans
- Join the Australian Defence Force, national and transport security.
- Obtain ongoing work in the Australian Government
- Return to Australia from overseas without a valid travel facility (permanent residents do not have an automatic right of entry to Australia).
How Can Total Law Help?
Total Law’s expert immigration lawyers are vastly experienced in all facets of the Australian immigration process. Over the years, we have successfully assisted thousands of clients to move to migrate to Australia without hassle.
Before applying for any visa, our expert immigration attorneys will help you determine that you meet the eligibility criteria set by the department of home affairs for a particular visa route. If you don’t, we will show you how to meet these requirements and score highly on the assessment tests to get a nomination when submitting an EOI. We will also help you gather all the necessary documents to ensure that your application process is seamless.
So reach out to us today at +1 844 290 6312 or use the online contact form to get in touch.
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The skilled occupation shortage list is a catalog of highly skilled professions for which there are available positions. Skilled migrants can enter Australia to perform a job on this least, either short-term or long-term. The jobs on the list are contained in Legislative instruments unique to each visa type under the skilled migration programs. For example, some occupations on the legislative instrument (LIN 19/051) for a skilled independent visa (subclass 189) include; engineering manager, child care center manager, primary health organization manager, etc.
Once you complete your eligibility assessment online, you will receive an immediate answer telling you if you are eligible for an Australian visa.
Australian migration works on a point-based system. The Australian department of home affairs acknowledges a nomination from a State or Territory government agency as 5 points. However, you still have to meet other criteria and have all the necessary documents before you can be granted an Australian visa.