Including Dependents On Your Visa Application
The Australian Government has introduced far reaching changes to the definition of Member of the Family Unit (MoFU) for the purpose of most visa applications. There are now significant limitations on the class of persons that can be considered part of MoFU and hence be included in a visa application.
Character Assessment of Australian Sponsors of Partner Visa Applications
From 18 November 2016, Australian citizen and permanent resident Sponsors of Partner Visa and Prospective Marriage Visa applications (“a partner visa”), are subject to character testing. In line with current Australian Government strategies to reduce family violence in the Australian community, the new provisions have been introduced to prevent Australians who have committed a relevant offence from being able to sponsor someone for a partner visa.
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China Overtakes UK as the Largest Contributor to Immigration in Australia

The contents of this article are correct as at 1 September 2011.

For the first time in its history, Australia has accepted more Chinese than British migrants in any one year. Australia accepted 29,547 migrants from China between 30 June 2010 and 30 June 2011, while UK immigrants amounted to a total of 23,931 during the same period.  The reason for this surge in Chinese immigration is undoubtedly Australia’s mining and energy boom and Australian business’s continued high demand for skilled and semi-skilled workers.  China has urged Australia to address its shortage of skilled labour to enable Chinese businesses to maximise its investments in the country.  One of the ways that Australia is able to do so is through its migration programs, including skilled worker and skilled migration pathways.

There are a number of visa options commonly used by Chinese citizens applying from overseas.  Below is a brief summary of these visas and what is required of the visa applicant in terms of eligibility.  One eligibility requirement common to all visas is that the applicant has to demonstrate a certain level of English language skills.  In some cases there are also specific requirements for Chinese nationals relating to verification of qualifications and work experience, as well as health and character assessment. 

Visa Lawyers Australia Pty Ltd has a wealth of experience in assisting Chinese nationals through the application process, whether they are in Australia or overseas. 

 

Employer Sponsored Workers

Temporary Business (Long Stay) (subclass 457) visa

The subclass 457 visa is the most commonly used by businesses to sponsor foreign nationals to work in Australia on a temporary basis.  The visa lets Australian or overseas businesses employ foreign workers for up to four years in certain nominated skilled occupations.  The business has to be approved by the Australian government as an eligible employer.

The prospective employee has to have skills, qualifications, experience and an employment background which matches those required for the position.  A formal skills assessment is required for some trade occupations.    

Holders of the subclass 457 visa may bring any eligible family members, including same-sex partners, who have unrestricted work and study rights in Australia.  The visa has no limits on the number of times the visa holder can travel in and out of the country.  Subclass 457 visa holders can convert to Australian permanent residency status.

We would be happy to provide further information about the 457 visa scheme including the wide range of occupations that are eligible. Please click this link to contact Visa Lawyers Australia with any enquiries.

 

Employer Nomination Scheme (subclass 121)

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor highly skilled foreign workers for a permanent visa to work and live in Australia.  In order to be eligible for permanent residency under this visa program, an employer has to nominate the prospective employee for a full-time on-going position – available for at least three years – related to an occupation listed on the .  The prospective employee must demonstrate appropriate skills, qualifications and/or experience to fill the position and be under 45 years of age (although if the appointment is exceptional, the employee may be over 45 years of age).

Under some circumstances, visa applicants may be able to seek exemption from skill, language or age eligibility requirements.

Any dependent family members included in the visa application can also live as permanent residents in Australia.  

We would be happy to provide further information about the employer nomination scheme including the occupations that are eligible. Please click this link to contact Visa Lawyers Australia with any enquiries.

Regional Sponsored Migration Scheme (Subclass 119)

The Regional Sponsored Migration Scheme (RSMS) 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 the country.  The employer has to offer the prospective employee a full-time position (supported by evidence of a contract or letter of appointment signed by both the employer and the employee) in a regional area for a minimum of two years.  The prospective employee must have the relevant qualifications for the nominated position and be under 45 years old (although if the appointment is exceptional, the employee may be over 45 years of age).

This visa subclass also allows for any dependent family members included in the application to live as permanent residents in Australia.   

We would be happy to provide further information about the regional sponsored migration scheme. Please contact us with any enquiries.

General Skilled Migration

Skilled – (Residence) Visas (Subclasses 175 and 176)

A foreign national can apply for permanent residency under these visa subclasses without sponsorship from an employer.  To be eligible, applicants will need to pass a points test used to select applicants with skills and attributes needed in the Australian labour market.  The applicant must also be under 50 years of age at the time of application, nominate a skilled occupation on the Skilled Occupation List (SOL), hold a skills assessment for that occupation at the time of application and

1.       provide evidence of recent skilled employment in a skilled occupation, or

2.       have recently completed two years of study at an Australian institution.

In some circumstances, applicants may be able to apply to Australian State or Territory governments to support the permanent residency application where the skilled occupation is in particular demand in that region of Australia.

We would be happy to provide further information about general skilled migration including the occupations that are eligible. Please click this link to contact Visa Lawyers Australia with any enquiries.

Business Skills

There are a number of visa options available for business people.  Business migrants are granted a Business Skills Provisional or Temporary Visa for 4 years.  After establishing a business in Australia or maintaining their eligible investment in Australia, they are eligible to make an application for a Business Skills Permanent Residence Visa.  In order to be eligible for a visa under this program the applicant(s) must fall below the age limit, have an overall successful (business) career and satisfy certain requirements related to their business.

We would be happy to provide further information about business skills migration including the occupations that are eligible. Please click this link to contact Visa Lawyers Australia with any enquiries.