MIGRATION SERVICES

Everywhere immigrants have enriched and strengthened the fabric of life.

~ John F. Kennedy

Sc 482 Skills In Demand (SID)

The SID sc 482 Sponsored Visa Program includes 3 streams: Core Skills, Specialist Skills, and Labour Agreement.

  • The Core Skills Stream refers to occupations available on the CSOL List and is a potential pathway to permanent residence.
  • The Specialist Skills Stream refers to any ANZSCO occupations excluding occupations listed in Major Groups 3, 7 or 8. This Stream requires an annual salary of minimum AUD 141,210
  • The Labour Agreement Stream is for skilled workers nominated by employers who have a Labour Agreement. Labour agreements are developed between the Australian Government (represented by the Department) and employers.

This visa process involves the following three steps:

Step 1 – Standard Business Sponsorship Application

  • The sponsor must demonstrate to be lawfully operating business;
  • The sponsor must be financially stable and profitable;

Step 2 – Nomination Application

  • The position must be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
  • Be included on the relevant occupation list
  • Subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have
    attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised, the position within the last 4 months, for a period of at least 4 weeks through 2 different Australian recruitment platforms
  • The nominator must make one off upfront contribution to the Skilled Australian Fund (SAF) per each year the overseas worker will be employed by the business.
    Please note that SAF levy payments are tax deductible
  • Ensure the position is paid at the market level and minimum AUD 76,515 per year, excluding superannuation under the Core Skills Stream.

Step 3 – Visa Application

The visa applicant must:

  • Have the relevant ANZSCO qualification and at least one year of full-time experience within the last 5 years(or the part-time equivalent) in the nominated occupation (or a related field). For certain occupations 3 or 5 years of work experience may replace the formal qualification as described by ANZSCO (Please note that some occupations may require professional registration or skills assessment depending on the country of passport)
  • Have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria
  • Have the required level of English proficiency (IELTS 5 in each component or equivalent test)

Transition to Permanent Residency

The sc 482 visa has a validity period of up to 4 years and it is a pathway to the permanent visa sc 186. To meet the requirements of the permanent visa, applicants must have worked for one or more sponsoring employers on a subclass 482 visa for at least 2 years under the new Laws and complied with the conditions on that visa. The main applicant must be less than 45 years of age also achieve the required level of English proficiency (IELTS 6 in each component or equivalent test).

Please note that the above guidelines are based on the current Migration legislation and Occupation Lists, which may change at anytime without prior notice.

Employer Nomination Scheme (ENS) 186

The ENS visa program is a two stage-visa process and a pathway to permanent residence.

Under the ENS Program there are the 3 following streams:

1. TEMPORARY RESIDENCE TRANSITION:

  • The nominated position is subject to conditions of employment that are equal to those that apply (or would apply) to Australians performing equivalent work in the same location
  • The nominator must make a one-off contribution to the Skilled Australian Fund (SAF)
  • The applicant must be under 45 y.o. (exemptions apply)
  • The visa applicant must have competent English
  • The visa applicant must have worked on a sc 482 visa for two years in Australia with one or more Australian sponsors in the nominated occupation.

2. DIRECT ENTRY STREAM:

  • The nominated occupation must be included on the Core Skilled Occupation List (CSOL)
  • The nominator must make a one-off contribution to the Skilled Australian Fund (SAF)
  • The nominated position must be available for a period of at least 2 years
  • The visa applicant must be under 45 y.o. (exemptions apply)
  • The visa applicant must have competent English
  • The visa applicant must have a positive valid skill assessment and at least 3 years of work experience in the nominated occupation.

3. LABOUR AGREEMENT:

  • The business has a formal agreement with the Government, which sets the requirements of the Employer Nomination Process.

Please note that the above guidelines are based on the current Migration legislation and Occupation Lists, which may change at anytime without prior notice.

SC 400

Up to 3 months (6 months in limited circumstances)

Visa applicant must:

  • be invited or supported by the intended employer or organization.
  • have specialist skills, knowledge or experience that is needed but cannot be found in Australia.

SC 408

Visa applicant must:

  • have the required skills.
  • be supported or sponsored.
  • meet additional requirements of the relevant stream.
  • work in the entertainment industry.
  • participate in activities at the invitation of an Australian organisation.
  • participate or observe in an Australian research project.
  • work in a skilled position under a ‘staff exchange arrangement’.
  • participate in high-level sports competitions or sports training programs.
  • participate in a special programme approved by the department.
  • do full-time religious work.
  • be employed as a superyacht crew member.
  • do full-time domestic work in the household of certain senior foreign executives.
  • participate in a government-endorsed event.

SC 407 TRAINING VISA

There are 3 visa streams

  1. Workplace Based Occupational Training: For applicants who have recent qualifications or one year experience within the past 24 months intending to take part in workplace-based training to enhance their skills in their current occupation, area of tertiary study or field of expertise
  2. Training that promotes capacity building overseas: For applicants who wish to participate in a professional development training programme in Australia; Students who need to complete an internship as part of their qualification and government supported workplace trainees.
  3. Work-based training for registration: For applicants hoping to gain registration/licencing as part of their occupational requirements

This visa application process involves 3 steps and the sc 407 visa may have a validity of maximum two years. Family members can also be included with part-time work limitation.

Step 1 – 407 Temporary Activities Sponsorship Application

  • The sponsor must demonstrate to be lawfully operating business
  • The sponsor must be financially stable and profitable

Step 2 – 407 Nomination Application

  • The position must be available on the relevant 407 occupation list
  • The sponsor must provide a detailed training plan for the occupation
  • The salary for the position must be in line with Australian Employment Laws (No specific minimum salary required)

Step 3 – 407 Visa Application
The visa applicant must:

  • Have the relevant ANZSCO qualification completed in the past 2 years or 1 year of relevant full-time work experience completed in the past 2 years
  • Genuinely intend to work in the nominated position on a temporary basis
  • Have made adequate arrangements for health insurance during your stay in Australia
  • Have at least functional English (IELTS 4.5 average and minimum 4 in each component or equivalent test)
  • Meet the health and character requirements

Please note that the above guidelines are based on the current Migration legislation and Occupation Lists, which may change at anytime without prior notice.

This new regional visa has been introduced in November 2019:

  • Skilled Employer Sponsored Regional (Provisional) –Subclass 494

It is a temporary visa that can lead to a permanent visa after the applicant spends 3 years living, working and studying in the regional area.

The Permanent Skilled Regional Visa –Subclass 191 will come into effect in November 2022.

Skilled Employer Sponsored Regional (Provisional) –Subclass 494

The Subclass 494 replaced the Regional Sponsored Migration Scheme visa (RSMS) Subclass 187. This is a five-year visa which will include a large number of occupations, some of the key visa requirements are:

  • You must receive a full-time job offer for a position in a regional area;
  • The position must be on the relevant occupation list;
  • The salary rate must meet the market standards;
  • You must have at least three years of full time and relevant work experience;
  • You must provide a positive Skills Assessment in the relevant occupation.

Definition of “regional area” under the current legislation: most locations outside Sydney, Melbourne and Brisbane.

Two categories of regional areas have been identified:

  • Major regional centres: Gold Coast, Perth, Adelaide and other cities such as Wollongong, Newcastle, Sunshine Coast, Canberra, Illawarra, Geelong and Hobart;
  • Regional centre & other regional areas: the remaining geographical areas with the exclusion of the above-mentioned Centres.

SC 189/190 PERMANENT SKILLED POINT-BASED VISAS

STEPS:

  1. Initial Eligibility Assessment based on age, qualifications, level of English and other requirements;
  2. Skills Assessment with the relevant assessing authority;
  3. Expression of Interest ( EOI )
  4. State Nomination for sc 190 Visa or DOHA Invitation sc 189 Visa
  5. Visa application

 Following the EOI, at the time that you are invited to apply for one this visa, you must:

  • be under 45 years of age
  • nominate an eligible occupation that is included on the relevant Occupation List
  • have your skills assessed by the appropriate Australian skills assessing authority as suitable for your nominated occupation
  • have at least competent English
  • score at least 65 on the relevant points test (which is based on your age, English competency, qualifications and work experience, amongst other factors)

SC 491 SKILLED WORK REGIONAL VISA – PROVISIONAL

The new 491 visa replaced the sc 489 visa in November 2019.

This visa will enable eligible skilled workers to live, work and study in designated regional areas of Australia for a period of 5 years.

Visa holders will be eligible to apply for a Permanent Residence visa after three years.

Applicants for this visa must be nominated by:

  • an Australian state or territory government agency or
  • sponsored by an eligible family member residing in a designated regional area and be invited

Following the EOI, at the time that you are invited to apply for a sc 491, you must:

  • be under 45 years of age
  • nominate an eligible occupation that is included on the relevant Occupation List
  • have your skills assessed by the appropriate Australian skills assessing authority as suitable for your nominated occupation
  • have at least competent English
  • score at least 65 on the relevant points test (which is based on your age, English competency, qualifications and work experience, amongst other factors)

The Graduate Visa Program is designed for international students 35 or under who have studied in Australia for at least two academic years (92 weeks) and have completed their study within the last 6 months. There are two main streams within the Graduate Visa Program and some temporary concessions have been recently introduced to allow a broader number of international students to qualify for this visa.

The sc 485 Graduate Visa allows you to work and live in Australia on a temporary basis. Applicants must satisfy the English language and character requirement. You can also include your family members in the visa application.

Available Streams:

Post-Vocational Education Work stream
The graduate work stream allows graduates to work for up to 18 months. Please note a trades qualification/s or vocational studies undertaken by the international student must be closely related to an occupation available on the National Occupation List (MLTSSL ). You must have applied for a (provisional) skill assessment in the nominated occupation prior to the application and achieved the required score in the English test (IELTS 6.5 average, minimum 5.5 in each band or equivalent test).

Post-Higher Education Work stream
This stream is for those international students who have completed at least a bachelor’s degree or higher from an Australian University or other eligible educational institution. You must have had your first student visa granted after 5 November 2011 to be eligible for this stream. The length of this visa is a minimum of 2 years.

Please note that the above guidelines are based on the current Migration legislation and Occupation Lists, which may change at anytime without prior notice.

Skills assessments are issued by relevant Australian skills assessment authority.

This is a preliminary step required to qualify for certain visa subclasses.

A skills assessing authority is an organisation that checks that your skills meet the standards they set to work in a relevant occupation.

The Department of Immigration sets out all relevant occupations under official occupation lists. Most occupations in each list have their own skills assessing authority.

Each assessment authority determines the requirements to obtain a positive skills assessment in a relevant occupation.

Scotti Migration has extensive experience with skills assessment requirements and has assisted many clients to understand the complex process of getting their qualifications and work experience recognized.

ONSHORE PARTNER VISA

The partner visa (sc 820/801 onshore) requires the visa applicant and the sponsor to be in a genuine, continuing and exclusive relationship

The applicant must be sponsored by an eligible sponsor. 

This is determined by considering the duration of the relationship and various aspects of the relationship including history of the relationship, social, financial, household nature and future plans.  

The couple must provide evidence of cohabitation for a period of at least 12 months unless the sponsor and the visa applicant are in a valid married relationship or have registered the relationship with the relevant Authority, ‘Registry of Births & Deaths and Marriages’.

Visa requirements include providing documentary evidence of:

  • Mutual financial commitment;
  • Social aspect of the relationship;
  • Nature of the household;
  • Health and character.

 

OFFSHORE PARTNER VISA

The partner visa (sc 309/100 offshore) requires the visa applicant and the sponsor to be in a genuine, continuing and exclusive relationship and currently reside outside Australia.

The applicant must be sponsored by an eligible sponsor. 

This is determined by considering the duration of the relationship and various aspects of the relationship including history of the relationship, social, financial, household nature and future plans.  

The couple must provide evidence of cohabitation for a period of at least 12 months unless the sponsor and the visa applicant are in a valid married relationship or have registered the relationship with the relevant Authority, Registry of Births & Deaths and Marriages. 

The offshore partner visa allows the visa holder to enter and remain in Australia based on the married or de-facto relationship with the Australian partner.

Visa requirements include providing documentary evidence of:

  • Mutual financial commitment;
  • Social aspect of the relationship;
  • Nature of the household;
  • Health and character.

 

PROSPECTIVE MARRIAGE VISA

The prospective marriage visa (sc 300) allows the visa holder to enter Australia and marry the intended spouse within the visa’s 9-month validity.

The applicant must be sponsored by an eligible sponsor. 

These visas options are available to parents to stay and live in Australia:

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SC 500 STUDENT VISA

This visa allows the applicant to remain in Australia to study full-time in a recognised education institution.

In order to be illegible for this visa you must:

  • be enrolled in a full-time course registered on the CRICOS;
  • Be a genuine student;
  • Have adequate health insurance;
  • Have funds to pay for your living expenses.

SC 590 STUDENT GUARDIAN VISA

This visa allows you to reside in Australia as the guardian of an international student younger than 18 years of age studying in Australia on a student visa.

We assist clients to apply for merit review in case of visa refusal or cancellation.

The Administrative Review Tribunal (ART) can review some decisions about visas made under the Migration Act 1958 by the Department of Home Affairs.

Applications to the Tribunal must be lodged within a specified deadline.

Some decisions reviewable by the Tribunal include:

  • Visa application refusal;
  • Cancellation of a visa;
  • A determination on the points test for skilled migration visas, business sponsorships and nominations.
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