Skilled Migration Visa

As we are prohibited to give individual advice, please consider all information generic and seek professional help from Migration Agents for individual advice.Click here to find a list of Migration Agents that can help you lodge your application.

If you are a skilled worker and want to go to Australia and live there permanently, you could apply for a Skilled Migration Visa (with or without a sponsor). If you like to be sponsored, your sponsor may be your relative, or you may be nominated by a State or Territory government. There are several categories of visas under the General Skilled Migration Scheme. You may be eligible for a number of different visa categories and each has different requirements. You have to read through the various visa options and choose the one that is most beneficial to you.

Example basic Requirements

The following are the basic requirements for a Skilled Migration visa to Australia:

Age – you must be under 45 years of age when you apply;
English language – you need to have “competent” English; you must provide evidence that you meet the English language requirement, like taking an English test; you meet the English language threshold if you have a valid passport from the United Kingdom, the United States of America, Canada, Ireland or New Zealand;
Qualifications – you must have a post secondary qualification which is at least equivalent to an Australian Bachelors degree or higher, diploma or trade qualification; you also need to have your skills assessed by the relevant assessing authority as suitable for working in your nominated occupation;
Nominated occupation – when you apply for skilled migration, you must nominate a skilled occupation which fits your skills and qualifications. Your nominated occupation must be on the Skilled Occupation Lists (SOL);
Recent work experience – you must demonstrate that you have been employed in an occupation listed on the SOL for at least 20 hours a week, in a paid position for at least 12 of the 24 months immediately before lodging your application.

Skills Assessment

During the application process, you may be asked to have your skills assessed as suitable for your occupation by an assessing authority in Australia. You also have to find out whether your occupation requires you to be registered, licensed or to be a member of a professional or industry organization. These assessing authorities are responsible for undertaking skills assessment for migration purposes and are not employment agencies.

Reference:

http://www.immi.gov.au/skilled/_pdf/sol-schedule3.pdf

Aside from your skills assessment, you may need to obtain licensing or registration in your occupation before you can work in the state or territory where you will reside. Additional training or membership of a particular industry association may also be required.

If you cannot satisfy these basic requirements, you will not be eligible to apply for General Skilled Migration.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

General Skilled Migration visa categories (Offshore)

You need to select the visa with the requirements you think you will be able to meet before you lodge your application. There are 3 categories namely Permanent, Provisional and Temporary. If you cannot meet the requirements for one of the permanent visas, a provisional or temporary visa can provide a pathway to permanent residence.

Permanent visas

For these types of visas, you must be highly skilled, hold a post secondary qualification and have good English language skills. These visas are also points-tested so you will need to have sufficient skill points to reach the pass mark.

Permanent 1: Skilled Independent Visa (subclass 175)

This visa is for you if you have good English language skills and you have skills and qualifications in an occupation which is in need in Australia. Your occupation must be included in the Skilled Occupation List or what is commonly known as SOL. Each occupation listed on the SOL is allocated a points value to be used in the visa assessment process. Starting 01 July 2010, there is a new SOL which is being referred to as SOL Schedule 3. You will use this SOL if you will apply for skilled migration now.

A sponsorship is not required in this type of visa but you need to pass the Points Test. There is a Pass Mark which you have to meet in order to be eligible to apply for the visa. If you apply for this visa and do not pass the Points Test, you will be placed in the “pool”. Your application will be in the “pool” for two years. Currently, the Pass Mark for a Skilled – Independent Visa is 120 points and the Pool Mark is 100 points.

You need to satisfy the basic requirements and must submit evidence that you are under 45 years of age. You must also provide evidence that you have been employed in a skilled occupation for at least 12 of the last 24 months and must have been assessed by the relevant assessing authority as suitable for working in your nominated occupation.

How to Apply for a Skilled Independent visa

Before you lodge your application, you must pre-assess yourself. If your occupation is on the SOL and you have all the other qualifications (educational and skills), except for the English language ability and skills assessment, you may now take the English test (IELTS). There are agencies in your home country which conduct these tests so you have to register and be scheduled for the exam. This will be further discussed.

When you pass the English test, you can have your qualifications assessed by an assessing authority in Australia. All occupations in the SOL have their corresponding assessing authority. You have to contact the relevant assessing authority for your nominated occupation to arrange for an assessment of your skills. Each assessing authority has its own assessment procedures, timeframes and charges. They will let you know whether you have a positive assessment or you do not meet their requirements. When you receive a positive assessment, you can then prepare your application for a Skilled – Independent visa.

When preparing your application, you have to complete Form 1276 Application for general skilled migration to Australia and pay the correct visa application charge. All documents must be certified copies, you must include your passport-sized photos and copies of the bio page of your passport. You also need to submit evidences for the basic eligibility requirements such as a birth certificate to prove your age, your IELTS result to prove your English language ability, your assessment from the assessing authority in Australia, your certificates to prove your educational and work qualifications and others. Please refer to the Application Document Checklist. Once you have completed all these, you are ready to lodge your application by post, courier or online.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Permanent 2: Skilled Sponsored visa (subclass 176)

This visa is for you if you meet the basic requirements and pass the points test. You must be sponsored by a state or territory government or sponsored by an eligible Australian relative. Your sponsor must be an Australian citizen, a permanent resident or an eligible New Zealand citizen.

You or your partner must be related to your sponsor as:

a child or step child
parent or step parent
brother or sister or step brother or step sister
niece or nephew or step niece or step nephew
aunt or uncle or step aunt or step uncle

If the sponsor is related to your partner, your partner should be included in your application. To prove your relationship to your sponsor, you must provide a family tree or any documents, like birth certificates, etc. Your sponsor is required to sign a sponsorship undertaking which you will include in your application form.

If you will be sponsored by a state or territory government, you must be willing to reside in that state or territory. Participating states and territories select who is eligible for nomination on the basis of the skills in demand in their place. They will choose you if you are a skilled migrant who has a good chance of gaining employment in their place when you arrive in Australia. The state or territory is not an employer. If you accept a nomination, you must remain in that state or territory for at least 2 years, you will keep them informed of any change in your address before and after arrival in Australia, you will be prepared to complete surveys and provide information as required and you must meet any requirements of the nominating state or territory.

How to Apply for a Skilled Sponsored visa

You follow the same procedure for the Skilled – Independent visa except your sponsor needs to complete Form 1277 Application for sponsorship under general skilled migration. You also need to provide evidence of your relationship with your sponsor. You need to submit the same requirements as above. Please refer to the Application Document Checklist for Skilled – Sponsored visa.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Provisional Visas

These types of visas provide a pathway to permanent residence. They are points-tested but have a lower pass mark than the permanent visa and a lower level of English language ability.

Provisional 1: Skilled Regional Sponsored Visa (subclass 475)

As in the first two permanent visa categories, you must be able to satisfy the basic requirements if you choose to apply for a Skilled – Regional Sponsored visa. You must be able to pass the points test and be sponsored by an eligible Australian relative who lives in a “designated area” or nominated by a participating state or territory government agency. This visa is valid for 3 years and you must live, work and/or study in “regional Australia” or a “designated area”.

If you do not have “competent” English, you may still qualify under this category if you get an average band score of 6.0 (IELTS test) and you are sponsored by an eligible relative. An eligible relative was discussed in the Skilled – Sponsored visa category. Apart from the possible

Reference:

http://www.immi.gov.au/skilled/general-skilled-migration/designated-areas.htm

relationships mentioned, a first cousin and a grandchild or step grandchildren may also sponsor you. Again, to prove your relationship with your sponsor, you must provide a family tree and any documents and the address of your sponsor to prove that he/she lives in a “designated area”.

Before you lodge your application for a Skilled – Regional Sponsored visa, you need to find out whether your occupation is included in the new SOL Schedule 3. Check if you have the qualifications needed for this occupation before you take an English test (IELTS). When you pass IELTS, you contact the assessing authority in Australia which will assess your occupation as meeting the requirements. When you get a positive assessment, you can now prepare your documents for lodging your application. You have to complete Form 1276 and your sponsor has to sign a sponsorship Form 1277. Please refer to the Application Document Checklist for Skilled – Regional Sponsored visa.

If you are granted this visa, you can apply for a permanent visa with the support of an employer in regional Australia at any time. Once you have held your provisional visa for at least 2 years, you can apply for a permanent General Skilled Migration visa if you have lived for 2 years and worked full time for at least one year in a “designated area or “regional Australia”. You must have also complied with the conditions of your provisional visa.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Temporary Visas

Temporary 1: Skilled Recognised Graduate visa (subclass 476)

This visa is for you if you are under 31 years of age when your application is lodged and you have completed an Engineering degree at a “recognized university”, in a field in demand in Australia in the last 2 years. This visa is valid for 18 months and has no work or study restrictions. You and your family members can work, travel, undertake further professional studies or improve your English studies.

Example requirements for a Skilled Recognised Graduate visa

Age – you must be at least 31 years of age; you can provide your birth certificate, passport, baptism certificate, hospital records, ID issued by your government;
English language ability – you must have competent English language; you can provide evidence of your English language ability by taking the IELTS exam or you are a citizen and a passport holder of the United Kingdom, Canada, New Zealand, United States of America or the Republic of Ireland. You have to present your passport or your IELTS test result form;
Eligible qualifications – you must have completed an Engineering degree from a recognized university; you can provide your eligible degree qualification such as a bachelor’s degree, a masters degree, a doctoral degree or a postgraduate diploma;
Recognised overseas institution – you must have finished your eligible Engineering degree qualification at a recognized overseas institution;
Location – you must be outside Australia at the time that a decision is made on your application; the Department will send their advice to the last contact address you provided; if you are in Australia at time of decision, you have to leave because failure to depart would result to refusal;
Health – you must meet the health requirements; the Department will advise you when to have the medical examination;
Character – you must be of “good character”; you may be asked to submit a police clearance;
Australian Value Statement – you have to sign a declaration in the application form that you will respect Australian values and obey Australian laws.

How do you Apply for a Skilled Recognised Graduate (Temporary) visa

Aside from the requirements above, you have to complete Form 1276 Application for general skilled migration to Australia. You also have to pay the visa application charge, provide copies of your passport or travel document, submit 2 passport sized photos of yourself and any accompanying family member (if any), certified copies of your passport bio page, your marriage certificate and evidence of any change of name. Once you have completed the requirements and the application form, you then lodge it by post, courier or online to the nearest Immigration office in your area.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Temporary 2: Business (Long Stay) visa – Standard Business Sponsorship (subclass 457)

This visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers if they cannot find an appropriately skilled Australian. This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. This visa allows businesses to employ overseas workers for up to 4 years in skilled occupations only. You can find the list of occupations that are eligible under the subclass 457 visa program on the Department’s website. Under this visa, you can work in Australia for a period of between one day and 4 years, bring your eligible dependants in Australia where they can work and study and after entering Australia, you have no limit on the number of times you can travel in and out of Australia.

Reference:

http://www.immi.gov.au/skilled/general-skilled-migration/476/recognised-institutions.htm

Example requirements of an Employer for Temporary Business (Long Stay) visa

An employer needs to be approved as a sponsor so he can employ skilled workers from overseas. He must meet the following requirements to become a sponsor:

If an employer has business in Australia, he must be able to meet the training standards of Australian citizens and permanent residents;
If an employer has business that has no formal operating base or representation in Australia, he may apply to bring employees to Australia to establish a business operation in Australia or fulfill obligations for a contract or other business activity in Australia;
As an employer, he needs to attest that he has a strong record of, or a demonstrated commitment to employ local labour and non-discriminatory employment practices – the business must not have adverse information such as conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency.

Example requirements of an Employee for Temporary Business (Long Stay) visa

As an employee, you must be sponsored by an employer to fill a nominated position, you must have the skills, qualifications, experience and an employment background which match those required for the position, you have demonstrated English language proficiency (you must score at least a band score of 5 on each of the 4 test components in the IELTS) and you must be eligible for any relevant licences or registration needed for the position. You must also meet the health requirements and you will be required to maintain your health insurance. You must meet all character requirements, you may be asked to have your trade occupation assessed and you must declare that you will respect Australian values and obey Australian laws.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Application Stages for a Temporary Business (Long Stay) visa

If you and your employer are willing, able, and eligible to meet your obligations under the Temporary Business (Long Stay) visa, you may start with the 3-step process. First, the Sponsorship stage wherein the employer applies for approval as a standard business sponsor. This is required to nominate an occupation for this type of visa. The employer completes

Form 1196S Sponsoring overseas employees to work temporarily in Australia, pays the appropriate non-refundable charge and prepares all documents needed for his sponsorship application. He can lodge the sponsorship application by post, by courier or online to either the Sydney office, Perth office or Melbourne office (Centres of Excellence).

Second, the Nomination stage wherein the employer nominates an occupation to be filled, skills and experience needed for the position, provides the market salary rate to be paid to you and your name as a prospective overseas employee. He completes Form 1196N Nominating overseas employees to work temporarily in Australia, pays a non-refundable visa charge and prepares all documents. The employer can lodge the nomination application by post, by courier or online to any of the Centres of Excellence.

The third stage involves the Visa Application stage wherein you (employee) apply for a subclass 457 visa. The sponsorship and nomination must have been lodged with or prior to the visa application. You have to complete Form 1066 Application for a Subclass 457 – Business (Long Stay) visa, pay the visa application charge and prepare all documents needed for your application. You then lodge it to any Centre of Excellence by post, courier or online.

What happens after you lodge your visa applications?

All applications for skilled migration visas are sent to the Adelaide Skilled Processing Centre (ASPC) either by post or courier. You can also apply online. Once your application is received at the ASPC, the Department will send you an Acknowledgment Letter stating that they have received your application and you will be given a file number.

There are new priority processing arrangements starting on 14 July 2010 and these apply to the Employer Nomination Scheme (ENS), Regional Sponsored Migration Scheme (RSMS) and the General Skilled Migration (GSM) visas. Priority 1 are the applications from people who are employer sponsored under the ENS and the RSMS and Priority 2 are the applications from people who are nominated by a state or territory government agency with a nominated occupation that is specified on that state or territory’s state migration plan. Priority 3 are the applications from people who have nominated an occupation on the new Skilled Occupation List (SOL) and Priority 4 are all the other applications to be processed in the order that they are received.

Processing would approximately take up to 2 years for some applications. If there are changes in your circumstances, you have to advise the ASPC. The Department will send you an email advising you to undergo medical examination and submit a police clearance. If there is no problem with your medicals, your visa would only take a shorter time to finalise. But if the Department would request additional documents from you, you have to make sure that you submit the requirements within the time given to you. If not, your application will be decided based on the information you have given.

You will be notified by the Department once a decision has been made on your application. So if you plan to travel to Australia for a visit, you should inform the Department because if you lodged your application outside Australia, you must be outside Australia when your visa is granted. You then present your passport to the Immigration office where you lodged it and a visa will be stamped on your passport.

Reference:

http://www.immi.gov.au/skilled/general-skilled-migration/updated-priority-processing-arrangements.htm

If your application is refused, you will be advised the reason for the refusal and, if applicable, where you can apply for merits review of the decision. You will also be notified of your time to seek review.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Employer Sponsored Programs

Employers can sponsor highly skilled overseas workers, or workers who are currently in Australia on a temporary basis, for permanent residence to fill vacancies in their business. There are 3 employer sponsored programs namely the Employer Nomination Scheme (ENS), the Regional Sponsored Migration Scheme (RSMS) and the Labour Agreement (LA).

Employer Nomination Scheme (ENS)

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia. The objectives of the ENS are to allow Australian employers to satisfy genuine skills shortages by recruiting skilled workers; enhance Australia’s ability to compete globally, maintain training opportunities for existing employees, ensure the integrity of the skilled migration program and ensure there is a net benefit to Australia.

The ENS has 2 stages. In Stage 1, the employer lodges an employer nomination using Form 785 Employer Nomination under the Employer Nomination Scheme and provides all the necessary supporting documents. To be eligible as an employer, there should be a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in Australia. The employer should have a satisfactory record of training employees or, in the case of a newly established business, can demonstrate he has a satisfactory training framework in place. He should have a satisfactory record of compliance with Australian immigration and workplace relations laws and he should not have any adverse information against it or its officers. Aside from these, the nominated position should correspond to an occupation specified on the Employer Nomination Scheme Occupation List (ENSOL). The nominated position will provide employment on a full-time basis for at least 3 years. It should provide working conditions which are no less favourable than those provided for under the relevant Australian legislation and awards. It should also pay a salary that is at least the specified minimum salary level for the occupation.

If the nomination is approved, the nominee must lodge a visa application within 6 months of the approval date. The Department will advise the employer if the nomination is approved. If it is not approved, the employer will be advised in writing of the reasons for the decision. This is reviewable by the Migration Review Tribunal (MRT).

Reference:

http://www.comlaw.gov.au/Details/F2010L03158

Stage 2 of the ENS processing involves the nominee (visa applicant) who lodges a visa application. These are processed within Centres of Excellence located in Perth, Melbourne and Sydney. The visa application should be lodged after or at the same time the employer nomination is lodged. At the latest, the visa application must be lodged within 6 months after the employer nomination has been approved. You should lodge your visa application with the same Centre of Excellence that processed the employer nomination to avoid any delays in processing.

When you are granted a visa for the Employer Nomination Scheme, it allows you and any dependent family members included in your application to live as permanent residents in Australia. As such, you live and work in Australia on a permanent basis, you can study at a school or university in Australia, you can receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS), you can access certain social security payments, you can be eligible for Australian citizenship subject to the residency eligibility criteria and you can sponsor people for permanent residence.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Regional Sponsored Migration Scheme (RSMS)

The RSMS allows Australian employers in regional and low population growth areas of Australia to sponsor employees who are foreign nationals for permanent residence in Australian to fill skilled vacancies in their business. The employer’s business, as well as the nominated position, must be located in regional or low population growth areas, which include all of Australia except for Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth.

The objectives of the RSMS are to encourage migration to areas outside the major metropolitan centres and enhance Australia’s ability to compete globally by satisfying genuine skill shortages in regional and low population growth areas of Australia.

The RSMS has 3 stages. Stage 1 is the Certification of the nomination wherein a nomination made under the RSMS cannot be approved by the Department unless it has been certified by a Regional Certifying Body at the time of lodgment. Employers need to submit Form 1054 Employer nomination under the Regional Sponsored Migration Scheme to a Regional Certifying Body. There are a number of Regional Certifying Bodies throughout Australia which are endorsed by the relevant state or territory government. These organizations have the knowledge of the skills shortages in their local area, know whether a business is actively operating in their local area and are able to assess positions under the legislative requirements of the scheme. Form 1054 must be certified by the relevant Regional Certifying Body before it can be assessed by the Department but certification does not guarantee that the nomination will be approved.

Reference:

http://www.immi.gov.au/skills/regional-certifying-bodies.htm

Stage 2 is the nomination by the employer. He lodges the certified nomination with all supporting documents, with a Centre of Excellence located in Perth, Melbourne or Sydney. The Department assesses the nomination by the employer against the following criteria: the employer has a satisfactory record of compliance with Australian immigration and workplace relations laws; the employer does not have any adverse information against it or its officers; and the nominee will be employed on a salary and working conditions that accord with the relevant Australian legislation and awards.

Stage 3 is the nominee’s application for visa. Before you lodge your application, you must meet all the requirements at the time of lodging an application. You must have the relevant qualifications for the nominated position, which is at least an Australian equivalent trade, diploma or higher qualification; meet any mandatory licensing, registration or professional membership requirements; have been offered a full time position for a fixed term of at least 2 years; be under 45 years of age and have functional English language ability. You complete and lodge form 47ES Application for employer sponsored migration to Australia. You lodge your completed application form with the same Centre of Excellence where the corresponding employer nomination was lodged to minimize any processing delays. You must lodge it within 6 months of the approval of the employer nomination.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

Labour Agreement (LA)

A Labour Agreement is a formal agreement between an employer and the Commonwealth government, represented by the Department and DEEWR, allowing the recruitment of a specified number of skilled workers from overseas in response to identified skill shortages in the Australian labour market. It is designed to ensure that overseas recruitment supports the longer term improvement of employment and training opportunities for Australians. Employers are required to make commitments to the employment, education, training and career opportunities of Australians as part of the agreement. They must also demonstrate that there is a genuine employer-employee relationship.

Processing of a negotiated agreement consists of 3 stages. Stage 1 is negotiating a Labour Agreement wherein an employer will be asked to provide information that will include the background of the company, the benefits the agreement will provide to Australia, the types of occupations and skill level sought, evidence of skills shortage, the level of English language skills required to perform the work, salary and work conditions and the employer’s training programs.

It may take time for Labour Agreement negotiations to be finalized because employers should first consider whether there are any other visa options that could meet their requirements before commencing negotiations. It will come into effect when it has been signed by all parties involved in the negotiations. A Centre of Excellence located in Perth, Melbourne or Sydney will process all employer nominations and visa applications lodged through a Labour Agreement.

Stage 2 is the nomination by the employer. The employer lodges an employer nomination with the relevant Centre of Excellence using Form 1192 Employer nomination for a permanent appointment (Labour Agreement, Regional Headquarters Agreement or Invest Australia Supported Skills Agreement). The Department then assesses the employer nomination against the following criteria: the nominated position relates to occupations and skills which are specified in the agreement; the nominated position does not exceed the agreed ceiling for the Labour Agreement; the salary and work conditions are provided in accordance with the Labour Agreement; the nominee (visa applicant) is less than 45 years old; and the nominee satisfies the English language requirement. If the employer nomination is approved, the employer should advise the nominee to lodge a visa application.

Stage 3 of the process is the nominee’s application for a visa. You must complete and lodge Form 47ES Application for employer sponsored migration to Australia and pay the first instalment of the Visa Application Charge. You should provide all your supporting documents and information when you lodge your visa application. A copy of the approval letter, if the nomination has been granted, should also be included. You should lodge it at the same Centre of Excellence where the corresponding employer nomination was lodged to minimize any processing delays.

After you lodge your Employer Nominated Program

A decision on the application will be made on the basis of information you have provided and the legal requirements which apply at the time you lodged your visa application. If your circumstances change after you have lodged your application, you will need to inform the relevant Centre of Excellence of your new circumstances.

Processing times vary depending on “high risk” or “low risk” country requirements.

If your visa is approved, a letter will confirm your visa approval, your visa grant number, let you know of any conditions attached to the visa and advise you of the dates from which the visa is valid. You should not make travel arrangements to Australia until after you have been granted your visa.

If your visa is refused, you will be notified in writing and the reasons for refusal will be given. You will also be advised if you may seek a review of the decision and the time you have to do so. The review will address the merits of the decision and will be undertaken by a body independent of the department.

(These are general instructions only, please contact a Migration Agent for advice on your personal situation).

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