Permanent and Provisional Australian Visas Based on the Points System

From 1st September 2007 all applications for General Skilled Migration will be considered against a points test. In an effort to simplify the visa structure the number of skilled visas have been reduced from 15 – 9 subclasses.

These are:
SKILL | AGE | WORK EXPERIENCE | ENGLISH LANGUAGE | AUSTRALIAN WORK EXPERIENCE | AUSTRALIAN EDUCATION |  | PARTNER SKILLS | DESIGNATED LANGUAGE | STUDY IN REGIONAL AUSTRALIA | RELATIVE SPONSORSHIP


Offshore:

The following pass marks apply:

Applicants will be awarded points for 12 different criteria.


Skill:
Applicants will be awarded 40, 50 or 60 points for their skilled occupation. This is usually the occupation where they have obtained their highest qualification. The Skilled Occupation List (SOL) is the list all the occupations on the migration programme.

Before making an application to the Department of Immigration and Citizenship
(DIAC) an applicant is required to have their skills assessed.

In order to be awarded points for SKILL, in addition to having a skills assessment, an applicant also need to demonstrate that they have worked for at least 12 out of the last 24 months prior to lodging their application in their nominated occupation or any occupation on the Skilled Occupation List.

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Age:
Applicants will be awarded points based on their age which is “frozen” at the time of lodging an application. The main applicant must be under 45 years old at the time of lodgement.

When considering a visa application and the applicant’s age is about to fall into a higher age bracket thereby losing 5 points, they should take into account the time that the assessing authority may take in assessing their Skills assessment application.

While most accommodate and will provide an expedited skills assessment if there is a realistic age change, it is best not to rely on this.
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Specific Work Experience:

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English Language:

To be eligible for 25 points an applicant will need to lodge their IELTS test scores reflecting 7/9 for each component of the IELTS test. Applicants with passports from countries where English is the first language such as UK, Ireland, Canada, USA and NZ do not have to sit for an IELTS test except where they wish to score 25 points for Proficient English.

All applicants who are not from the UK, Ireland, Canada, USA and NZ will need to sit for an IELTS test prior to lodging their visa applications and the results of their IELTS test must be lodged with their visa applications. These results cannot be less then 6/9 in all 4 bands unless they are trade applicants or the application is for a Skilled Regional Sponsored Visa.
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Australian Work Experience:

To be eligible for work experience points applicants must have been in paid employment at a skilled level (that is, generally only post qualification work experience will be counted)

A professional year is training program that bridges the gap between having an educational qualification and being professional qualified (eg a registrar year for a Medical Practitioner.
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Australian Education:

To meet the two year study requirement, applicants will have to complete one or more degrees, diplomas or trade qualifications for award by an Australian educational institute as a result of a course or courses:

• Registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS);
  
• Completed as a result of at least two academic years’ study (fully equivalent) or completed in a total of no less then 16 calendar months that the applicant studied in Australia, while holding a visa that allowed study for which all instruction was conducted in English.
  
• Course duration will be calculated from the date classes begin to the date all academic requirements have been met for that qualification.
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Partner Skills:
Applicant’s spouse, de – facto spouse, or interdependent (gay) partner;

• is not an Australian citizen or permanent resident;            5 points
  
• is an applicant for the visa;
  
• meets the threshold criteria for General Skilled Migration

The applicant’s partner will need to be under 45 years old, have a skills assessment in their nominated occupation, meet the English language threshold and recent work experience (be employed for 12 out of last 24 months in an occupation on the Skilled Occupation List).
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Designated Language:
Completed a 3 years tertiary qualification, for which                   5 points
all tuition was in a COMMUNITY language (not English).

Accredited as a professional interpreter (level 3) by NAATI in a community language.

NAATI is the National accreditation Authority of Translators and Interpreters

Although an applicant may be extremely fluent in a community language from their upbringing and school education unless they meet one of the two criteria above they will not be awarded these points. DIAC lists all the community languages on the programme.
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Study in Regional Australia:
Met the two year study requirement while living                         5 points
and studying in Regional Australia.

Department of Immigration and Citizenship have a list of the educational institutions considered regional.
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Relative Sponsorship - Anywhere in Australia:
A sponsor for a permanent Skilled – Sponsored visa(subclass 176 or 886) must be at least 18 years of age and be an Australian citizen, permanent resident or eligible New Zealand citizen who usually resides in Australia.

An eligible Australian relative must be related to you, your spouse or interdependent (gay) partner as one of the following:

• non - dependent child (including an adopted or step sibling)
  
• parent (including an adoptive or step parent)
  
• sibling (including an adopted or step sibling)
  
• niece/nephew (including an adopted or step child)
  
• aunt or uncle (including an adopted or step aunt or uncle)

There are NO points awarded for Relative Sponsorship as the applicant need only score 100 points and not 120 which is the requirement for Skilled Independent applications.

This 20 point reduction is a great opportunity for applicants with eligible relatives who can sponsor them.
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Relative Sponsorship - Deisgnated Areas in Australia:
Applicants who apply for a:
Skilled – Regional Sponsorship Provisional Residence visa (subclass 475)                25 points
sponsored by an eligible Australian relative living in a Designated Area.

Designated Area includes the whole of Victoria (including Melbourne) South Australia (including Adelaide), Gold Coast, Northern Territory (including Darwin), Tasmania (including Hobart) and many other smaller towns in Regional Australia.

An eligible Australian relative must be related to you, your spouse or interdependent partner as one of the following:

• non - dependent child (including an adopted or step sibling)
  
• parent (including an adoptive or step parent)
  
• sibling (including an adopted or step sibling)
  
• niece/nephew (including an adopted or step child)
  
• aunt or uncle (including an adopted or step aunt or uncle)
  
• grandparent,
  
• first cousin,
  

State/Territory Nomination (Sponsorship):
Applicants who have been nominated by a State /Territory government and apply for a:

• Skilled Sponsored - Permanent Residence Visa -> 10 points
  
• Skilled – Regional Sponsored – Provisional Residence (3 year) Visa

Each State/Territory has its own criteria for sponsorship. An application has to be made to the state in which the applicant intends settling once the visa is approved.

The difference between the Skilled Sponsored Permanent Residence and Skilled Regional Sponsored Provisional Residence visas are the following:

• Skilled Sponsored – Permanent Residence – the applicant has been nominated by the state/territory as they have a Specific Skill required in that state as listed on that state/territory Skill Shortage List. Each state/territory have their own skill shortage list;
  
• Skilled – Regional Sponsored – Provisional Residence - the applicant has been sponsored by a State/Territory and their skill is on the State/Territory Skills List. This list is a different list and wider then the list for the Skills Shortage List for Permanent Residence. Each State/Territory have their own Skill Occupation List for Regional Sponsorship. The visa is issued for three years and the applicant is required to live in the sponsoring state/territory for at least 2 out of the 3 years and work in any position (does not have to be in their usual occupation) for at least 35 hours a week for 12 months out of the 3 years. They are then eligible to apply for Permanent Residence.

Contact us if you have any questions about General Skilled Migration.