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Migrants to Australia are not selected because of their race, gender or culture. Instead, qualification to migrate depends on such things as your skills, health, age, finances, ability to speak English and whether you have family or business contacts here.

It is a big step to migrate permanently to another country, and it is expensive, but many migrants have arrived and settled in Australia, and regard it as a land of opportunity - beautiful and spacious. In Western Australia, for example, 31% of the total population of 1,713,023 was born overseas at the 1996 census and in metropolitan Perth 35% of residents was born overseas.

Note: Applying for visas while in Australia:

Under some circumstances a person already in Australia on some class of temporary visa may be able to apply for another subclass of temporary visa or, depending on the person's circumstances, for a permanent resident visa. For instance, a visitor who marries or commences to live in a de facto relationship with an Australian can apply to remain permanently. In some cases a person can be sponsored by an intended employer to remain either for temporary stay, usually 2 years, or for permanent stay - it all depends on the circumstance of the particular case. A person can apply for a retirement visa while in Australia on a visitor visa.

There are primarily Six major categories for Permanent Migration to Australia:

bulletSpouse
bulletProspective Marriage
bulletIndependent Category
bulletSkilled - Australian Linked
bulletPreferential Category
bulletInterdependency
bulletEmployer Nomination
bulletBusiness Skills Categories
  1. Business Owner
  2. Senior Executive
  3. Investment-Linked
  4. Established Business in Australia

 

Spouse: Class 100

Where a person who is either the married spouse or a * de facto spouse of an Australian citizen, permanent resident of Australia or a New Zealand citizen living in Australia, applies for migration to Australia based on the relationship. Immigration must be satisfied that the relation is genuine, that is, not one established simply to assist the applicant to obtain a migration visa. A de facto couple is a man and woman living together as husband and wife with a genuine and long-term commitment to each other in circumstances where they are not married to each other. Each may in fact still be married to another person, providing that marriage is over.

Under current law a person living with a member of the opposite sex for at least 12 months is living in a de facto relationship. Less than 12 months may be acceptable in certain circumstances.

Prospective Marriage: Class 300


Where an Australian person sponsors a member of the opposite sex to come to Australia to marry the sponsor. The applicant overseas is processed for permanent residence but when approved is granted a 9 month visa. After arrival in Australia the couple must marry within 9 months. The applicant and sponsor must satisfy Immigration that the relationship is totally genuine. The applicant may include dependent children in the application.

Independent Category: Class 126

The applicant must pass a Points Test which gives points for age (at the date the application is lodged), English Language abilities (some applicants must sit for an English language test), and employment skills. The current Pass Mark has been lowered to, 115, and an applicant aged over 40 normally cannot score sufficient points to pass regardless of the points he/she scores under the other items. If an applicant scores 100, 105 and 110 points he/she is placed in a "POOL" and remains there for about 12 months. If, in that time, the pass mark is decreased to the points the person scored, they are granted a visa. If the pass mark does not come down to their mark, they are rejected.

If you are intending to apply under one of the Independent Category/General Skilled Migration categories you must have a nominated occupation which is on the SOL at the time you apply. In order to make a valid application you must have obtained a skill assessment from the relevant assessing authority for your nominated occupation. Please review and confirm that your occupation is listed in the Australian Skills Occupation List

Skilled - Australian Linked: Subclass 105 (Used to be Concessional Family Category)

An Australian citizen or permanent visa holder can sponsor **parents, brothers/sisters, independent children and nephews/nieces. A Points Test must be passed but it is a little easier that the Independent Points Test. The pass mark is the same 115, the sponsor can give up to 50 additional points to the applicant's score. (**Parents: If the parents meet the Balance of Family test, they can apply under the Preferential Category, see below. The Balance of Family test is passed where there are at least half the children living in Australia as citizens/permanent visa holders.)

If you are intending to apply under one of the Independent Category/Australian Linked/General Skilled Migration categories you must have a nominated occupation which is on the SOL at the time you apply. In order to make a valid application you must have obtained a skill assessment from the relevant assessing authority for your nominated occupation. Please review and confirm that your occupation is listed in the Australian Skills Occupation List

Preferential Category: Class 104

An Australian citizen or permanent visa holder can sponsor an aged dependent relative, a remaining relative, an orphan relative or a special need relative. There is no Points Test.   All these terms have specific meanings and you can contact us for more information.

Interdependency: Class 814

Although no indication is given in the law and policy regarding this class, this Category can be utilised by people in gay relationships. An Australian citizen or permanent visa holder can sponsor a gay partner from overseas and, if Immigration is satisfied that the relationship is genuine, the visa will be granted. Other than gay people, there might be relationships between an elderly couple of different sexes or the same sex, who depend on each other and who have a continuing commitment to mutual emotional and financial support. Usually the relationship will have been in existence for be at least 12 months old.

Employer Nomination: Class 121

This is where an Australian business sponsors a person to come to live in Australia permanently and to work for the business. The application is based on an offer of employment where:
bulletthe position offered is "highly skilled",
bulletThe employer cannot find a suitable Australian for the position,
bulletThe employer has a satisfactory training record, and
bulletThe nominee's background matches the position offered.
The employer lodges a sponsorship application in Australia and, if it satisfies the legal and policy criteria, it will be approved. The nominee is then requested to apply for migration overseas. There is no points test for Employer Nomination. However there is an age limit of 45 for the applicant unless special circumstances apply.

Business Skills Categories

There are four major categories under the Business Skills category:

Business Owner: Class 127

The applicant is required to have an overall successful business background. A Points Test has to be passed where the applicant is granted points for age, English language abilities, net personal assets (applicant and spouse), assets of the business, labor costs of the business and business turnover in the best 2 of the 4 years immediately before the application is lodged. The applicant is expected to make genuine efforts to establish a business after entry to Australia, or to become involved in an existing business.
Applicants must be prepared to provide solid business documentation to prove they meet all the requirements. The application may be lodged overseas or, depending on what visas the person has, in Australia. If lodged in Australia the subclass is numbered 840.

Senior Executive: Class 128

Same as for Class 127 except that the applicant is not an owner of a business but is a senior executive of a major business having a turnover of at least $50 million a year. The points test is slightly different than for Business Owner. The application may be lodged overseas or, depending on what visas the person has, in Australia. If lodged in Australia the subclass is numbered 841. 

Investment-Linked: Class 131

The applicant is required to have an overall successful business or investment background and must pass a points test scoring points for age, English language abilities and for the amount of money the applicant is able to invest in Australian government Bonds for 3 years. The minimum amount required to be invested is $750,000 (which scores 60 points) and the sum to be invested will depend on the points scored in the age and English Language factors. The money must be invested after the application is approved and before the visa is issued. The applicant is only requested to make the investment when the visa is about to be issued. There is no advantage in investing, say $1 million in Bonds if $750,000 will give the required points.
The application may be lodged overseas or, depending on what visas the person has, in Australia. If lodged in Australia the subclass is numbered 844.

Established Business in Australia: Class 845

This is an application by a person who has had at least a 10% ownership interest in a business in Australia for at least 18 months and
  1. Managed the business for the 12 months immediately before lodging the application,
  2. Remained in Australia for 9 months in the 12 months immediately before lodging the application,
  3. Has net personal assets of at least $250,000 situated in Australia.
  4. The net assets owned in the business in Australia must be at least $100,000,
  5. The turnover of the business in Australia in the 12 months before the application is lodged must be $200,000 or $100,000 in exports,
  6. The Australian business must employ the equivalent of at least 3 Australians for the 12 months before the application is lodged. and
  7. The applicant must pass a Points Test.

Applicants must be prepared to provide solid business documentation to prove they meet all the requirements. The application can only be lodged in Australia.

Next Step: Fill out the  Questionnaire  and Please phone our Office to setup an appointment to discuss your specific case.
 

 

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