Most but not all occupations require a formal tertiary qualification. In general:

* 40 points are awarded for occupations that require a diploma or advanced diploma qualification.
* 50 points are awarded for qualifications which require degree level qualifications.
* 60 points are awarded for occupations which require a degree or trade level qualification where entry to the occupation requires specific training and there could be a registration requirement to that occupation.

In some occupations, for example, senior managers, trades and IT specialists work experience without a formal qualification could be acceptable. The assessing authorities for these occupations have their own specific criteria for assessment of skills and work experience. It is essential to understand what the assessing authority of your occupation requires in order to award you a positive assessment.

An applicant needs to nominate an occupation on the Skilled Occupation List (SOL) and then obtain a skills assessment from the assessing authority of that occupation. Once a skills assessment has been approved they may then prepare and lodge their visa application.

An applicant needs to ensure that their mix of points meets the required points threshold of the visa they are applying for. The occupation on which the skills assessment is based does not necessarily need to be the same occupation as their work experience occupation, so long as both occupations are on the Skilled Occupation List. For example, an applicant may be assessed as an engineer but their work experience may be in marketing. This combination is acceptable as both occupations are on the Skilled Occupation List.

Yes as they may be able to provide sponsorship. Sponsoring means demonstrating the ‘blood link’ between the applicant and sponsor. Applicants who are sponsored have a lower point threshold for grant of a visa in the points system. Sponsors also need to sign a declaration stating how they will accommodate the applicant should they require this.

The pass mark for Permanent Residence applicants with a sponsor is 100 points and without a sponsor is 120 points.

In certain cases if an eligible relative lives in a Designated area of Australia, which includes the whole of Victoria, South Australia, ACT, Tasmania, Northern Territory and Gold Coast as well as all of regional Australia (except capital cities of Perth, Sydney, Brisbane) then an applicant is awarded 25 points out a required score of 100 points for a Regional Sponsored Visa, (provisional visa). This means they effectively only will need to score 75 points from the mix of points available.

In order to progress from a Regional Sponsored Visa (provisional visa) to full Permanent Residence an applicant would have to demonstrate that they have lived in the same Regional area as their sponsoring relative for at least 2 out of three years and have worked in paid employment for at least 35 hours a week for one out of the thee years. This could be in any position and does not necessarily have to be in the occupation they nominated in their visa application.

What are the benefits of a Sponsored for Permanent Residence (Subclass 176) from a State/Territory Government?

Most states/territories in Australia have a skills shortage that is hurting their economy. In order to overcome this each have a list of their own Skills Shortages for which they are prepared to sponsor an overseas applicant for permanent residence.

In recognition of the value to the State/Territory in selecting applicants with skills needed to address specific skills needed in their jurisdiction, 10 points will be awarded under the points system under State/Territory Nomination. The overall required points in this category is 100 points so effectively an applicant will only be required to score 90 points in their mix of points and then add the 10 points from State/Territory nomination.

In order to check what skills are required in each respective State an applicant should visit the respective state/territory websites and search under the skilled migration link.

In certain circumstances an applicant may obtain a Long Stay Business Visa, subclass 457 for a period of up to 4 years. There is no age restriction to applying for a subclass 457 visa. There are many qualifying visas for which a subclass 457 can be applied for from within Australia. These are, for example, a Working Holiday Visa (subclass 417), Visitor Visa (Subclass 676) and Student Visas. An applicant must always check if their visa they currently hold qualifies them to lodge for the visa they intend to apply for.

When applying for a Subclass 457 visa it is vital to check that the current visa does not have a condition on it called an 8503 – no further stay, which is a restriction on applying for any further visas from within Australia. If there is an 8503 condition the applicant will need to leave Australia to lodge their application. New Zealand is a popular destination due to its proximity to Australia or they may go to any country preferably where there is an Australian consulate/Embassy/High Commission and lodge from there.

An applicant would need to commence on a subclass 457 visa and then use this visa as a stepping stone for an Employer Nominated Sponsorship (permanent residence). DIAC encourage this process as this would have given the applicant and sponsor an opportunity to get to know each other and the applicant would have proved that they are able to perform in a skilled position. An applicant does not have to wait until their subclass 457 is about to expire before applying for an Employer Nominated Sponsorship.

Alternatively, an applicant can apply under the point system which does not involve a business sponsorship. If an applicant applies under this category they will need to depart Australia when the visa is issued. They can remain in Australia under a 457 and then apply for a skilled application in the General Skilled Migration series, however, by applying for one of these visas they are not given bridging visa rights should your current visa expire. This means that they will either have to renew their subclass 457 or leave Australia and re-enter on a new visa

It is a condition of the 457 that the visa holder has to work for the company that sponsors them. A visa holder may not change employers unless another Australian company is prepared to sponsor them and a new application will have to be lodged to DIAC. In each case the company, position and applicant need to be approved.

Yes, a visa holder’s spouse has unrestricted work rights as long as they are included in the application. Children can also be included in a subclass 457 as long as they can prove dependency which proof would be applicable after the age of 18.

Before the expiry of your current visa, a visa holder can apply to DIAC for another subclass 457. DIAC must approve the company, position and applicant.

All three pasts of a subclass 457 are lodged in Australia regardless of if the applicant is in or outside of Australia. The only time the subclass 457 cannot be lodged in Australia is if the applicant has an 8503 – no further restriction on their current visa. A 457 application can be lodged by internet.

No – a bridging visa is granted automatically if an applicant has applied for a visa from a substantive visa and the visa they have applied from expires but the new one they applied for has not been issued yet. In order to keep them lawfully in Australia while the new visa application is being assessed they automatically go onto a Bridging Visa A. If they want to travel outside of Australia while their visa is being assessed then they need to apply for a Bridging Visa B.

At all times a visa holder must avoid being in Australia without a valid visa or a Bridging Visa.

People who are unlawfully in Australia are placed on a Bridging Visa E which requires them to depart Australia immediately and usually there is a 3 year restriction on them re-entering Australia