WHV – Working Holiday Visa
The working holdiay visa is also called WHV or a 417 visa. This visa allows people between 18 and 30 upto one year (you can extend, see below) in Australia. Whilst on this visa you are allowed to enter and leave Australia any number of times, you can study for upto 4 months and work for any one employer for upto 6 months.
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2nd Working Holiday Visa
To be eligable for this visa you need to have completed 3 months of specified work in a regional area of Australia while you were in your original WHV. Whilst one this visa you are allowed to work for a further 6 months for the same employer you worked under during the initial visa- which is a great oportunity to work for one employer for a year in total and can give you opportunity to get sponcored by the employer (see below). You can apply for this visa outside of Australia which will result in the second year commencing form the date of re-entry, or you can apply within Australia, the year will simply add onto the end of your first WHV.
457 – Temporary Business Entry
This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. The employer must be approved as a standard business sponsor or hold an approved Work Agreement, by the Department of Immigration and Citizenship (DIAC), please see information below regarding business sponsorship agreements.
The role being nominated must be an occupation which is on the 457 skilled occupation list, the salary must meet the current Temporary Skilled Migration Income Threshold (TSMIT) and the applicant must be remunerated at the market salary rate for the occupation being nominated.
The applicant must be eligible (generally either degree qualified or have five years relevant employment experience in the nominated occupation, although some occupations only require diploma qualification or thee years relevant employment experience) and meet health and character requirements. Spouses and dependents can be added on to this visa.
The visa is a four year temporary visa. The applicant is restricted to employment with the sponsoring employer only for the period of the visa, unless the visa is transferred to another employer through the course of its validity. The DIAC have recently made processes which ensure easy transition between employers as the holder of a 457 temporary business visa.
Business Sponsorship Agreements
The Business sponsorship has been set up to allow Australian businesses to employ overseas workers to assist with skills shortages, but each business must first of all be approved as a business sponsor. This involves establishing that the company is legally established in Australia, has a commitment to employing mainly Australians, actively trains their Australian employees and can meet the training benchmarks as set by the Department of Immigration and Citizenship (DIAC), is financially viable to meet the obligations of the sponsorship and complies with all the relevant Australian employment regulations and awards as well as all migration legislation and regulations.
Once a company is approved by DIAC, the business sponsorship approval is valid for a period of three years. The company is then able to nominate overseas applicant’s for sponsoring under the 457 temporary business visa scheme. The company will be monitored on a regular basis by the DIAC compliance section to ensure they are abiding by all their sponsor obligations.
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Employer Nomination Scheme (ENS)
The Employer Nomination Scheme (ENS) enables employers to sponsor highly skilled workers to fill skilled vacancies in their business. Skilled workers can be recruited either from overseas, or from people who are temporarily already in Australia. Employers must be lawfully operating in Australia, and the position must provide full time employment in Australia for at least three years and meet the Minimum Salary Level gazetted at the time of application. The occupation must also be on the Employer Nomination Skilled Occupation List (ENSOL) at the time of application.
The company and position must be approved by the Department of Immigration and Citizenship and the main applicant must meet the eligibility requirements. All applicant must meet and health and character requirements.
There are three options by which an applicant can be eligible for permanent residency:
- The applicant has been in Australian on an eligible visa subclass for at least the last two years prior to lodgement of the application (most popular visa subclass is the 457 temporary business visa). The applicant must have been working full time in the occupation which is being nominated for the two year period and must have spent at least the last 12 months employed and working full time in the nominated occupation with the sponsoring company.
- The applicant is able to provide a positive skill assessment for their occupation from the relevant skill assessing authority and evidence that they have three years “skilled” (this is generally defined by post grad) employment experience in the nominated occupation.
- The applicant is being remunerated at a salary as gazetted at the time of lodgement (currently $250,000 plus super).
Applicants must be over 18 but under 45 years of age. There are provisions for the DIAC to waive the age requirement for highly skilled applicants.
This is a permanent visa and includes spouse and dependents.
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General Skilled Migration
The General Skilled Migration program, is for people who are not sponsored by an employer and who have skills in particular occupations required in Australia. Applicants must be over 18 and under 45 years of age, with good English language ability, and recent skilled work experience or a recently completed eligible Australian qualification.
This scheme is a points tested scheme and the applicant must meet the points test applicable at the time of lodgement of their application. Points are awarded for the occupation, age, English language ability and employment experience/qualifications of the applicant.
Applicants must also have skills and qualifications for an occupation listed on Australia’s Skilled Occupation List (SOL) and provide a positive skill assessment from the relevant assessing authority for their nominated occupation.
Applicants can also be sponsored by family members under this program.
Please note that BIG changes are being planned for July 2011 and the points allocated so if you are assessed as being eligible under the current points system, we strongly advise applying for general skilled migration prior to the change to the points system.
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Spouse applications
If you are in a relationship with an Australian citizen, Australian permanent resident or eligible NZ citizen, and want to stay permanently in Australia, then you may be eligible to lodge an application to the Department of Immigration and Citizenship (DIAC) for a partner visa. This applies whether you are married or living in a de facto relationship. Since 1 July 2009 same-sex couples can apply under the same visa class as de facto couples.
Spousal visas are a 2 phase visa. Firstly a 2 year temporary visa is issued. DIAC then invite you to apply for permanent residence after a two year period (from the date of lodgement of the initial application). The relationship must still be continuing and documents provided to evidence this. In some instances it is possible to be granted the permanent visa immediately, such as when the couple have children or have been in a de-facto relationship or married for a period of over 5 years.
Your Australian citizen, permanent resident, or eligible NZ citizen partner must be an eligible sponsor.
You need to be able to evidence either your marriage or evidence a de-facto relationship with your sponsor.
- If unmarried – must be in a de facto or same-sex relationship:
- Live together (or do not live apart on a permanent basis);
- Commitment to a shared life as husband and wife to exclusion of all others;
- Normally you must have been in a relationship for at least 12 months.
Some states now have relationship registers. De facto couples who are registered are able to get an exemption from the 12 month relationship requirement. Currently NSW, Victoria, ACT and Tasmania have relationship registers with their Department of Births Deaths and Marriages
You must also satisfy health and character requirements.
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Family Migration
There are a number of migration options for fiancé(e)s, partners, children, parents and other family members of Australian citizens, Australian permanent residents or eligible New Zealand citizens.
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Student Visas
Your passport country and course(s) of study determine your Assessment Level. The Student visa subclass under which you will be assessed is determined by your main course of study, even if you are studying a package of courses.
Student Subclass Options
These are the Student subclass options that are available.
English Language Intensive Courses for Overseas Students (ELICOS)
Applies to stand-alone English language courses that lead to a certificate I, II, III or IV, or that result in no formal Australian award.
Primary or secondary school course
Applies to primary, junior secondary or senior secondary school courses, and approved secondary school exchange programs.
Vocational education and training
Applies to Certificates I, II, III or IV (except ELICOS), diploma, advanced diploma, vocational graduate certificate or vocational graduate diploma courses.
Higher education
Applies to a Bachelor degree, associate degree, graduate certificate, graduate diploma, or Masters by coursework.
Postgraduate research
Applies to Masters by research or a doctoral degree.
Non-award
Applies to non-award foundation studies, or other full-time courses or components of courses not leading to an Australian award.
AusAID and Defence
Applies to students sponsored by AusAID or the Australian Department of Defence undertaking full-time courses of any type.
Student Guardians
Parents or relatives can apply for a visa to stay in Australia as the guardian of a student who is studying in Australia.
