Regional Sponsored Migration Scheme (RSMS) (subclass 187 visa)

The Regional Sponsored Migration Scheme (RSMS) (subclass 187 visa) allows employers in regional or low population growth areas of Australia, to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

Visa applicants can apply in or outside of Australia for RSMS (subclass 187) visa.

Note: ONLY applicants who hold a substantive visa or relevant bridging visa when applying for the RSMS visa (subclass 187) in Australia will be eligible for a bridging visa. 

Other Requirements for the Regional Skilled Migration Scheme

Direct Entry

A regional certifying body must first certify the nominated position against the following criteria:

• Business must be actively and lawfully operating in Regional Australia
• The position must be available for a minimum of two (2) years
• The business requires a person for the nominated position and satisfies the market rate requirement

In addition to the above, the department will also assess the application against the following criteria:

• the nomination has been approved by the relevant Regional Certifying Body
• the business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
• the nominated position is in a business operated by the employer
• the position is being remunerated in accordance with relevant workplace legislation and awards.

The Employee must:

• have the relevant qualifications and/or work experience for the nominated position which are equivalent to the Australian standard (Skills Assessment may be required in some circumstances)
• meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
• have been offered a full time position for a fixed term of at least two years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee)
• be under 50 years old
• have Competent English language ability

Note:  Exemption of certain requirements is available.

Temporary Residence Transition stream

If you have already worked for your nominating employer for two years in Australia, your skills do not need to be assessed.

You must have at least vocational English. No Regional Certification is required for this stream.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

Benefits of the Regional Skilled Migration Scheme

This visa allows employers operating in regional and low population growth areas of Australia (NSW, Victoria, and other States and Territories) to sponsor skilled workers to fill skilled vacancies in their business.

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Spouse & Partner visas

 

SPOUSE & PARTNER VISAS

 

This visa is for those in committed relationships.

These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary partner visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent partner visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This visa includes dependent children and other eligible dependent relatives.

Who is eligible for a Spouse Visa – Onshore and Offshore?

Married Applicants - Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.

De Facto Applicants - You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least six months immediately before application.  Same sex couples can apply under this subclass and use the same criteria.

The 12-month requirement may be waived if:

1. you can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children)  
2. all the following circumstances apply:
   1. your partner is, or was, the holder of a permanent humanitarian visa
   2. prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and
   3. the department was informed of this before the permanent humanitarian visa was granted.

Other Requirements for a Spouse Visa – Onshore and Offshore (subclass 820/801 and subclass 309/100 visa)

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Benefits of the Prospective Marriage Visa (subclass 300 visa) - Offshore

Spouse temporary visa (onshore and offshore visas) – permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, study in Australia, but you will not have access to government funding for tertiary study and Australia's medical benefits expenses and hospital care scheme, Medicare.

Spouse permanent visas (onshore) – allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria)

Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.

 

 

 

 

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SUBCLASS 188 (BUSINESS INNOVATION AND INVESTMENT) VISA

 

SUBCLASS 188 (BUSINESS INNOVATION AND INVESTMENT) VISA

This visa is for people who have a successful business or investment career, and have a genuine and realistic commitment to be involved in investing or business in Australia.

This visa is also the first step towards being granted a permanent Business Skills visa.

You must pay a non-refundable visa charge when you lodge the Expression of Interest (EOI).

Who is eligible for a Business Innovation and Investment Visa (Subclass 188)?

This visa is for significant investors/business people from overseas who are willing to invest funds in a business and/or designated investment in Australia (including NSW and Victoria) for four (4) years.

You must lodge the Expression of Interest (EOI) before you can be invited to apply.

You must be less than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the relevant region.

You must score at least 65 on the Innovation “Points test”. Points are awarded for:

• age
• English language ability
• qualifications
• experience in business or investments
• net personal and business assets
• business turnover
• innovation.

On rare occasions, the nominating state or territory government (NSW, Victoria, etc.) can award you 10 points towards the test because they think your proposed business is of exceptional economic benefit to them. 

Other Requirements for a Business Innovation and Investment Visa (Subclass188)

Depend on whether you apply for the Business Innovation stream or the Investor stream, you need to satisfy the following requirements:-

Business Innovation stream

If you apply for the Business Innovation stream, you (or your partner, or you and your partner combined) must have:

• significant total assets of at least AUD800 000
• significant total annual turnover of at least AUD500 000 in at least two of the four fiscal years immediately before you are invited to apply
• owned at least:
  • 51 per cent of a business with turnover of less than AUD400 000 per annum, or
  • 30 per cent of a business with turnover of more than AUD400 000 per annum, or
  • 10 per cent of a publicly-listed company
• an overall successful business career with no involvement in unacceptable business activities
• managed a business, in which you spent less than half your time on professional, technical or trade services
• a strong desire to own and maintain a management role in a business in Australia.
• Investor stream

 

If you apply for the Investor stream, you (or your partner, or you and your partner combined) must:

• have a net value of at least AUD2.25 million for the two fiscal years immediately before you are invited to apply
• have an overall successful record of eligible investment or qualifying business activity with no involvement in unacceptable activities
• have a high level of management skill in relation to eligible investments and/or qualifying business activity
• have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments
• make your government-approved designated investment before a visa can be granted
• have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured.
• You (or your partner, or you and your partner combined) must also have had one of the following:
• direct involvement, for at least one of the five fiscal years you are invited to apply, in managing your eligible investments that total at least AUD1.5 million, or
• direct involvement, for at least one of the five fiscal years before you are invited to apply, in managing a qualifying business in which you owned at least 10 per cent of the total value of the business.

Benefits of the Business Innovation and Investment Visa (Subclass188)

With this visa you can travel in and out of Australia (NSW, Vic, QLD, every state and territory) any number of times as long as the visa is valid, have your family accompany you to Australia (they will have access to work and study rights) and establish a pathway to permanent residence.

If you are in the Business Innovation stream, you can renew your visa for an additional two years, a renewal application must be lodged online and your state or territory government must confirm, in writing, that they continue to support you.

Please note that there are several other business visas available, such as:

• The 888 Business and Innovation Visa.
• The 132 Business Talent Visa
• The 457 Temporary Work Visa

 

 

 

 

 

 

 

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ACT - Skilled Occupations List (SOL) Updated for Subclass 190 visa applications

ACT - Skilled Occupations List (SOL) Updated for Subclass 190 visa applications

ACT Small Business and Skills has provided updates on the ACT skilled occupation lists (SOL) and other relevant information.

The status of the following occupations changed to closed: 

• All medical specialists (except General Practitioners) 
• surveyors 
• engineers
• complimentary health therapists 
• optometrists
  
  

The status of the following occupations changed to open:

• mechanics
• welfare workers
• building associates
• plumbers

 The open status of the following occupations remains unchanged:

• child care centre managers
• general practitioners
• retail pharmacist
• early childhood teachers 
• architects 
• medical imaging 
• registered nurses 
• panel beaters 
• psychologists 

The ACT 190 visa ‘nomination guidelines’ have also been updated.  In summary, the ACT Skilled Migration Program will give preference to Canberra residents, or their immediate family living overseas who can demonstrate good employment prospects. 

For example:

• Canberra residents / graduates may apply for ACT nomination if they are employed in a skilled occupation regardless of whether the occupation is open or closed.   
• Interstate graduates are required to be working in Canberra in their nominated occupation for at least 6 months before they can apply.
• Overseas applicants may only apply for ACT nomination if their occupation is open and they can demonstrate employability. If their occupation is closed, they must either have a job offer or have immediate family members living in Canberra and demonstrated employability.

 

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HOW IS YOUR HEALTH?

Australia’s immigration system requires most visa applicants, including visitors, to be in good health, thereby minimising our exposure to possible public health and welfare expenditure claims.

In practice, visa applications involving a period of stay of less than 12 months (eg visitor applications) do not generally require a medical examination prior to visa grant unless an answer to a question in the application form would trigger a request for an examination to be done.

Further, some visa subclasses such as the onshore protection visa do not contain any health criteria that must be satisfied by the visa applicant. Others, such as the subclass 444 special category visa which is available to New Zealand citizens, requires that the applicant not be a “health concern non-citizen” which is defined as a person who has active tuberculosis (TB) and who refuses to sign an undertaking to present to a Commonwealth Medical Officer within seven days of arrivalIn respect of all other visa subclasses, a visa can only be granted to a person if the  applicant meets the applicable health criteria for the visa.

Built into the regulatory system are provisions for “health waivers” that is, provisions which allow the strict health requirements to be set aside if certain circumstances are present. These waivers are only available to particular visa subclasses and if a visa applicant believes that he/she may have a health issue which could be of concern to the authorities it would be sensible to seek advice from an immigration lawyer before applying for a visa as the waiver criteria does vary according to the class of visa applied for.

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Subclass 189, Subclass 190 & Subclass 489 visas - GENERAL SKILLED MIGRATION

GENERAL SKILLED MIGRATION VISAS

SUBCLASS 189, SUBCLASS 190, SUBCLASS 489

This is a permanent residency visa for people who have skills that are in shortage in the Australian labour market. Eligible candidates for this visa are must pass a points test in order to be eligible.

There a three visa subclasses that fall into this category all of which require the same basic requirements:

• be at least 18 years of age or over and younger than 50 years of age at time of invitation
• be assessed as having at least competent English language ability
• nominate an occupation on the skilled occupations list (SOL) or;
• consolidated sponsored occupations list (CSOL) (state or territory nominated only)
• obtain a suitable skills assessment in the nominated occupation
• meet the points test pass mark of 60 points
• meet the health and character requirements

Subclass 189 visa

• Skilled Migrant visas are for people who have skills that are in shortage in the Australian labour market. Eligible candidates for this visa must pass a points test in order to be eligible.
• Permanent residency visa that will allow all applicants to live, work and study anywhere in Australia.
• Applicants must nominate an occupation on the skilled occupations list (SOL) to be eligible for this subclass.

Subclass 190 visa

Permanent residency visa which requires nomination from a state or territory. Applicants must nominate an occupation on either skilled occupations list (SOL) or consolidated sponsored occupations list (CSOL) to be eligible for this subclass. Approved applicants must intend to live, work and study in the nominating state or territory for 2 years on arrival.

 

Subclass 489 visa

This is a temporary residency visa valid for 4 years. Applicants will require either nomination from a state or territory, or be sponsored by an eligible Australian citizen, Australian permanent resident or eligible New Zealand citizen relative. Eligible candidates for this visa are must pass a points test in order to be eligible.

If nominated by a state or territory; approved applicants you must live, work and study in a specified regional area in order to comply with the visa conditions.

If sponsored by an eligible relative, approved applicants you must nominate an occupation on the skilled occupations list (SOL) and must live, work and study in a designated area in order to comply with the visa conditions.

Holders of the Skilled Regional Nominated/Sponsored Visa (subclass 489) may be eligible to apply for permanent residency visa, should they be able to satisfy the criteria for the Skilled Regional (Residence) visa (subclass 887).

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Fast Facts about 457 visas

FAST FACTS ABOUT 457 VISAS

The Subclass 457 (Temporary Work Skilled) visa is one of the most commonly used visas to work in Australia. It allows you to work for up to 4 years in Australia, and can also lead to permanent residence in Australia if certain criteria can be met.

FAST FACT 1

For some occupation classifications, your Australian employer will be required to publicly advertise your proposed position and show that there is no Australian who is able to fill the position. Unless evidence of this accompanies the application, you will be refused.

The 457 visa was originally introduced and intended to cover “short-term labour shortages” where the employer is not able to find a suitably qualified Australian employee. In some situations, the employer will need to show that they have advertised your position - particularly the following occupations:

• Nurses
• Trade occupations (such as mechanics, plumbers, tilers etc)
• Engineers.

If you do not provide evidence of this "labour market testing" when the 457 nomination is lodged, then your application will be refused. It's not possible to provide the necessary documentation or do the advertising after lodgement as the evidence must "accompany" the application.

 

FAST FACT 2

To get a 457, you need to prove your English language ability. Usually this is by doing an English test, but you may be exempt if you hold one of the recognised passports, have studied in English medium or have a high salary level.

This would generally involve showing that you have at least “Vocational English” by completing the ‘IELTS’ test and scoring at least 5.0 in each band (5.0 each for reading, writing, listening and speaking).

There are a number of exemptions to the English testing requirement, including:

• Certain Passport Holders: Holders of passports from the United Kingdom, Ireland, USA, Canada and New Zealand - even if you were not born in the passport country or if your first language is not English.
• Studies in English Medium: People who have studied continuously in English medium at secondary or higher level for at least 5 years. This makes many applicants from the subcontinent exempt because the medium of instruction for the education system is English.
• High Salary Earners: if your base salary is at least $96,400 (excluding superannuation) you should be exempt from English language testing.

FAST FACT 3

The minimum salary level is $53,900 (excluding superannuation), but if there is an Australian working for the business, you need to be paid at least the equivalent terms and conditions as the Australian/s employee/s.

To be eligible for a 457 visa, you'll need to show that you are being paid above $53,900 which is considered the minimum amount you'll need to live in Australia. This figure is called the TSMIT (Temporary Skilled Migration Income Threshold).  The TSMIT usually increases each year in July.

However, if there is an Australian working for the business in an equivalent position to yours, you'll need to show that you are getting paid the same, or more, than the Australian worker. This requirement is called the "Market Rate Salary" requirement.

If there is no Australian worker in an equivalent position, the business then needs to demonstrate that your proposed salary is equivalent to what an Australian worker would be paid by referring to industry awards, salary surveys and researching salaries for other similar positions being offered in the market place.

FAST FACT 4

Some 457 applicants are required to do a “skills assessment” which is separate to the visa application process.

For example:-

• Program or Project Administrators and Specialist Managers NEC: will require a skills assessment through VETASSESS. This will require a formal qualification plus 1-3 years of work experience in your occupation.
• Tradespersons: if you are being sponsored to work in certain trade occupations and you have a passport from certain countries, you will need to do a trade test.

The Department of Immigration may request a formal skills assessment if the visa officer has doubts as to your skill level.

FAST FACT 5

Subclass 457 holders must hold private health insurance before the visa can be granted and during their stay in Australia.

Some candidates may be eligible for MEDICARE under a number of reciprocal arrangements that Australia has with other countries (e.g. UK, Italy, Malta and more) and evidence of a temporary MEDICARE card is sufficient for 457 visa applicants from eligible countries.

If you do not maintain health insurance your subclass 457 visa could be cancelled.

FAST FACT 6

Many 457 holders apply for permanent residence after working in Australia for the same employer in the nominated occupation for 2 years. However, this is not necessary in all cases, and you may be eligible for permanent residence sooner if certain criteria can be met.

For example, it is also possible to apply for the permanent residence visa under what is called the "Direct Entry Stream". The Direct Entry Stream requires you to pass skills assessment and show that you have 3 years of work experience in your occupation.

For more detailed information and advice, please contact Nevett Ford Lawyers Melbourne.

 

 

 

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