Australia Immigration

Australian immigration law is complex and changes frequently. Our Registered Migration Agent (0101077) is a legal practitioner admitted to practice in the Supreme Court of NSW and the High Court of Australia. He is bound by the Migration Agent's Code of Conduct in all dealings with our clients. He is a member of the Migration Institute of Australia, Law Society of New South Wales and the Insolvency Practitioners Association of Australia.

Together, we can assist you through this legal maze by advising on whether you are eligible for a visa and the information that you will need to provide. We tailor our services to meet your needs and a professionally prepared visa application will maximise your chances of success.

General Skilled Migration (GSM) - Points Tested
Major changes to the GSM program came into effect on 1 September 2007 and affect all visa applications lodged after that date. Many of the old visa categories have been abolished or have been merged into new subclasses. The basic requirements are that:

1. Under 45 years of age at the time of application;
2. Your occupation is on the current list of skilled occupations.
3. Meet the new English Language Threshold.
4. Have recent work experience or meet the 2 year study requirement;
5. Satisfy health and character requirements; and
6. Meet the pass mark on the points test.

The pass mark for independent visa applications is 120 and for sponsored applications is100. Some of the changes that have recently been implemented include:

• English Language threshold is now "competent English" for non-trade occupations which means that you must obtain a score of at least 6 in each of the categories of the IELTS English test. Extra points are available for applicants who have "proficient English" (which means a score of 7 in each of the four IELTS components);
• The threshold of "vocational English" remains for trade occupations;
• there are new uniform work experience requirements.
• Points are no longer points awarded for having a relative (parent, sibling or aunt or uncle) sponsor you, but the pass mark for the sponsored categories of visa has been lowered to compensate;
• the old state and territory nomination scheme has been abolished and now additional points are scored if you have a state or territory nomination;
• additional points are awarded if your relative lives in a designated area;
• the SSASSL has been abolished (which means there are no longer restrictions placed on the occupations that relatives who live in Sydney can sponsor);
• points are no longer available for making a capital investment;

Employer Nominations - The new GSM changes have not altered the employer nomination scheme (ENS).Australian employers are able to recruit skilled people from overseas when they have been unable to find a suitable Australian to fill the position.

Temporary Working Visas - 457There are many other categories of visa which allow temporary entry into Australia. Many of these will allow for work rights. In particular, you many be able to secure sponsorship from an Australian business to work in Australia for four years. This is known as a long stay business visa.

Distinguished Talent Applicants for this visa must be nominated by an Australian organization or person and is only for people who have a record of exceptional achievement in their occupation, field of endeavour or in the arts or sport.

People with successful careers as a business owners, senior executives or investors may be eligible to apply in the business skills categories. Applicants for these classes of visa may either be independent or sponsored by a state or territory. In general the requirements are slightly easier to meet if sponsorship is obtained. In addition (with the exception of the business talent visa) these visas are provisional for a period of two years.

Common criteria for provisional visas: For all classes the applicant must show a commitment to establishing a business (or making an investment) in Australia, a need to be temporarily resident in Australia, must have no adverse business history and must pass health and character requirements.

Requirement	Independent	Sponsored
Age	Less Than 45	Less than 55 – but waiver is possible
English	Vocational English Required	No language requirement (but higher application fee may be payable)

Business Owners: It is a requirement that business owners have spent a maximum of 50% of their time providing professional, technical or trade services.

Requirement	Independent	Sponsored
Business Background	Demonstrate on overall successful business career	Demonstrate on overall successful business career OR 4 years continuous employment in a senior management role
Business turnover in 2 out of the preceding 4 years	Minimum of $500,000	Minimum of $300,000
Ownership interest in 2 out of the preceding 4 years	Minimum 10%	Minimum 10%
Business assets in 2 out of the preceding 4 years	Minimum $200,000	No requirement
Personal and business assets available for transfer to Australia	$500,000	$250,000

Please contact us if your enquiry is about whether you qualify for a permanent business owner visa.

Senior Executives

Requirement	Independent	Sponsored
Business Background	Successful business career and responsible for strategic policy development in the business.	Successful business career and responsible for strategic policy development in the business.
Management role	Has been employed for 2 out of the preceding 4 years in one of the top three management levels of a business with a turnover of $50,000,000.	Has been employed for 2 out of the preceding 4 years in one of the top three management levels of a business with a turnover of $50,000,000.
Personal and business assets available for transfer to Australia	$500,000	$250,000

Please contact us if you are a holder of a senior executive provisional visa and you are seeking advice on permanent visa options which may be available to you.

Investors

Requirement	Independent	Sponsored
Business Background	Must demonstrate high level of management or investment skill	Must demonstrate high level of management or investment skill
Ownership interest in 1 out of the preceding 5 years	Either managed a qualifying business (with at least 10% ownership) OR managed eligible investments of at least $1,500,000.	Either managed a qualifying business (with at least 10% ownership) OR managed eligible investments of at least $750,000.
Personal and business assets available for transfer to Australia	Minimum $2,250,000	Minimum $1,125,000
Lodge a designated investment	$1,500,000	$750,000

Provided you have been in Australia for 2 out of the past 4 years, maintained your designated investment for a period of 4 years and maintain committed to business or investment activity in Australia you may be eligible for a permanent visa.

Business Talent

This is a permanent visa and applicants will have to:

• be sponsored by a State or Territory government;
• have an overall successful business career;
• have significant net assets in business (minimum $400,000);
• have significant business and personal assets (minimum $1,500,000);
• have achieved a significant annual turnover in your business (minimum $3,000,000);
• have a commitment to maintain an ownership interest in a business in Australia and direct and continuous involvement in management of that business;
• have no history of unacceptable business activities; and
• be less than 55 years old unless exceptional circumstances exist.

Should you be interested to immigrate to Australia, fill in our Australian application form and submit.