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REQUIREMENTS FOR PERMANENT RESIDENCE IN AUSTRALIA

Australia’s Immigration program can be divided into 3 broad groups being Skilled or Economic migration, Family migration and the Refugee or Humanitarian program. This document will cover the first two groups.

Skilled / Economic Migration

1. Skilled Migration Program (Points Test)

Substantial changes were made to these categories on 1st September 2007. The number of sub-categories were consolidated and now includes the skilled independent category, skilled sponsored category and regional sponsorship. Attached is a summary of the current point test and the points allocated for each factor.

The current pass mark is as follows:
Skilled Independent category - 120 points
Skilled Sponsored category - 100 points

To be sponsored under the Skilled Sponsored category the applicant must have a close relative including parent, brother / sister, aunt or uncle permanently residing in Australia. For State Government nomination the applicant must have an occupation included on the occupation in demand list produced by the respective State Government. In all cases applicants must be under age 45 at the time of application.

To submit an application under these categories, the applicant’s occupation must be included on the General Skilled Occupation List and be assessed by the appropriate assessment authority in Australia as suitable and equivalent to the Australian occupation. It should also be noted that South African passport holders must undertake the IELTS test as evidence of English language ability.

2. Employer Nomination Scheme

This category applies to applicants who are sponsored by an Australian employer who can demonstrate a need for the sponsored employee. By definition applicants must be highly skilled and their occupation included on a list of gazetted occupations specifically for this category. In most cases applicants must be under age 45 but in exceptional circumstances applicants may be aged to 55.


3. Business Skills Program

The Business Skills Program is divided into a number of provisional visas which require applicants to meet various criteria based on their current business activities as well as certain specified criteria after their arrival in Australia in order to be granted permanent residence. Categories in this section include:

• Business Owner Visa for applicants in their own business.
• Senior Executives who are in the top 3 tiers of management in a business with a turnover in excess of A$10 million equivalent for sponsored applicants and A$50 million where there is no sponsorship.
• Investor Visa – This visa is available to applicants who invest a specified amount in government bonds in Australia for a period of 4 years.

A summary of the requirements associated with each of these categories is attached.

In addition there is one business skills category which results in permanent residence from the outset and that is the Business Talent visa. To date very few applicants have been granted visas under this category due to the onerous requirements and the requirements by State governments to demonstrate exceptional economic benefits to Australia before granting sponsorship.

In the case of the provisional visas, applicants need to be under age 45 or with State government sponsorship 55.

Family Migration

The more common categories in this area include:

• Parents
• Spouse, de facto spouse or interdependent partners
• Last remaining relative

The following is a brief description of each of these categories

1. Parent Migration

This category is available to parents who have the majority of their children permanently resident in Australia and satisfy health and character requirements. Applicants may apply under either the contributory parent visa category which requires a significant payment to be made and by doing so expedites the processing of the application or the normal parent category which currently takes many years to be processed.

2. Spouse, De Facto Spouse or Interdependent category

Under this category applicants must be sponsored by an Australian permanent resident or citizen who is their spouse, de facto spouse or interdependent partner. To qualify as a de facto spouse applicants must have been living together with the sponsoring spouse in a mutually exclusive relationship for a minimum of 12 months.

3. Last Remaining Relative

Applicants under this category must be the last member of their immediate family who is not an Australian permanent resident or citizen and not living in Australia. If the applicant is married their spouse must also meet the requirements.

Apart from the criteria associated with each of the above categories applicants in all cases must meet medical requirements as well as police clearances.

Temporary Residents

Australia has a number of visa classes which result in temporary residence for applicants for a specified period of time. The most common visa under this category is the Long Stay Temporary Business Visa (subclass 457). This is the temporary option of the employer nomination scheme described above. Further information can be provided on request.

Australian Immigration Advice

Applicants should ensure that when seeking advice in relation to Australian immigration they should only consult with registered migration agents. The migration agent registration authority only registers agents with sound knowledge of Australian immigration and has demonstrated their professionalism and competence in immigration law and practice. Registered migration agents can be identified by way of a registration number which is required to appear on all correspondence.