MIGRATION SERVICES
Everywhere immigrants have enriched and strengthened the fabric of life.
~ John F. Kennedy- Employer Sponsored Visas
Standard Business Sponsor
- The sponsor must be a lawfully operating business;
- The sponsor must be financially stable and profitable;
Nominated Position
- Subject to conditions of employment(other than earnings) that are equal to those that apply (or would apply) to Australians performing equivalent work in the same location.
- Be included on the current Medium and Long-term Strategic Skills List (MLTSSL – Pathway to Permanent residence) OR Short-Term Skilled Occupation List (STSOL). NOTE: Certain occupations on these lists will be subject to additional requirements.
- 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 he/she has advertised the position within the last 4 months, for a period of at least 4 weeks. NOTE: Alternative LMT criteria apply in certain circumstances.
- Nominator must make a contribution to the Skilled Australian Fund (SAF) for each year the overseas worker will be employed by the business. Please note that SAF levy payments are tax deductible.
Visa Applicant
The visa applicant must:
- have skills (qualifications and/or work experience) that match those required for the nominated position.
- have at least two years of full-time experience (or the part-time equivalent) in the nominated occupation (or a related field).
- genuinely intend to work in the nominated position.
- have made adequate arrangements for health insurance during the entire stay in Australia, and meet the relevant health and character criteria.
- have the required level of English proficiency.
TEMPORARY RESIDENCE TRANSITION STREAM
Nominated Position
- Subject to conditions of employmentthat are equal to those that apply (or would apply) to Australians performing equivalent work in the same location
- Be included on the current Medium and Long-term Strategic Skills List unless transitional arrangements apply NOTE: Certain occupations on these lists will be subject to additional requirements
- Nominator must make a one-off contribution to the Skilled Australian Fund (SAF).Please note that SAF levy payments are tax deductible
- Be available for a period of at least 2 years
Visa Applicant
The visa applicant must:
- Have worked in the nominated occupation for a period of 3 years within the last 4 years full-time employment as a TSS visa holder with the same sponsoring business
- Make the commitment to work in the nominated role for a period of at least 2 years
- Have the required level of English proficiency
- Meet the health and character requirements
DIRECT ENTRY STREAM
Nominated Position
- Subject to conditions of employmentthat are equal to those that apply (or would apply) to Australians performing equivalent work in the same location
- Be included on the current Medium and Long-term Strategic Skills List, unless transitional arrangements apply. NOTE: Certain occupations on these lists will be subject to additional requirements
- Nominator must make a one-off contribution to the Skilled Australian Fund (SAF). Please note that SAF levy payments are tax deductible
- Be available for a period of at least 2 years
Visa Applicant
The visa applicant must:
- Successfully completed a skills assessment of qualifications and work experience relevant to the nominated occupation – 3 years of relevant full-time employment required
- Make the commitment to work in the nominated role for a period of at least 2 years
- have the required level of English proficiency
- Meet the health and character requirements
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
- Employer nominated Stream
- Occupational Trainees Stream
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.


- Skilled Visas
SC 189/190 PERMANENT SKILLED POINT-BASED VISAS
STEPS:
- Initial Eligibility Assessment based on age, qualifications, level of English and other requirements;
- Skills Assessment with the relevant assessing authority;
- Expression of Interest ( EOI )
- State Nomination for sc 190 Visa or DOHA Invitation sc 189 Visa
- 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)
SC 485 TEMPORARY SKILLED VISAS
The sc 485 is a visa for those who have studied in Australia for 2 academic years (46 weeks each year) for at least 16 calendar months.
The visa must be requested within 6 months of the end of the course and it gives you full work rights in Australia for between 18 months and 4 years, depending on the course you complete.
Post Study Work Stream:
- This visa validity can be for 2- 4 years, depending on the qualification you completed.
- There is no restriction on occupations.
- Eligible Qualifications: Bachelor, Masters or PhD level completed in Australia.
Please note that if you have held a student visa, which you applied for prior to 5 November 2011, you will not be eligible for the PSW stream. This covers dependent students and studies of any type including school or English courses. The critical date is the one you applied.
Graduate Work Stream:
- This visa is only valid for 18 months.
- Provisional Skills Assessment is required.
- Occupations List – you will need an occupation on the Medium- and Long-Term Strategic List.
- Eligible Qualifications: vocational qualifications closely related to an occupation available on the Medium- and Long-Term Strategic List.
- You can count one or more courses completed in Australia, even if you had a break between qualifications:
- Major regional centres: Gold Coast, Perth, Adelaide and other cities such as Wollongong, Newcastle, Sunshine Coast, Canberra, Illawarra, Geelong and Hobart;
- Regional centres and other regional areas: the remaining geographical areas at exclusion of the above-mentioned Centres
From November 2019, international students studying at regional universities in ‘Major Regional Centres’ will be eligible for an additional year in Australia on a Graduate Visa post-study stream for a total of 3 years.
International students studying at regional universities located in ‘Regional Centres and other regional areas’ will have access to two additional years after they obtain their first Graduate Visa post-study stream for a total of 4 years.
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.
- Partner and Family Visas
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:
- Contributory parent visa (subclass 143)
- Contributory Parent (Temporary) visa (subclass 173)
- Contributory Aged Parent visa (subclass 884 & 864)
- Aged Parent visa (subclass 804)
- Sponsored Parent Visa (subclass 870 ) ( Temporary )

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- Student Visas
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.
- Administrative Appeal Tribunal Cases
We assist clients to apply for merit review in case of visa refusal or cancellation.
The Administrative Appeals Tribunal (AAT) 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.
