Skilled Migration

Subclass 189

AUSTRALIAN SKILLED (Independent) VISA – Subclass – 189

The Skilled-Independent visa (subclass 189) is a permanent residence visa for points-tested skilled workers who want to work and live in Australia. To be able to apply for this visa you need to submit an expression of interest and then be invited through SkillSelect to apply. You can be in or outside Australia when you apply and when the visa is granted.

Who could get this visa?

You are eligible to apply for this visa if you have been invited. At the time we invite you to apply for this visa, you must have:

  • nominated an occupation that is on the relevant skilled occupation list
  • obtained a suitable skills assessmentfor that occupation
  • not yet turned 50 years of age
  • achieved the score specified in your letter of invitation based on the factors in the points test
  • at least competent English.

The application of these factors varies from case to case therefore the above mentioned requirements should not be considered as applying as they look. To find your way to Australian Skilled Migration under this category, you need an in-depth understanding of these and other requirements.

​​You must score at least 60 points against points test factors to be eligible to be invited to apply for this visa.

How Points are awarded?

Points are awarded on the ba​sis of the factors listed in the following table. All factors are assessed as they are at the time you are invited to apply for this visa.

Factor Description Points
Age 18–24 years 25
25–32 years 30
33–39 years 25
40–44 years 15
45–49 years 0
English language abilityTest results must be no older than three years immediately before the day on which the visa application was made. Competent English (IELTS 6.0 bands in all four modules) 0
Proficient English (IELTS 7.0 bands in all four modules) 10
Superior English (IELTS 8.0 bands in all four modules) 20
Skilled employment

Only 20 points can be awarded for any combination of skilled employment in and outside Australia

Outside Australia: skilled employment in your nominated skilled occupation or a closely related skilled occupation  
·         In skilled employment for at least three but less than five years (of the past 10 years) 5
·         In skilled employment for at least five but less than eight years (of the past 10 years) 10
·         In skilled employment for at least eight and up to 10 years (of the past 10 years) 15
In Australia: skilled employment in your nominated skilled occupation or a closely related skilled occupation  
·         In skilled employment for at least one but less than three years (of the past 10 years) 5
·         In skilled employment for at least three but less than five years (of the past 10 years) 10
·         In skilled employment for at least five but less than eight years (of the past 10 years) 15
·         In skilled employment for at least eight and up to 10 years (of the past 10 years) 20
Qualifications Doctorate from an Australian educational institution or other doctorate of a recognised standard 20
At least a bachelor degree from an Australian educational institution or other degree of a recognised standard 15
Diploma or trade qualification completed in Australia 10
An award or qualification recognised by the assessing authority in the assessment of the skilled occupation 10
Australian study requirement One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian study requirement 5
Specialist Education Qualification Post Graduate Degree by Research through a course or courses taken for at least two academic years at an Australian educational institution 5
Other factors Credentialled community language qualifications 5
Study in regional Australia or a low population growth metropolitan area (excluding distance education) 5
Partner skill qualifications 5
Professional year in Australia for at least 12 months in the four years before the day you were invited to apply 5

 

Interested applicants are welcome to contact our office by completing the below Free Online Assessment Form or by writing us directly on info@mislegal.org

Subclass 190

AUSTRALIAN SKILLED (Sponsored) VISA – Subclass – 190

​The Skilled Nominated visa (subclass 190) is a permanent residence visa for points-test skilled workers who want​​​​ to work and live in Australia after being nominated by an Australian state or territory government agency. To be able to apply for this visa, you must first submit an expression of interest and then be invited through SkillSelect. If you receive an invitation, you will have 60 days to apply online for the visa. During that time, you cannot change the information in your expression of interest.

When you have submitted your expression of interest, a state or territory government can examine it and decide whether to nominate you to apply for a visa. State and territory authorities have their own criteria for deciding who to nominate. Each state or territory government agency have different processes for nominating expressions of interests, some will contact you first and others might wait for you to contact them.

For complete information about the nomination criteria for Australian States, please click here

State and territory government agencies can view your expression of interest in SkillSelect and decide whether to nominate you for a visa. Each state or territory has a list of occupations that guides the types of skills they are looking for. These lists can be found here.

In your expression of interest, you can indicate your interest in just one state or territory, or you can choose to be available to all of them. If you accept a nomination, the states and territories might require you to:

  • live in the nominating state or territory for a specified minimum time
  • tell the state or territory your address, both before and after you arrive in Australia
  • be prepared to complete surveys and providing other post-arrival information they ask for
  • meet any of their other requirements.

 Points for State Nominated Skilled Visa (Subclass 190) are awarded as

 Points are awarded on the ba​sis of the factors listed in the following table. All factors are assessed as they are at the time you are invited to apply for this visa.

Factor

Description

Points

Age

18–24 years

25

25–32 years

30

33–39 years

25

40–44 years

15

45–49 years

0

English language ability

Test results must be no older than three years immediately before the day on which the visa application was made.

Competent English

 

0

Proficient English

10

Superior English

 

20

Skilled employment

Only 20 points can be awarded for any combination of skilled employment in and outside Australia

Outside Australia: skilled employment in your nominated skilled occupation or a closely related skilled occupation

 

·         In skilled employment for at least three but less than five years (of the past 10 years)

5

·         In skilled employment for at least five but less than eight years (of the past 10 years)

10

·         In skilled employment for at least eight and up to 10 years (of the past 10 years)

15

In Australia: skilled employment in your nominated skilled occupation or a closely related skilled occupation

 

·         In skilled employment for at least one but less than three years (of the past 10 years)

5

·         In skilled employment for at least three but less than five years (of the past 10 years)

10

·         In skilled employment for at least five but less than eight years (of the past 10 years)

15

·         In skilled employment for at least eight and up to 10 years (of the past 10 years)

20

Qualifications

Doctorate from an Australian educational institution or other doctorate of a recognised standard

20

At least a bachelor degree from an Australian educational institution or other degree of a recognised standard

15

Diploma or trade qualification completed in Australia

10

An award or qualification recognised by the assessing authority in the assessment of the skilled occupation

10

Australian study requirement

One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian study requirement

5

Specialist Education Qualification

Post Graduate Degree by Research through a course or courses taken for at least two academic years at an Australian educational institution

5

Other factors

Credentialled community language qualifications

5

Study in regional Australia or a low population growth metropolitan area (excluding distance education)

5

Partner skill qualifications

5

Professional year in Australia for at least 12 months in the four years before the day you were invited to apply

5

Nomination/sponsorship (where required)

Nomination by state or territory government (visa subclass 190 only)

5

Nomination by state or territory government or sponsorship by an eligible family member to reside and work in a specified/designated area (visa subclass 489 only)

10

 

Interested applicants are welcome to contact our office by completing the below Free Online Assessment Form or by writing us directly on info@mislegal.org

Subclass 489

SKILLED REGIONAL (Provisional) VISA – Subclass – 489

​The Skilled-Regional (Provisional) visa (subclass 489) is for skilled workers and their families to live, work and study in specified regional areas in Australia for four years.

There are two pathways for this visa:

  • the Invited Pathway
  • the Extended Stay Pathway – you must hold a provisional visa in subclass 475, 487, 495 or 496.

INVITED PATHWAY

You might be eligible to apply for this visa if invited and you are either:

  • nominated by an Australian State or Territory government agency, or
  • sponsored by an eligible relative living in a Designated area of Australia.

Upon receiving the Invitation to Apply, an applicant should also have the following:

  • been nominated by an Australian State or Territory government agency or sponsored by an eligible relative living in a designated area
  • nominated an occupation that is on the list of eligible skilled occupations
  • suitable skills assessment for that occupation,
  • not yet turned 50 years of age
  • achieved the score specified in your letter of invitation based on the factors in the points test
  • at least competent English.

Your invitation is based on the claims made in your expression of interest. Your application must achieve at least the score specified in your invitation to apply when assessed against the points test.

THE EXTENDED PATHWAY

You might be eligible to apply for the Extended Stay Pathway if you are the skilled worker who has held one of the following visas and complied with all visa conditions, for at least two years before applying for this visa:

You must have never held more than one of the above visas.

WHAT DOES THIS VISA LET YOU DO

This visa allows you and your family to:

  • stay in Australia for up to four years
  • live, work and study in a specified regional area of Australia
  • travel in and out of Australia while the visa is valid.

This visa provides a pathway to permanent residence through the Skilled-Regional (Residence) visa (subclass 887).

Interested applicants are welcome to contact our office by completing the below Free Online Assessment Form or by writing us directly on info@mislegal.org

Subclass 457

Temporary Work (Skilled) visa (subclass 457)

On 18 April 2017, the Hon Malcolm Turnbull MP, Prime Minister of Australia and the Hon Peter Dutton MP, Minister for Immigration and Border Protection jointly announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa which will support businesses in addressing genuine skill shortages.

The TSS visa programme will be comprised of a Short-Term stream of up to two years and a Medium-Term stream of up to four years and will support businesses in addressing genuine skill shortages in their workforce and will contain a number of safeguards which prioritise Australian workers.

This new visa is part of the Government’s significant reform package to strengthen the integrity and quality of Australia’s temporary and permanent employer sponsored skilled migration programmes.

Key reforms include:

  • Introducing the temporary skill shortage visa with new requirements, including but not limited to: 
    • new, more targeted occupation lists which better align with skill needs in the Australian labour market
    • a requirement for visa applicants to have at least two years’ work experience in their skilled occupation
    • a minimum market salary rate which ensures that overseas workers cannot be engaged to undercut Australian workers
    • mandatory labour market testing, unless an international obligation applies,
    • capacity for only one onshore visa renewal under the Short-Term stream
    • capacity for visa renewal onshore and a permanent residence pathway after three years under the Medium-Term stream
    • the permanent residence eligibility period will be extended from two to three years
    • a non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers
    • strengthened requirement for employers to contribute to training Australian workers
    • the Department of Immigration and Border Protection will collect Tax File Numbers and data will be matched with the Australian Tax Office’s records, and
    • mandatory penal clearance certificates to be provided.
  • Tightening eligibility requirements for employer sponsored permanent skilled visas, including but not limited to:
    • tightened English language requirements
    • a requirement for visa applicants to have at least three years’ work experience
    • applicants must be under the maximum age requirement of 45 at the time of application
    • strengthened requirement for employers to contribute to training Australian workers, and
    • employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold1.
  • Concessions for regional Australia will continue to be available:
    • Employers in regional Australia will continue to have access to occupations under the temporary and permanent visas, to reflect their skills needs.
    • Existing permanent visa concessions for regional Australia, such as waiving the nomination fee and providing age exemptions for certain occupations, will be retained. Consideration will be given to expanding the occupations in regional Australia that are exempt from the age requirement.
  • Significantly condensing the occupation lists used for skilled migration visas, including the subclass 457 visa, from 19 April 2017.

The implementation of these reforms will begin immediately and will be completed in March 2018.

 

Interested applicants are welcome to contact our office by completing the below Free Online Assessment Form or by writing us directly on info@mislegal.org

Business Migration

Subclass 188

Business Innovation and Investment (Provisional) visa (subclass 188)

This visa category is for people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.

You might be able to get this visa if:

  • you are nominated by a state or territory government or Austrade on behalf of the Australian government
  • you are invited to apply
  • you (and all members of your family unit ) meet certain health and character requirements
  • you meet the additional requirements for the stream in which you apply.

You must:

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
  • score at least 65 on the points test. Please see the Points test tab on this webpage for further information.
  • for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years
  • own at least one of the following percentage of your nominated main business:
    • 51 per cent, if the business has a turnover of less than AUD400 000 per year
    • 30 per cent, if the business has a turnover of AUD400 000 or more per year
    • 10 per cent, if the business is a publicly listed company
  • have an overall successful business career
  • have a genuine desire to continuously own and maintain a management role in a business in Australia.

If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have total net business and personal assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.

You and your partner must have had no involvement in unacceptable business or investment activities.

POINTS TEST

Points are awarded on the basis of the factors listed in the following table. All factors are assessed as at the time you are invited to apply for this visa, unless otherwise noted.

Factor

Description

Points

Age

18–24 years

20

25–32 years

30

33–39 years

25

40–44 years

20

45–54 years

15

55 and older

0

English language ability

Vocational English

5

Proficient English

10

Qualifications

Australian trade certificate, diploma or bachelor degree by an Australian education institute; or

a bachelor qualification recognised by an education institution of a recognised standard

5

Bachelor degree in business, science or technology by an Australian institution; or a bachelor qualification by an education institution of a recognised standard

10

Special endorsement

The nominating state or territory government agency could decide that your proposed business is of unique and important benefit to the state or territory where the nominating government agency is located

10

Financial assets

Net business and personal assets of you, your partner or you and your partner combined in each of the preceding two years of at least:

 

AUD800 000

5

AUD1.3 million

15

AUD1.8 million

25

AUD2.25 million

35

Business turnover

Annual turnover in your main business during a period of at least two years of the preceding four fiscal years of at least:

 

AUD500 000

5

AUD1 million

15

AUD1.5 million

25

AUD2 million

35

Business Innovation stream only

Business experience

You have held one or more businesses before you were invited to apply for the visa for:

 

Not less than four years within the preceding five years

10

Not less than seven years within the preceding eight years

15

Investor stream only

Investor experience

Eligible investment of at least AUD100 000 held for:

 

At least four years before the time of invitation to apply for the visa

10

At least seven years before the time of invitation to apply for the visa

15

Business innovation qualifications

At the time of invitation to apply for the visa:

Evidence of registered patents or registered designs

15

Evidence of registered trademarks

10

Evidence of formal joint venture agreements

5

Evidence of export trade

15

Evidence of ownership interest in a gazelle business

10

Evidence of receipt of grants or venture capital funding

10

State or territory nomination Special endorsement (limited places)

10

 

Interested applicants are welcome to contact our office by completing the below Free Online Assessment Form or by writing us directly on info@mislegal.org

Subclass 132

Business Talent (Permanent) visa (subclass 132)

The Business Talent visa (subclass 132) is a permanent residence visa for business people who are nominated by an Australian state or territory government agency.

WHAT DOES THIS VISA LET YOU DO

The Business Talent (Permanent) visa (subclass 132) allows you to establish a new or develop an existing business in Australia. This is a permanent residence visa. It lets you and any member of your family unit who has also been granted this visa:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia's scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

You might be able to get this visa if:

  • you are nominated by a state or territory government
  • you are invited to apply
  • you and your family members (whether or not they are included in your application) meet health and character requirements
  • you meet the additional requirements for the stream in which you apply.

Significant Business History stream

You, your partner, or you and your partner combined must have all of the following:

  • total net assets of at least AUD400 000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital 
  • net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
  • a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
  • ownership of at least:
    • 51 per cent of a business with turnover of less than AUD400 000 per year
    • 30 per cent of a business with turnover of more than AUD400 000 per year, or
    • 10 per cent of a publicly listed company
  • an overall successful business career
  • no involvement in unacceptable business activities
  • a genuine desire to own and maintain a management role in a business in Australia.

You must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.

Venture Capital Entrepreneur stream

You must have received at least AUD1 million in funding from an Australian venture capital firm.

The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.

The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet.

You must have entered into a formal agreement with the venture capital firm for the funding.

Others

Study in Australia

 

For more information on Australia Study Options and/or Free Assessment, please write to us on info@mislegal.org

 

Relatives in Australia

RELATIVES IN AUSTRALIA

Immigration applicants, who have relatives in Australia may have an easier chance of qualifying in one of the available visa categories. In this instance, the benefiting relatives may be the applicants' parents, children or siblings. Various states of Australia allow easy routes of sponsorship for Skilled Migration to foreign applicant who has one of the above type of relative legally residing in that state for at least one year. Currently, South Australia, Australian Capital Territory and Australian Northern Territory have such Relative Sponsorship routes available. The process of obtaining this benefit from the relative includes applying for the visa category by meeting all other requirements of it and presenting information and evidences of the relationship with the relative and the relative's identity and history of residing in the given state for the required period of time. The relative usually comes under no obligation (through this sponsorship) to bear any of the applicant's financial needs rather he/she is just required to take the responsibility of assisting the applicant in arriving and main themselves in the subject state.

If you have a situation like above, and you’re looking for further information / assistance, MIS-Legal may be contacted for it. Our dedicated staff may be reached on info@mislegal.org.

Visit Australia

VISIT AUSTRALIA

Short Term VISIT Visa may be obtained for tourism purposes for Australia and the process of applying for this visa is usually not very complex. The mandatory requirements for this visa are:

  • having a purpose of visit,
  • showing preparation of visit (such as hotel booking, travel arrangements etc,
  • showing financial ability and
  • showing ties with the home country.

However, countries like Australia whose assessment criteria for this visa category is not simple and preparation for visa application for these countries has to go beyond the mere requirements mentioned above. Interested applicants are therefore advised to seek proper consultation from our expert team to know the level of consideration for this visa for these countries. This will include assessment of applicant’s circumstances as suitable for this visa and checking the availability of required documents that may be important for submission. Without good preparation, if a tourist visa is filed for any of these countries, the chances are that there may be a refusal.

The expert advisers of MIS-Legal can be approached for detailed advice and assistance with this visa application. We may be approached via email on info@mislegal.org 

Citizenship Australia

Citizenship Australia

Citizenship is one the most prized opportunity in the world. Citizenship allows lawful permanent residents and applicants who have certain ties in the country of application to apply to become citizens and be eligible to obtain a passport. Citizenship through Permanent Residency favors applicants who meet the age, permanent residence; time lived in, language, character and knowledge of requirements. The citizenship ceremony is the final step in becoming a citizen. During the citizenship ceremony, applicants will be asked to take an oath of citizenship and will receive their certificate of Citizenship.

To become a citizen through permanent residency, applicants must meet the following requirements:

  • Must be at least 18 years of age (or 14 years or older with parent);
  • Must possess permanent resident status;
  • Must meet the residency requirements for time lived in;
  • Must possess a working knowledge of one of official languages
  • Must not pose a security threat or possess a criminal history;

Certain exemptions apply to the above requirements for applicants below 18 and above 54 years of age.

An applicant who is granted citizenship through permanent residency will be entitled to rights and freedoms including legal rights, equality rights, mobility rights, aboriginal peoples’ rights, freedom of thought, freedom of speech, freedom of religion, and the right to peaceful assembly. They will also have to obey laws, express their opinions freely while respecting the rights and freedoms of others, help others in the community, care for and protect our heritage and environment, and eliminate discrimination and injustice. Another privilege is the right to vote and to have a say in the political leadership of the country.

If you have a question regarding a citizenship case OR wish to apply for it by having qualifying circumstances, you can contact MIS-Legal for advice and assistance. Our dedicated staff can be approached by email on info@mislegal.org

 

Marriage in Australia

Marriage in Australia 

To obtain a Spouse/Civil Partner visa it is necessary for applicants to fulfil the basic prerequisites set out by the Immigration Authorities of their desired country. Regardless of whether the application is made abroad or in the desired country, or if applicants are applying for an extension (where applicable), the main requirements are more or less similar.

At the time of submitting the visa application, applicants for a Spouse/Civil Partner visa must demonstrate that they are legally married to, or in a Civil Partnership with a partner who is sponsoring them. This person must be their genuine spouse/partner and the couple must intend to live together.

The Spouse/Civil Partner visa is initially granted for a short period. Visa holders have unrestricted permission to work or study in the country of immigration and can also enter and leave that country during this period without any further permission. Upon completion of the initial period, visa holders may be entitled to apply for permanent residence. Holders of permanent residence then qualify for nationality based on their circumstances and the regulations of the immigration country.

If you have a situation of seeking Spouse Visa for any of the above country, and you’re looking for further information / assistance, MIS-Legal may be contacted for it. Our dedicated staff may be reached on info@mislegal.org .