Posted: Fri Apr 29, 2005 9:19 pm Post subject: VISA TO AUSTRALIA / AUSTRALIA IMMIGRATION
Skilled Visa
Independent migrants
Independent migrants are selected on the basis of their education, skills and work experience, and their potential to contribute quickly to the Australian economy. They are not sponsored by an employer or relative in Australia. This group forms the largest contingent of skilled migrants each year.
Skilled - Australian sponsored
Skilled - Australian Sponsored category migrants are selected on the basis of their skills, age, English-language ability and family relationship. They must be sponsored by a relative already living in Australia.
Employer nomination
The Employer Nomination Scheme (ENS) allows Australian employers to recruit, on a permanent basis, 'highly skilled' positions with non-Australian citizens, where they have been unable to fill a vacancy from the Australian labour market or through their own training programs.
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These visas are available for those who have:
professional backgrounds
semi-professional backgrounds
trade backgrounds
The applicant's occupation must be listed on the Occupations for Migration List and their qualifications must be assessed by the relevant body as being equivalent to the Australian entry requirements for the occupation
The visas are available in two main categories:
Skilled Independent
Skilled Australian Linked
The Skilled Australia Linked is for those who have family relatives in Australia who wish to sponsor them for entry.
Both visas are subject to a points test in which points are awarded for Skills, Age, English Language Ability and Specific Work experience in their occupation.
Skilled Regional Visas
The Skilled–Independent Regional (Provisional) (SIR) visa is for skilled people who wish to live and work in a regional or low population growth area in Australia.
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The Skilled–Independent Regional (Provisional) (SIR) visa is for skilled people who wish to live and work in a regional or low population growth area in Australia.
The visa was developed in consultation with state and territory governments and is designed to assist regional areas attract, and retain, skilled migrants to fill skill shortages, boost development in regional communities, and counter the population decline in rural areas.
The SIR (Provisional) visa is a temporary visa valid for a period of 3 years.
Applicants for the visa will be required to sign an undertaking that they, and members of their family unit, will live, work or study in regional Australia or a low population metropolitan centre for the duration of their visa.
Applicants for the visa must have state or territory government sponsorship.
Through a two-stage visa process, visa holders must live and work in or a low population growth metropolitan area for at least 2 years before they can apply for permanent residence.
Two stage process to permanent residence
Skilled applicants who are sponsored by a state or territory government and who can obtain 110 points on the general skilled migration points test can apply for permanent residence through a two stage process:
Stage 1
SIR (Provisional) visa stage - successful applicants will be granted a 3 year temporary visa to live and work/study in regional Australia.
Stage 2
Permanent residence stage - SIR visa holders who have met the SIR visa conditions of:
having lived in regional Australia for at least 2 years; and
having been employed (including self employed) for at least 12 months in regional Australia;
may apply for one of the following permanent residence visas:
Regional Sponsored Migration Scheme (RSMS)
State/Territory Nominated Independent (SNTI)
State/Territory Sponsored Business Owner
Priority processing
SIR visa applications will receive priority processing through the Adelaide Skilled Processing Centre. This means they will be processed ahead of other applications for general skilled migration.
Regional Australia
Living in regional Australia or a low population growth metropolitan area means that SIR visa holders can live anywhere in Australia except in Sydney, Newcastle, Wollongong, the NSW Central Coast, Brisbane, the Gold Coast, Perth, Melbourne or the ACT.
All SIR (Provisional) visa applicants must meet the same basic requirements as other general skilled migration categories plus some additional requirements.
Applicants can apply offshore or onshore. There are different requirements for each category. For specific requirements that must be met in each category -
All applicants for the visas must be sponsored by a state or territory government authority.
This is a list of state and territory governments participating in the SIR (Provisional) visa program. This information will be updated as required.
New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia.
Business Visas
Business Skills migration
The Business Skills program encourages successful business people to settle permanently in Australia and develop new business opportunities.
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Business visas are available for those who wish to enter Australia for both temporary and permanent business purposes.
Electronic Temporary Business Visa
This visa is for people seeking to enter or remain in Australia for less than three months for legitimate business purposes. If you wish to apply for this visa please go to Electronic Visas and provide the information required.
Provisional Business Visas
These visas allow business people to enter Australia for a period of up to 4 years. During this time they are allowed to set up a new business, purchase a business or go into partnership with an existing business.
When the business is a going concern, employing Australians and able to provide financial statements, usually after at least 2 years, permanent residency can be applied for. Certain requirements must be met to attain permanent residency such as business turnover, employing staff and holding business and personal assets to meet the requirements set.
Business Talent Visa
Available to applicants who have had an overall successful business career. Applicants are required to obtain a sponsorship from the State authority in which they intend to set up their business and meet the financial requirements for the visa. The visa allows the holder to move to Australia permanently.
Investor Provisional Visas
These visas are available to applicants who have an overall successful record of investment or business activity. Applicants must have been managing their investment portfolio for at least 3 years.
Senior Executive Provisional Visas
Senior Executives of companies, which have an annual turnover of at least AU$50 million can apply for these visas. The applicant needs to have occupied a position in 1 of the 3 top levels of the management structure of the company and been responsible for strategic policy development affecting a major component of a wide range of operations of the business.
Family Visas
Family Stream categories
Family Stream migrants are selected on the basis of their family relationship with their sponsor in Australia; there is no test for skills or language ability as for Skilled Stream migrants. The Family Stream component of the Migration Program consists of four main categories:
Partner
Spouse: the husband, wife or de facto partner of the Australian sponsor;
Prospective Marriage: a fiancé(e) overseas who plans to marry their Australian sponsor in Australia.
Interdependent Partner: a person in an interdependent relationship with an Australian partner involving a mutual commitment to a shared life together.
Child
Dependent child: the natural, adopted or stepchild of the Australian sponsor;
Adopted child: a child adopted overseas; and
Orphan relative: an unmarried child under 18 at the time of application who cannot be cared for by either parent.
Parent
A person who meets the balance of family test and is sponsored by their child, who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. However, only aged parents can be granted a visa when applying within Australia. An aged parent is one who is old enough to be granted an Australian age pension. For male applicants the qualifying age for the Australian age pension is 65. For female applicants the qualifying age is gradually being increased from 60 to 65 (to 30 June 2003 the qualifying age is 62).
Other family
Aged Dependent Relative: single, widowed, divorced or formally separated person who is dependent on an Australian relative;
Remaining Relative: a person who has no close family ties outside Australia and is the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
Carer: a person willing and able to give substantial, continuing assistance to an Australian relative or member of their family who has a medical condition that impairs their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years.
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Applicants for family visas must be sponsored by a close family member or fiancé(e) living in Australia.
The sponsor must be either an Australian citizen, permanent resident or eligible New Zealand citizen, and would usually be 18 years of age or older.
Family Stream applicants can be sponsored for migration or permanent residence in one of the following visa categories:
Partner
Spouse
Prospective Marriage (Fiancé(e))
Interdependency
Child
Adoption
Orphan Relative
Dependent Child (temporary)
Parent or Aged Parent
Contributory parent visa category
Other Family
Aged Dependent Relative
Remaining Relative
Carer
All Family visas apart from spouse visas will require an Assurance of Support to be lodged on behalf of the applicant.
If you would like to find out if you are eligible for a family visa please complete the questionnaire and submit this to us.
Retiree Visas
Retirement visa are available to those people who wish to retire in Australia. The visa is initially valid for a stay of four years and allows the holder to apply to work up to 20 hours per week.
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Retirement visa are available to those people who wish to retire in Australia. The visa is initially valid for a stay of four years and allows the holder to apply to work up to 20 hours per week.
A roll over of 2 years follows the initial stay of 4 years. The roll over can be applied for any number of times. To obtain the further stay of 2 years, applicants need to show that their financial situation has not changed and that they do not have a communicable disease such as tuberculosis.
The applicant must be 55 years of age or over. For a married couple only one needs to be 55 years or older.
To obtain the visa the following financial requirements must be met:
A lump sum of AU$ 870,000 available for transfer to Australian
or
A lump sum of AUD350,000 plus an annual minimum income of AUD52,000 from pensions, superannuation or investments.
If you have a non-dependent child living in Australia the transferable capital requirement is reduced to AUD800 ,000 or AUD 315,000 plus an annual income of AUD 50,000
DIMIA can only take transferable capital into consideration, together with property or items of value in Australia. We can only consider non-transferable capital such as real estate or other items of value if it is in the form of liquid assets. This means that if you are dependent on your home to meet the financial requirements, you must be able to show that you have entered into an agreement to sell your property.
For processing purposes DIMIA will not request that the property be sold until they are sure you are going to obtain the visa. If you want us to assess your opportunities of obtaining this visa please complete our questionnaire and submit this to us.
What you are effectively talking about is the assurance of support, which is not to be confused with the actual SPONSOR. Only a relative may sponsor you, however ANYONE can provide you with an assurance of support. The only requirement is that they have been tax resident in Australia for the past 2 years. So to answer your question, YES your sisters husband can provide you with the assurance of support (provided he meets the 2 years tax residency rule).
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