Under the Australian immigration program, you can apply under one of the following migration categories that suits you the best.

1. Skilled Independent Category
2. Skilled Australian Sponsored
3. Business Skills Category
4. Employer Nomination Scheme (ENS)
5. Family Migration
6. Temporary Residence
7. Other Categories

1. Skilled Independent Category

• Open to anyone to apply.
• Subject to a points test including skill, age, English language, work experience and sponsorship.
• Extra points for having an occupation in demand, Australian qualification and a skilled spouse.
• English proficiency mandatory for principal applicants.  An English test may be required.
• The pool entry mark is currently 70 points and the pass mark is 115 points.
• Family members who do not have functional proficiency in English will have to prepay part of the cost of language training in Australia ($2380 each).
• Applicants who meet the pool entry mark, but not the pass mark, may be able to be considered under the Regional Sponsored Migration Scheme.
• Positive skills assessment required prior to migration application lodgment.
• Maximum age of 44 at date of application lodgment.

2. Skilled Australian Sponsored
Brothers, sisters, nephews, nieces, nondependent children and parents with balance of family outside Australia

• Subject to a points test including skill, age, English language, work experience and sponsorship.
• Extra points for having an occupation in demand, Australian qualification and a skilled spouse.
• The pool entry mark is currently 105 points and the pass mark is 110 points.
• English proficiency is mandatory for principal applicants. An English test may be required.
• Sponsorship and Assurance of support is required.
• Family members over the age of 18 who do not have functional proficiency in English will have to prepay part of the cost of language training in Australia ($2275 each). Assessed on background factors or by English test.
• Positive skills assessment required prior to migration application lodgment.
• Maximum age of 44 at date of application lodgment.

SKILLED MIGRATION POINTS TABLE

• enhanced business and investment skills
• business links with international markets (esp. Asia-Pacific region)
• more jobs
• increased exports
• import replacement
• use of new or improved technology
• increased commercial activity and competitiveness.

Three types of persons can qualify: business owners, senior executives and investors.

• Business owner applicants need to have an overall successful business career, have held net assets in business of $300,000 ($200,000 in the case of State/Territory sponsored applicants) for at least 2 of the last 4 years and have been directly involved in running the businesses in 2 of the last 4 years. (The definition of "net assets in business" is quite technical).
• Senior executives can apply if for 2 of the last 4 years they have been in the 3 highest management levels of a business with an annual turnover of at least $50 million ($10 million for State/Territory sponsored applicants) and have been responsible for strategic policy development or a wide range of business operations.
• For entrepreneurs and senior executives a points test based on business attributes, age, language and capital applies. The pass mark is currently 105 points. State/Territory sponsored applicants receive 15 bonus points.
• Entrepreneurs and senior executives are required to make a genuine effort to get involved in business and must report on their efforts 2 and 3 years after their arrival. Investors are not subject to this requirement.
• Investor applicants need a successful record of investment or business activity, at least 3 years experience in managing a business or a portfolio of investments and in 1 of the last 5 years either to have been directly involved in managing a business with at least a 10% ownership interest or to have managed their own investment portfolio with a value of at least $1,000,000.

The Australian investment requirement varies from $750,000 to $2,000,000 depending on age and English language ability. Funds will be invested in government securities for a period of 3 years. Applicants must have a total net worth in the 2 years preceding the application 50% more than the amount of capital to be invested and the funds must have been accumulated as a result of the applicant's own business and/or investment activities. A points test based on investment amount, age and language applies to investors and the pass mark is 105.

• For all business skills applications, principal applicants and dependents over the age of 18 who do not have functional proficiency in English will have to pre-pay part of the cost of language training in Australia (PA $4555, dependents $2275).

• the position must require a highly skilled employee (usually at least 3 years training plus 3 years work work experience)
• the job must be full-time and permanent
• the employer must demonstrate that genuine efforts to recruit an Australian have been unsuccessful
• the conditions of employment must be consistent with Australian standards and/or awards
• the person nominated must have qualifications and experience suitable to the position offered
• the employer must make adequate provision for staff training
• no points test
• maximum age of 44 at time of application unless exceptional circumstances
• English proficiency at vocational level required unless exceptional circumstances
  Principal applicants and their dependents over the age of 18 who do not have functional proficiency in English will have to prepay part of the cost of language training in Australia.

5. FAMILY MIGRATION

Includes spouses, dependent children who are still part of the family unit, fiancés, parents with at least half of their children in Australia. Also aged dependent relatives, carers, orphaned minors and remaining relatives. Spouses, whether married or defacto, are subject to a period of 2 years conditional residence with full permanent residence being conferred at the end of this period subject to evidence of a continuing relationship. Family members require a sponsorship from their Australian resident relative who must be an Australian permanent resident or citizen. Apart from applications from spouses, children and fiancés the sponsor should usually have been resident in Australia for a minimum of two (2) years. This period can include legal temporary residence.No points test.

An assurance of support bond and health services charge are payable for parents who meet the balance of family test and for aged dependant, carer, orphaned minor and remaining relatives.  The assurance bond is $3,500 for the principal applicant and $1,500 for each adult family unit member.  It is refundable with interest two (2) years after arrival of the family less any claims by DSS to offset payment of special benefits and certain allowances.  The health services charge is $960 per family member (including children) and is not refundable.

6. TEMPORARY RESIDENCE

Temporary residents have permission to reside in Australia for a fixed time period - usualy up to 4 years. Sometimes this can be extended.  With the exception of retirees (see below) they have permission to work.  Temporary residents are not eligible for Medicare.

Persons can be sponsored by an operating business in Australia or overseas for temporary employment to fill skilled positions for which an employer cannot find a suitable local applicant or to establish a business or assist in fulfilling contractual obligations.  The usual period of stay is up to 4 years depending on requirements.

Persons aged 55+ can retire in Australia as temporary residents with 4 year visa without dependants (other than a spouse) subject to resources available for transfer of $650,000 or $200,000+ an income of $45,000 p.a.  No permission to work and no access to Medicare.  If the applicant is the parent of a settled Australian citizen or a permanent resident, the figures are $600,000 capital or $180,000 and an income of $42,000.

It is possible to obtain a temporary visa to establish or participate in a business Australia.  Requirements include relevant personal attributes and background, capital transfer for business purposes of $250,000 and a proposed business which will provide economic benefits.  The applicant must have management role in the business.

The Established Business in Australia category provides an opportunity for temporary residents to obtain permanent residence if they have successfully established a business in Australia which meets certain criteria including employment of 3 Australians.  A points test also applies.

7. Other Categories

From 1st July 2001 special opportunities have been available for some overseas students completing courses in Australia to apply for permanent residence in Australia under points tested categories. There are a number of other specialist categories which relate to New Zealand citizens, former Australian residents and people with special creative or sporting talents. There are also refugee and humanitarian entry categories.

If questions are still wandering in your mind and would like to know more details about each category and which category is the best for you to apply for Australian Immigration, we are here to assist you. Please contact us.

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