Professional Accreditations

MIA LIV AALA

 

Ph: +613 9886 6802   Email: jamestan@immigrationlawyer.com.au
Address: 266 Hawthorn Road Vermont South VIC 3133 AUSTRALIA
Migration Agents Registration Numbers: 9686457, 0323184, 0745728, 1173628

Visa Information

General Skilled Migration Visas

GENERAL SKILLED VISAS

1. General. Australia has a non-discriminatory immigration policy. Anyone from any country regardless of origin, religion or sexual preference can apply to migrate to Australia. However, all applicants for permanent residence or in some cases temporary residence entry to Australia must meet the health requirement and character requirement. This is to ensure that no one is allowed entry into Australia if his or her presence in Australia would not be in the interest of the Australian community.

2. Australia's yearly migration program places emphasis on attracting new migrants who have the education, business or work skills, which will contribute to Australia's economic growth. Usually they would have at least one of the following characteristics: -

  • A high level of education and occupational skills; or
  • A good track record in business; or
  • Outstanding talents in a particular field.

3. Migrants are selected from four major streams namely: -

  • General Skills Migrant Stream;
  • Business Skills Migrant Stream;
  • Employer Sponsored Stream;
  • Family Reunion Migrant Stream;
  • Refugee & Humanitarian Stream.

GENERAL SKILLED MIGRATION (GSM) PROGRAM

4. Australia's GSM program is designed to attract young, highly skilled applicants, with a good level of English language ability and skills in particular occupations that are required in Australia. These occupations are listed on Australia's Skilled Occupation List (SOL).( http://www.immi.gov.au/Work/Pages/skilled-occupations-lists/skilled-occupations-lists.aspx) If an applicant's occupation is not in the Skilled Occupations List, the applicant is invited to contact James Tan Immigration Consultants for a more detailed opinion as this problem may be resolved in certain exceptional cases as some Australian states or territory may have an occupation that is in demand in that state or territory but is not listed in the Australian Department of Immigration’s skilled occupations list.

5. Applicants applying for a GSM visa must meet the following basic requirements:-

  • Be under 50 years of age at the time they apply.
  • Have their skills assessed in an occupation in the SOL as being suitable for the occupation nominated by the relevant skill assessing authority.
  • Have a level of English language ability of at least 6.0 points in each of the 4 bands of the IELTS “General Training” or other approved English Test.
  • Must score at least 60 points in the Points Test.
  • Have lodged an Expression of Interest (EOI) through Skill Select with the Department of Immigration and subsequently received an invitation to lodge his or her visa application.
  • Once an invitation is received from Skill Select the applicant must lodge his or her visa application online within 60 days from the date of invitation.

6. Currently the visa structure for the General Skilled Migration Stream is divided into the following categories:-

  • Skilled Independent (Subclass 189) Visa;
  • Skilled State/Territory Nominated (Subclass 190) Visa;
  • Temporary Graduate (subclass 485) Visa;
  • Skilled Regional (Provisional) Subclass 489 Visa.

7. The Skilled Independent Subclass 189 visa. This visa is for skilled applicants and can be lodged either onshore or offshore. If lodged onshore the applicant will be granted a Bridging A visa whilst waiting for the application to be finalised. Applicants for this visa do not require state/territory nomination and will require a minimum of 60 points to be eligible to apply.

8. Skilled State/Territory Nominated Subclass 190 Visa. Applicants for this visa must be nominated by an Australian state or territory and will require a minimum of 60 points to be eligible to apply. This application can also be lodged onshore or offshore. In order to be nominated by a state or territory an application for nomination is usually submitted to the chosen state by the applicant first before the EOI is lodged.

9. Temporary Graduate Subclass 485 Visa. To be eligible to apply for this visa the applicant must meet the following pre-requisites:-

  • Must be not more than 50 years old;
  • Must be in Australia and the application must be lodge onshore;
  • Must hold an eligible visa;
  • Must have studied in Australia for at least 2 academic years;
  • Must have at least competent level of English Language proficiency;
  • Must have recently completed a course of study, that is, not more than 6 months ago at the time of lodgement of the visa application;
  • Must have a successful skill assessment in an occupation in the Skilled Occupations List; ( http://www.immi.gov.au/Work/Pages/skilled-occupations-lists/skilled-occupations-lists.aspx)
  • Must have already submitted an application to the Australian Federal Police for a certificate of no criminal conviction.

10. The Temporary Graduate Subclass 485 visa has two streams:-

  • Graduate Work Stream. This visa is for international students with an eligible qualification who graduate with skills and qualifications that relate to an occupation in the Skilled Occupations List. The visa when granted will be valid for a period of 18 months to enable the applicant to live and work in Australia.
  • Post Study Work Stream. This visa is for international students with a higher education degree from an Australian university or education provider, regardless of their field of study. The stream is only available to student who applied for, and was granted their first student visa to Australia on or after 05 November 2011. A visa in this stream when granted will be for a period of 2 to 4 years depending on the visa applicant’s academic qualifications.
  • Upon the grant of either of the visa above the visa holder will have the opportunity to work and gain work experience in Australia or to improve his IELTS Test results to improve his or her Points Test scores to be eligible to apply for either a GSM visa or an employer sponsored visa.

11. The Skilled Regional (Provisional) Subclass 489 Visa. This visa is generally suitable for an applicant who is not able to achieve the necessary 60 points without either sponsorship by an eligible relative living in a designated area or nomination by a state or territory government agency. When granted this visa it enables the visa holder to live and work in a designated area for 4 years. As usual the applicant must first submit an EOI through Skill Select and wait for an invitation to issue from Skill Select. Once the invitation letter is received the applicant has 60 days to lodge his or her visa application. This visa will enable the visa holder to apply for permanent residence after residing in the designated area for two years and work for at least one year or be self employed for one year as well through the Skilled Regional Subclass 887 visa.

12. To be eligible to apply for the visa the applicant must meet the following pre-requisites:-

  • Must not be more than 50 years old;
  • Must have a suitable skill assessment in the occupation in the SOL;
  • Must have at least competent English;
  • Must either be sponsored by an eligible relative living in a designated area of Australia or be nominated by an Australian state/territory government agency;

13. Upon successfully operating a business or gainful employment for at least one year and have resided for at least two years in the designated area the visa holder is then eligible to apply for permanent residence through the Skilled Regional Subclass 887 visa.

14. Skilled - Regional (subclass 887) Visa. This visa when granted is a permanent residence visa. To be eligible to apply the applicant must have the following pre-requisites:-

  • Must have lived in the designate area for at least two years; and
  • Must have been gainfully employed (at least 35 hours per week) or operated a business successfully for a period of at least 12 months.

15. This visa is not points tested and is for applicants who have held one of the following provisional GSM visas for at least two years:-

  • Skilled - Independent Regional (Provisional) (subclass 495)
  • Skilled - Designated Area-sponsored (Provisional) (subclass 496)
  • Skilled Regional (Provisional) Subclass 489 Visa.
  • Skilled - Regional Sponsored (Provisional) (subclass 475 and 487) and have met residence and work requirements.

16. Points Test. Generally, unless otherwise specified all applicants for the GSM category of visas must pass the Points Test. Applicants are awarded points for:-

  • Age
  • English Language Ability
  • Australian Work Experience
  • Overseas Work Experience
  • Educational Qualifications
  • Australian Study Requirement
  • Credentialed Community Language, or Partner Skills Qualifications, or Study in Regional Area
  • Nomination by a State, or Sponsorship by an Eligible Relative

17. Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

18. Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Immigration Consultants for an accurate and quick assessment of your specific case.

Business Skills (Temporary) Subclass 188 Visas

Business Skills (Temporary) Subclass 188 Visas

The pathway to permanent residence in Australia for Business Migrants consist of two stages. You must first apply for the Business Skills (Temporary) Subclass 188 visa which consist of five streams, namely the Business Innovation Stream, the Investor Stream, the Significant Investor Stream, the Premium Investor Stream and the Entrepreneur Stream. This visa is normally granted for a period of 4 years and 3 months. Subsequent to meeting the necessary criteria for permanent residence you may then apply for the Business Skills (Permanent) Subclass 888 visa in the same stream that you applied for your Business Skills (Temporary) Subclass 188 visa.

Australia’s Business Skills Program encourages successful business people to settle in Australia and use their proven business attributes to develop business activities in Australia. Business migrants are particularly welcomed if an applicant is capable of or have a strong business background of:

  • Developing international markets.
  • Transferring capital and making investments.
  • Creating or maintaining employment.
  • Exporting Australian goods and services.
  • Introducing new or improved technology.
  • Substituting Australian made products for goods that would otherwise be imported.
  • Adding to commercial activity and competitiveness within sectors of the Australian economy.

Since 01 July 2012 the majority of all Business Skills migrants are required to enter Australia initially on a provisional (temporary) visa for four years three months and, after satisfactory evidence of a specified level of business or investment activity, may apply for permanent residence. These arrangements continue to provide for the entry of business owners, investors, and high net worth applicants.

Currently the five streams of temporary Business Skills visas are:

Business Innovation Stream

To be eligible to apply for this stream you must:

  • Be under 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 nominating state or territory.
  • Score at least 65 on the points test.
  • For two out of the four fiscal years immediately before you are invited to apply, you have had an ownership interest in an established business or businesses that had at least AUD$500,000 turnover in each of those years.
  • Own at least one of the following percentage of your nominated main business:
      1. 51% if the business has a turnover of less than AUD$400,000 per year.
      2. 30% if the business has a turnover of less than AUD$400,000 per year.
      3. 10% if the business is a public listed company.
  • Have an overall successful business career.
  • Have a genuine desire to continuously own and maintain a management role in a business in Australia.

The following additional pre-requisites must also be met:

  • If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.
  • At the time of invitation, you, your partner, or you and your partner combined must have total net business and personal assets of at least AUD$800,000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.
  • You and your partner must have had no involvement in unacceptable business or investment activities.

Investor Stream

To be eligible to apply for this stream you must:

  • Be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory.
  • Score at least 65 on the points test.
  • Have a high level of management skill in relation to the eligible investment or qualifying business activity.
  • Have at three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments.
  • Have an overall successful record of eligible investment or qualifying business activity.
  • Have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured.
  • Have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.

You, your partner, or you and your partner combined must:

  • For at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
    1. A qualifying business in which you, your partner or you and your partner combined had at least 10% ownership interest, or
    2. Eligible investments owned by you, your partner or you and your partner of at least AUD$1.5 million.
  • During the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD$2.25 million that are available for legal transfer to Australia within two years of the visa being granted.
  • Make a designated investment of at least AUD$1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory.
  • You and your partner have had no involvement in unacceptable business or investment activities.

Note: Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.

Significant Investor Stream

To be eligible to apply for this stream you must have a genuine and realistic commitment to:

  • Reside in the state or territory whose government agency nominated you.
  • Continue your business and investment activity in Australia after the conclusion of your provisional visa when you have obtained your permanent residence.
  • Live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse has resided in Australia for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.

You must make a complying significant investment of at least AUD$5 million over four years in the following proportions:

  • At least AUD$500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies.
  • At least AUD$1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.
  • A ‘balancing investment’ of at least AUD$3 million in managed funds that may invest in a range of assets, including ASX-listed companies, Australian corporate bonds or notes, annuities and commercial real estate,

The following additional pre-requisites must also be met:

  • You, your partner, or you and your partner combines must have net assets of at least AUD$5 million that are legally acquired, unencumbered, and available to be used to make complying investments in Australia.
  • You and your partner must not have been involved in unacceptable business or investment activities.
  • You and members of your family over the age of 18 included in your application must agree not to bring any action against the Commonwealth of Australia for any loss to your complying investments.
  • You accept that the income you earn from your complying investments in Australia is subject to tax under Australian taxation law.
  • You accept that your investments must not and cannot be used as security or collateral for a loan.
  • You agree not to make any direct investment in residential real estate although indirect investment through managed funds is strictly limited.
  • You agree to make your complying investment or complying significant investment of at least AUD$5 million over four years.

Important Note:  You are advised to seek independent legal advice in relation to ensuring that the investment you made for the purpose of this stream is a ‘complying significant investment.’

Premium Investor Stream

You can apply for the Premium Investor Stream only by nomination of Austrade on behalf of the Australian government only. You must make a complying investment of at least AUD$15 million in any of the following options:

  • Australian securities exchange listed assets.
  • Australian government or semi-government bonds or notes.
  • Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating agency.
  • Australian proprietary limited companies.
  • Real property in Australia excluding residential property.
  • Deferred annuities issued by Australian registered life companies.
  • State or territory government approved philanthropic contribution.

The following additional pre-requisites must also be met:

  • Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
  • You must also have a genuine and realistic commitment to continue your business and investment activity in Australia after you have obtained your permanent residence in Australia.
  • You, your partner, or you and your partner combined must have net assets of at least AUD$15 million that are legally acquired, unencumbered, and available to be used to make your complying investment in Australia.
  • You and your partner must not have been involved in unacceptable business or investment activities previously.
  • You, your partner and any other member of your family over the age of 18 included in your application must agree not to bring any action against the Commonwealth of Australia for any loss to your complying investment.

Entrepreneur Stream

To be eligible for this stream you must:

  • Be under 55 years of age, although a state or territory can waive this requirement if your proposed complying entrepreneur activity will be of exceptional economic benefit to the nominating state or territory.
  • Have competent English and be able to provide evidence of this at the time you are invited to apply for the visa.
  • Be undertaking or proposing to undertake a complying entrepreneur activity in Australia and have a genuine intention to continue this activity.

A Complying Entrepreneur Activity is an activity that relates to an innovative idea that will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia. This activity must not relate to any of the following excluded categories:

  • Residential real estate.
  • Labour hire.
  • Purchase of an existing enterprise or a franchise in Australia.

An activity is a complying entrepreneur activity if all of the following requirements are met:

  • You have one or more legally enforceable agreements to receive funding with a total of at least AUD$200,000 from one of the following entities:
    1. Commonwealth Government agency.
    2. State or Territory Government.
    3. Publicly Funded Research Organisation.
    4. Investor registered as an Australian Venture Capital Limited Partnership or Early State Venture Capital Limited Partnership.
    5. Specified Higher Education Provided.
  • Under the agreement at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia.
  • You held at least 30 per cent interest in your entrepreneurial entity when you entered into the agreement.
  • You have a business plan for the entrepreneurial entity noting how your innovative idea will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

Important Points to Note

  • All the above 5 streams of visas are initially granted for a period of 4 years and 3 months.
  • Before an application can be lodge you are required to submit an Expression of Interest (EOI) together with a successful state or territory nomination to Skill Select.
  • All applicants and members of the family included in the application MUST also meet health and character requirements.
  • English language proficiency requirement is not a requirement except for the Entrepreneur Stream visa application.
  • All primary applicants must be under the age of 55 years of age except for applicants in the Significant Investor Stream and the Premium Investor Stream.
  • Only primary applicants for the Business Innovation Stream and the Investor Stream are point tested and are required to score at least 65 Points in the Points Test.

Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Consultants for an accurate and quick assessment of your specific case.

Business Skills (Permanent) Subclass 132 & 888 Visas

Business Skills (Permanent) Subclass 132 & 888 Visas

There are two pathways leading to permanent residence in Australia for Business Migrants namely through:

Business Skills (Permanent) Subclass 888 Visa

To be able to apply for this visa you must first apply for the Business Skills (Temporary) Subclass 188 visa which consist of five streams, namely the Business Innovation Stream, the Investor Stream, the Significant Investor Stream, the Premium Investor Stream and the Entrepreneur Stream. This visa is normally granted for a period of 4 years and 3 months. Subsequent to meeting the necessary criteria for permanent residence you may then apply for the Business Skills (Permanent) Subclass 888 visa in the same stream that you applied for your Business Skills (Temporary) Subclass 188 visa.

To be eligible to apply for the Business Skills (Permanent) Subclass 888 visa the following general pre-requisites are required:

  • You are the primary visa holder of a current Provisional Business Innovation & Investment Subclass 188 visa and you have met all the requirements of your Business Innovation & Investor visa in the stream in which you first applied for; or
  • You are the secondary visa holder (spouse or defacto partner of primary visa holder) and can meet all the primary requirements of the permanent Business Innovation & Investment visa in the relevant stream; or
  • You hold a Special Category (NZ) Subclass 444 visa and have met all the requirements of the Business Innovation stream; and
  • You and your partner have not been involved in any unacceptable or investment activities.

Additional general requirements you are required to satisfy are:

  • You have a satisfactory record of complying with all Australian Commonwealth laws and that of the state or territory in which you have been operating your business and employing employees relating to your business.
  • You have been nominated by an Australian state or territory or by Austrade on behalf of the Australian Government.
  • You and members of your family included in your application meet health and character requirements.
  • You have a realistic commitment to maintain business or investment activities in Australia.
  • You meet other requirements relevant to the particular stream in which you held your provisional Business Innovation & Investment subclass 188 visa.

Eligibility – Business Innovation Stream

To be eligible to apply for this visa you must have been residing in Australia and held:

  • A Business Innovation & Investment (Provisional) subclass 188 visa in this stream; or
  • A Special Category subclass 444 visa;

for at least one year in the two years immediately before you apply. In addition, you must be able to show ‘ongoing business involvement’ and meet certain financial requirements, and have a history of employing Australian or permanent resident workers. You must be able to show that you (or you and your partner together) have:

  • Had an ownership interest (and continue to have an ownership interest) and a direct and continuous management role in an actively operating main business (or main businesses) in Australia for the two years immediately before you apply.
  • Had an annual turnover of at least AUD$300,000 from the main business (or businesses) in the 12 months before you apply. (A nominating state or territory might agree to waive the requirement to show an annual turnover of AUD$300,000 if you live and operate business in a specified regional area of Australia).
  • Owned at least one of the following percentages of the main business (or main businesses) in Australia in the year immediately before you apply:
    1. 51% of a business if the turnover is less than AUD$400,000 per year.
    2. 30% of a business if the turnover is more than AUD$400,000 per year.
    3. 10% of a publicly list company.
  • Obtained an Australian Business Number for each of your main business.
  • Submitted Business Activity Statements to the Australian Taxation office for the two years immediately before you lodge your visa application.
  • Not acquired ownership of your main business (or two main businesses) from a previous applicant who was the applicant for a permanent residence business visa.

You (or your partner, or you and your partner together) must also demonstrate that you have achieved at least two of the following requirements:

  • A net value of business assets of at least AUD$200,000 in your nominated main business (or two main businesses) in Australia throughout the year immediately before you lodge your application.
  • A net value of personal and business assets of at least AUD$600,000 in Australia throughout the year immediately before you lodge your application.
  • Employed at least the equivalent of two full time employees in your main business or main businesses, throughout the year immediately before you lodge your visa application who are Australian citizens or permanent residents or holders of valid New Zealand passports and are not members of your family.

Eligibility – Investor Stream

To be eligible to apply for this visa you must have resided in Australia and held your provisional visa in the Investor Stream for at least two out of the four years immediately before you lodge your permanent residence visa application. In addition you (or you and your partner combined) must have held a designated investment with an Australian State or Territory for at least four years prior to lodging your Investor (Permanent) subclass 888 visa. This effectively means that even though you have accumulatively resided in Australia for at least two years you will not be able to lodge your Investor Stream visa until you have also held your designated investment with your nominated Australian State or Territory for at least four years as well.

Eligibility – Significant Investor Stream

To be eligible to apply for your permanent residence subclass 888 visa in the Significant Investor Stream you must have held at the time of your application a provisional Subclass 188 visa in the Significant Investor Stream. You must also have resided in Australia for 40 days accumulatively in the previous four years or your spouse or partner must have resided in Australia accumulatively for 180 days in the previous four years. In addition, you or your spouse or partner must have:

  • Held complying investments continuously for at least four years.
  • Operated a qualifying business under the private Australian company in which you have made a direct complying investment if applicable.

Note: The rules in force at the time you applied for your original Subclass 188 visa in the Significant Investor stream will continue to apply to you when your Subclass 888 visa application is assessed even though there have been changes in the law.

Eligibility – Premium Investor Stream

To be eligible to apply for the permanent Subclass 888 visa in the Premium Investor Stream, you must:

  • Have held a provisional Subclass 188 visa in the Premium Investor Stream at the time you lodge your application and also you have been nominated by the Australian Commonwealth Government.
  • Have held your provisional visa for a minimum of one year.
  • Have held your complying premium investments continuously for at least 1 year.
  • For the entire time have held your Subclass 188 visa in the Premium Investor Stream.

Eligibility – Entrepreneur

To be eligible to apply for permanent residence in the Entrepreneur Stream you must have held your Subclass 188 visa in the Entrepreneur Stream for the last four years. A successful record of entrepreneurial activity will be measured by a combination of key success factors and supporting success factors. You will need to demonstrate the completion of at least two key success factors or a combination of one key success factor and three supporting success factors.

Key success factors include:

  • Employing two or more Australians, permanent residents or eligible NZ citizens.
  • Generating an annual turnover of at least AUD$300,000.
  • Filing a provisional patent or acquiring a standard or innovation patent.
  • Receiving ongoing funding or investment in your entrepreneur activity.
  • Entering into a partnership with a university.
  • Selling an entrepreneurial venture for AUD$2,000,000.

Supporting success factors include:

  • Diversifying entrepreneurial activities into other business areas.
  • Receiving a statement of success from a state or territory government nominator.
  • Receiving sponsorship from the corporate sector.
  • Starting at least one other business or contributing to at least two other businesses.
  • Receiving formal awards or recognition.
  • Raising or contributing to social capital.

Entrepreneurial activities in Australia must not be in one of the following categories:

  • Residential real estate.
  • Labour hire.
  • Purchase of an existing enterprise or a franchise in Australia.

Business Talent (Migrant) Subclass 132 Visa

To be eligible to apply for this visa the applicant must be nominated by an Australian state or Territory of his/her choice. This category of visa has two streams:

  • Significant Business History stream: for high-calibre business owners or part-owners who want to do business in Australia.
  • Venture Capital Entrepreneur stream: for applicants who have sourced venture capital funding from a member of the Australian Venture Capital Association Limited (AVCAL).

Significant Business History Stream. The applicant, his/her partner, or both combined must have all of the following:

  • Total net assets of at least AUD$400,000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before the applicant is invited to apply and if the qualifying business is a public listed company, a shareholding of at least 10 per cent of the total issued capital.
  • Net business and personal assets of at least AUD$1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted.
  • A total annual turnover of at least AUD$3 million in one or more of the applicant's main businesses in at least two of the four fiscal years immediately before he/she is invited to apply.
  • Ownership of at least:-
    • 51 per cent of a business if the turnover is less than AUD$400,000 per year.
    • 30 per cent of a business if the turnover is more than AUD$400,000 per year, or
    • 10 per cent of a public listed company.
    • An overall successful business career.
    • No involvement in unacceptable business activities.
    • A genuine desire to own and maintain a management role in a business in Australia.

The applicant must also be younger than 55 years of age, although a state or territory can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate.

Venture Capital Entrepreneur Stream. To be eligible to apply for the visa under this stream the applicant must meet the following criteria:

  • Have received at least AUD$1 million in funding from an Australian venture capital firm.
  • The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.
  • The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet.
  • Have entered into a formal agreement with the venture capital firm for the funding.

Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Consultants for an accurate and quick assessment of your specific case.

Family Sponsored Visas

FAMILY SPONSORED VISAS

1.    General.  These are applicants who qualify on the basis of their family relationship to a sponsor in Australia and are essentially defacto or married couples, fiancés, interdependent partners, aged dependent relatives, orphan relatives, dependent child or children, and parents who meet the "balance of family test." They are exempt from the skills test and English language ability that are normally required for General and Business Skills migrants.

2.    Defacto or Married Couples and Interdependent Partners.  The applicant may choose to lodge his or her application onshore or offshore. To be eligible to apply for this visa the applicant must: -

  • Be in a married or defacto relationship or interdependent relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen and be sponsored or nominated by his/her partner or interdependent partner;
  • If the applicant is in a defacto relationship then he or she must show the Department of Immigration that the defacto relationship has been in existence for a minimum period of 12 months;
  • Be able to prove to the Department of Immigration that the relationship with the sponsor is genuine and continuing.

3. Fiancés.  The applicant must lodge his or her application offshore. To be eligible to apply for this visa the applicant must:-

  • Be engaged to be married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and be sponsored or nominated by his/her fiancé;
  • Be able to prove to the Department of Immigration that there is a genuine intention to marry his/her fiancé and live together in a married relationship within 9 months of the grant of the visa.

4.   Parents.  To be eligible to apply for this visa the applicant must: -

  • Be the parent of a child who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
  • The sponsoring child must be “settled” in Australia. This generally means that the sponsoring child has resided in Australia for at least two years;
  • Pass the balance of family test. This means that at least half of the applicant’s children must live permanently in Australia as Australian citizens or Australian permanent residents;

Depending on the applicant’s age the application can be lodged onshore or offshore.

5. Dependent Children. To be eligible for this visa the child applicant must be:

  • A biological child, stepchild or adopted child of the parent;
  • Sponsored by the same person sponsoring their parent with limited exceptions;
  • Able to meet health and character requirements;
  • Single (the child cannot be married, engaged to be married, or in a de facto relationship);
  • Younger than 18, or else be one of the following:-
    • Financially dependent on the parent holding the temporary Partner visa and
    • Incapacitated for work due to the total or partial loss of bodily or mental functions.

6. Aged Dependent Relative To be eligible for this visa the applicant:

  • Is sponsored by a relative or their partner who lives in Australia;
  • Do not have a spouse or de facto partner;
  • Meet the dependency requirements;
  • Meet the Australian pensionable age;
  • Have someone who will provide an assurance of support; and
  • Meet health and character requirements.

7. Orphan Relative To be eligible for this visa the applicant must:-

  • Be younger than 18 years old;
  • Be sponsored by a relative who is:
    • The brother, sister, grandparent, aunt, uncle or step-equivalent of the child;
    • Older than 18 years of age; and
    • An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
  • Not be married or in a de-facto relationship;
  • Be in situation where their parents are unable to care for them; and
  • Meet health and character requirements.

8. Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

9. Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Consultants for an accurate and quick assessment of your specific case.

Temporary Residence Visas

TEMPORARY RESIDENCE VISAS

1. General. Australia's temporary residence program is designed to allow overseas people to come to Australia for specific purposes that benefit Australia. There are many types of visas under this category of visa. Temporary residents are required to pay taxes on income earned in Australia. They do not have access to social welfare benefits or national public health cover. The Temporary Residence program consists of three streams:

  • Economic;
  • Social and cultural; and
  • International relations.

2. The Economic Stream. The common types of visas in this stream are:-

  • Business Entry visas - This visa allows employers to recruit skilled personnel from overseas for a stay of up to four years. The position being filled must meet minimum skill and salary thresholds.
  • Educational Visas - This visa allows education and research institutions or organisations to fill academic, teaching and research positions, unable to be filled from the Australian labour market.
  • Temporary Medical Practitioner Visas - This visa allows employers, or in some cases Government or community bodies to sponsor suitably qualified medical practitioners into positions which satisfy labour market requirements, for a stay of up to four years. Visa grants to medical practitioners have a strong focus on providing service to rural and remote communities.

3. The Social/Cultural Stream. The more common types of visas in this stream are:-

  • Religious Worker Visas. - for religious workers, including ministers, priests and spiritual leaders, to serve the spiritual needs of people of their faiths in Australia.
  • Retirement Visas - to allow for people over 55, who do not wish to work, extended temporary stay in Australia.

4. The International Relations Stream. The more common visas in this stream are:-

  • Working Holiday Visas - for young people from countries with which Australia has working holiday arrangements who want to holiday and travel in Australia, while having the opportunity to work for short periods of time. Australia has reciprocal working holiday arrangements with several countries.

5. Retiree Visa. This visa is generally for older, wealthy people who wish to live in Australia but who do not meet the requirements for any of the other migrant visas. To apply the applicant must meet the following requirements:-

  • Be at least 55 years old, have no dependents other than a married or defacto spouse;
  • The applicant's partner or defacto partner can be of any age but must not have any dependents;
  • Have no intention of working full time in Australia. However with effect from 01 March 2003 all retiree visa holders may work for a maximum of 20 hours per week;
  • Be of good heath and of good character and be prepared to purchase adequate health insurance when living in Australia.

6. Retirees have no right to Medicare or other social welfare benefits. Once the application is approved, the retirement visa will permit an initial stay of four (4) years with multiple entries and limited work rights up to 20 hours per week. Extensions are normally granted, provided all criteria and conditions for the visa are met.

7. Temporary Work Skilled Subclass 457 Visa. This visa is available for a sponsored employee who is sponsored by an Australian or overseas employer to overcome temporary skilled labour shortages by recruiting personnel from overseas. The successful applicant will be granted a visa to work for his/her employer for two to four years. The employer is required to provide evidence to show that: -

  • An Australian citizen or resident cannot be found to fill the job;
  • Adequate provision for training employees in work relevant to the business has been provided; and
  • The employee will be paid a minimum salary of approximately $53,900 per annum.

8. Australian employers can also recruit overseas workers under Labour Agreements concluded with the Department of Immigration. Such agreements are only worthwhile to conclude if there are 10 or more workers identified by the prospective employer.

9. With effect from 01 November 2002, legislation was introduced to provide for the special business needs of regional Australia. The changes allow for the current skill and salary threshold requirement for the subclass 457 visa to be waived in exceptional circumstances. The regional subclass 457 arrangement are only available to Australian businesses operating in, and seeking to nominate a position located in a regional area or an area of low-population growth. Overseas business sponsors, recruitment agencies, and labour hire firms are excluded from these regional concessions.

10. Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgment fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

11. Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Immigration Consultants for an accurate assessment of your specific case.

Employer Sponsored Visas

EMPLOYER SPONSORED VISAS

1. General. These are visas that you can apply for if your occupation is in the current Skilled Occupation List (SOL) or in the Consolidated Sponsored Occupation List (CSOL) and you have a job offer from an Australian Employer that is also willing to sponsor or nominate you for the visa. There are basically three categories of such visas available for you to apply for:

  • The Temporary Work Skilled Subclass 457 Visa.
  • The Employer Nomination Scheme Subclass 186 Visa.
  • The Regional Sponsored Migration Scheme Subclass 187 Visa

2. Temporary Work Skilled Subclass 457 Visa. This visa is available for an applicant who is sponsored by an Australian employer or an overseas employer intending to establish an office in Australia to overcome temporary skilled labour shortages by recruiting personnel from overseas. The applicant if successful will be granted a visa to work for the sponsoring/nominating employer for two to four years. The employer is required to provide evidence to show that:

  • An Australian citizen or resident cannot be found to fill the job by doing a labour market survey;
  • Adequate provision for training employees in work relevant to the business has been provided; and
  • The employee will be paid a minimum salary equivalent to the Migration Income Threshold which currently is $53,900 per annum.

3. Australian employers can also recruit overseas workers under Labour Agreements concluded with the Department of Immigration. Such agreements are only worthwhile to conclude if there are 10 or more workers identified by the prospective employer.

4. With effect from 01 November 2002, legislation was introduced to provide for the special business needs of regional Australia. The changes allow for the current skill and salary threshold requirement for the subclass 457 visa to be waived in exceptional circumstances. Generally the income threshold can be reduced up to 10% less than the normal Migration Income Threshold. The regional subclass 457 arrangement are only available to Australian businesses operating in, and seeking to nominate a position located in regional Australia or a low population growth metropolitan area. Overseas business sponsors, recruitment agencies, and labour hire firms are excluded from these regional concessions.

5. Employer Nomination Scheme Subclass 186 Visa. This visa is for foreign skilled workers or professionals who want to migrate and work in Australia. This visa involves a two-step process. Firstly, nomination by an approved Australian employer and then a visa application under the nominated stream. It is part of the Permanent Employer Sponsored Visa programme. You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.

6. This visa has three streams:

The Temporary Residence Transition Stream is for a subclass 457 visa holder who has worked for two years, while holding a subclass 457 visa, in the same occupation with his/her nominating employer (who has lodged a valid nomination with the Department of Immigration under the Temporary Residence Transition stream), and who wants to offer the applicant a permanent position in that occupation with the employing company.

The Direct Entry Stream is for an applicant who has been nominated by the potential employer under the Direct Entry stream, who have never, or only briefly, worked in Australia, or a temporary resident in Australia who do not qualify for the Temporary Residence Transition stream.

The Labour Agreement Stream is for people sponsored by an employer through a labour agreement.

7. Expression of Interest. If you do not have an employer to nominate you, you can submit an Expression of Interest (EOI) through SkillSelect. Prospective employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration. Your EOI must specify which stream you want to be considered for. No supporting documents are required at this time. You can lodge your EOI while you are in or outside Australia.

8. You are able to apply for this visa if you:

  • Have been nominated by an approved Australian employer within the six months before you apply.
  • Are under the age of 50 at the time of application, unless you are exempt.
  • Have the required skills and qualifications for the position at time of application lodgement you must have the required skills and qualifications for the position you have been nominated for – you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant assessment body.
  • Have the required skills and qualifications for the position.
  • Have appropriate English language skills (at the time of application lodgement), unless you are exempt.
  • Meet health and character requirements.
  • Meet the requirements of the stream in which you apply for the visa.

9. Age Requirements. Even if you are older than 50 years of age, you can still apply for this visa if you:

  • Are nominated as a senior academic by a university in Australia.
  • Are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency.
  • Are nominated as a minister of religion by a religious institution.
  • Are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 457 visa or a Subclass 422 visa for at least four years immediately before applying, and the nominated position is located in regional Australia.
  • Are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 422 visa before becoming the holder of a Subclass 457 visa for two years in the four years immediately before applying, and the nominated position is in regional Australia.
  • Are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen's family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application.
  • Are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years.
  • Are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed. More information on these exemptions is in Classes of Persons (Exempt from the Age Criteria).

10. English Language Requirements. You can show that your English is adequate by providing the following evidence at the time of application:

  • Achieving the required minimum test scores in a specified English language test either for the Temporary Residence Transition Stream or the Direct Entry Stream in a test that has been conducted within three years immediately prior to the date of application lodgement.
  • Holding a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and evidence you are a citizen of that country.

11. English Language Exemptions. You might not need to show adequate English language skills if you:

  • Are to be employed by a religious institution and you were nominated as a minister of religion.
  • Have nominated earnings at least equivalent to the current Australian Taxation Office top individual income tax rate (currently AUD$180,001), however if you are not able to demonstrate that you have functional English, you will be required to pay the second instalment of the visa application charge.
  • Are applying through the Temporary Residence Transition Stream and:
    • You have completed at least five years of full-time study in a secondary or higher education institution, and
    • All of the tuition was delivered in English.

12. Skill Assessment Exemption. You might not have to meet the skill assessment and work experience requirements if you:

  • Were nominated as an academic by a university in Australia.
  • Were nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency.
  • Were nominated as a minister of religion by a religious institution.
  • Have nominated earnings at least equivalent to the Australian Taxation Office top individual income tax rate (currently AUD$180,001).
  • Are in Australia as the holder of a Special Category visa (subclass 444) or New Zealand Citizen Family Relationship visa (subclass 461) and have worked with your nominating employer in your nominated occupation for the past two years (not including any period of unpaid leave) in the three years before you apply for this visa.

13. Training Benchmark Requirements. An important requirement that MUST be met by an intending sponsoring and nominating employer is the Training Benchmark requirements in order to sponsor or nominate a foreign employee or applicant. If your business has been trading in Australia for more than 12 months, you must show you have contributed your business of company funds to the training of Australians. You must meet one of two Training Benchmarks:

  • Training Benchmark A: Recent (within the last 12 months at the time of lodgement of the sponsoring or nominating application) expenditure equal to at least 2% of the payroll of the business in payments allocated to an industry training fund that operates in the same industry as the business and a commitment to maintain that level of expenditure for the term of approval as a sponsor.
  • Training Benchmark B: Recent (within the last 12 months at the time of lodgement of the sponsoring or nominating application) expenditure equal to at least 1% cent of the payroll of the business, in the provision of training to employees of the business. The expenditure must be expenditure that can count towards the benchmark.
  • If your business has been operating for less than 12 months, you must demonstrate that you have an auditable plan to meet this training benchmark.

14. Market Salary Rate. Another important requirement that must be met by an intending Australian employer is to provide terms and conditions of employment that are no less favourable than those that would apply to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace.

Terms and conditions include the nominated position's salary, hours of work and leave entitlements (among other things). The salary paid to an Australian worker under these terms and conditions of employment is known as the market salary rate.

15. The potential employer must prove to the Department of Immigration that the skilled worker will be paid the market salary rate. Depending on whether you have an Australian doing similar work, you can do this by:

  • Reporting the terms and conditions that apply to an Australian worker who is already employed in a similar job in a similar location in your workplace.
  • Referring to an industrial award or enterprise agreement that outlines terms and conditions for Australians performing similar work in similar locations.
  • Providing relevant data from reputable remuneration surveys.
  • Providing evidence of the salaries of employees performing equivalent work in similar locations.

16. Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.

17. Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Consultants for an accurate and quick assessment of your specific case.

The information on this website is not legal advice. You should consult an Immigration Lawyer for advise specific to your situation. Liability is limited by a scheme approved by the Migration Institute of Australia professional standard liability scheme.