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Prospective Marriage Visa

A Prospective Marriage visa is a temporary visa that remains valid for 9 months from the date the visa is granted. If you are granted a Prospective Marriage visa, you must enter Australia and, after that entry, marry your intended spouse (your fiancé) within the period that the visa is valid. To be eligible for a Prospective Marriage visa, you must:

• be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
• be aged 18 years or over (or if you are aged 16 years or over but less than 18 years, you have an Australian court order allowing you to marry your intended spouse);
• have met (as adults) your intended spouse in person and know him or her. This must be the case even if – it is an arranged marriage; you and your sponsor met as children and the marriage was arranged before you turned 8 years of age; or you met on the internet (exchanging photographs is not evidence of having met in person);
• have no impediment to marrying your intended spouse;
• genuinely intend to marry your intended spouse;
• genuinely intend to live with your intended spouse as husband and wife; and
• meet health and character requirements

If you are granted a Prospective Marriage visa, your marriage can take place either in or outside Australia, but you must have entered Australia at least once on the Prospective Marriage visa before the marriage takes place. In addition, your marriage must occur within the 9-month validity period of your Prospective Marriage visa.

Partner Visa

To be eligible to apply for a Partner visa, you must either be married to
your partner at the time you apply.

To apply in Australia for a Partner visa on the basis of marriage, you must be legally married to your partner (in most cases, your sponsor). To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Partner visa).

If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia.

To be eligible for a Partner visa on the basis of your marriage, you must:

• be sponsored by an eligible person 
• be legally married to your partner (usually your sponsor);
• show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner;
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements

De Facto Partner Visa

To apply for a Partner visa as a de facto partner, you and your partner must show that you have been in a de facto relationship for the entire 12 months immediately prior to lodging your application Periods of ‘dating’ do not count towards the 12-month relationship requirement.

To be eligible for a Partner visa as a de facto partner, you must:

• be sponsored by an eligible person (usually by your partner);
• not be related by family;
• together with your de facto partner, be aged at least 18 years at the time your application is made;
• show that you and your partner have a mutual commitment to a shared life to the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner;
• show that you and your partner have been in a de facto relationship for the entire 12 months
  immediately prior to lodging your application;
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements

In assessing a claimed de facto relationship, the department looks at evidence of things such as living
together full-time, sharing important financial and social commitments, and setting up a household
separately from other people.

Temporary Business (Long Stay) -Standard Business Sponsorship (subclasses 457)

The subclass 457 visa is designed to allow Australian employers to recruit overseas employees when businesses are unable to fulfill their employment needs from within the Australian market. The visa is a temporary residency visa that can be granted for a period of time ranging from 3 months to 4 years. The visa process is a three phase process involving a sponsorship, nomination and visa application. 

The business needs to satisfy a number of criteria including providing evidence that it is actively engaged in business activities and has a satisfactory training record. New businesses and proposals may be considered if there is a clear intention to establish the business and an auditable training plan is in place.

Businesses that have no formal operating base or representation in Australia may also apply to bring employees to Australia, on a temporary basis, in order to

Establish a branch, joint venture or agency distribution and subsidiary branches in Australia; or 

Fulfil obligations for a contract or other business activity in Australia

Sponsors will need to nominate an occupation for the employee that is on the government’s gazetted list, and will need to demonstrate that the employee will be paid a market related salary. In addition, for the nomination to be approved, the market salary rate must be greater than the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT is currently A$53,900

Employees must demonstrate that they have the necessary skills and qualifications to undertake the position nominated. In addition the employee and family members will need to pass medical checks.

The business will also have to demonstrate that Australia will benefit through the employment of temporary entrants in the business and that the business will introduce new “cutting edge” technology to Australia. It will also need to demonstrate that there is a commitment to training Australians and employing Australians once the business is established.

Employer Nominated Scheme (ENS) (subclass 186)

The Employer Nomination Scheme allows Australian employers to fill highly skilled positions in Australia with a non-Australian citizen or resident. The ENS enables Australian employers to recruit, on a permanent basis, highly skilled staff from overseas or temporary residents already in Australia, when they are unable to fill a vacancy from within the Australian labour market or through their own training.

The sponsoring company will need to show that they satisfy the following criteria, amongst others:

• there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in Australia
• the employer has a satisfactory record of training employees
• the nominated position corresponds to an occupation specified on Consolidated Sponsored Occupation List (CSOL),
• the nominated position will provide employment on a full-time basis for at least 3 years;
• the nominated position provides working conditions which are no less favourable than those provided for under the relevant Australian legislation and awards; and
• the nominated position will pay a salary that is at least the specified minimum salary level for the occupation

The employee needs to meet the following requirements, amongst others:

• Have a satisfactory skill assessment from an Australian assessing authority and 3 years post qualification work experience
• Have been nominated for a position with a base salary specifed by a legislative instrument
• Be less than 50 years of age unless a specific exemption applies
• Have vocational English language ability, unless a specific exemption applies
• Satisfy mandatory health and character checks

Regional Sponsored Migration Scheme (RSMS) (suclass 187)

The RSMS allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market. Any employer can participate in the scheme as long as their business and the position being filled is in an area covered under the RSMS. All areas of Australia are covered except Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.

A nomination made under the RSMS cannot be approved unless it has been certified by a Regional Certifying Body. the Certifying Body will assess whether or not there is a need for a paid employee in the business operated by the employer and the employer is actively operating in a regional or low population growth area of Australia; and that the nominated position is located in a regional or low population growth area and is for at least 2 years from commencement .

The employer also needs to show that :

• they have a satisfactory record of compliance with Australian immigration and workplace relations law;
• the employer does not have any adverse information against it or it's officers;
• the nominee will be paid on a salary and working conditions that accord with the relevant Australian legislation and award.
• The employee needs to meet the following requirements, amongst others:
• Hold, or is eligible to hold, any mandatory registration, licence or professional membership which allows work independently and without further training
• Be less than 50 years of age unless a specific exemption applies
• Have functional English language ability, unless a specific exemption applies
• atisfy mandatory health and character checks

Business Talent - subclass 132

A State or Territory sponsored permanent visa for high calibre business owners or entrepreneurs.  Applicants may be inside or outside Australia at the time of the visa grant or application and must submit an Expression of Interest (EOI) in SkillSelect.

There are two streams to the visa category:-

Venture Capital Entrepreneur

Applicants must have sourced A$1 million in venture capital funding from a member of the Australian Venture Capital Association (AVCAL) to fund the start up or product commercialisation of a high value business idea in Australia.

Significant Business History

Applicants much be:

• High calibre business owner who will enter into business in Australia
• Be less than 55 years of age or the nominating jurisdiction must provide their support to waive the age requirement
• Have net business and personal assets of A$1.5 million (A$400,000 must be net business assets)
• Have a business turnover of A$3 million

Business Innovation and Investment Visa - subclass 188

A State or Territory sponsored provisional visa with no minimum English requirement and is valid for four years.

Applicants may be inside or outside Australia at the time of visa grant or application and must :-

• Have a points tested pass mark of 65
• Submit an EOI in SkillSelect
• Be less than 55 years of age or the nominating jurisdiction must provide their support to waive the age requirement.

There are two streams to this visa subclass

Business Innovation Stream

Applicants must have :

• A genuine and realistic commitment to be involved as an owner of a new or existing business in Australia
• An overall successful business career
• Net business and personal assets of A$800,000
• A business turnover of A$500,000

Applicants may be eligible to renew the visa for an additional two years.

Investor Stream

Applicants must have

• At least 3 years’ experience of direct involvement in eligible investment
• Made a designated investment of A$1.5 million into a State or Territory government bond for four years
• Net business and personal assets of A$2.25 million

There is no business turnover requirement.

Skilled Independent (Subclass 189)

If you are a qualified professional or trades person with work experience that will benefit the Australian economy, and your occupation is on the Skilled Occupation List (SOL), this visa is for you.

In addition to meeting the basic requirements mentioned above, you are also required to pass a points test with points being awarded for age, English language ability, specific work experience, qualification, spouse skills, Australian skilled work experience, Australian qualifications and fluency in one of Australia's major community languages.

The current passmark for this particular visa category is 60 points however, because of ceilings imposed on certain occupations, you may in fact be required to obtain more than 60 points in order to receive an invitation to apply for this visa.

To be able to apply for this visa you need to submit an expression of interest and then be invited through SkillSelect to apply.

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).

Skilled Nominated (Subclass 190)

If you are a qualified professional or trades person with work experience that will benefit the Australian economy, and your occupation is NOT on the Skilled Occupation List (SOL), but is on the Consolidated Skilled Occupation List (CSOL) as well as being on one of the State/Territory Migration Plans (STMPs), then you may be eligible for this visa.

In addition to meeting the basic requirements mentioned above, you are also required to pass a points test with points being awarded for age, English language ability, specific work experience, qualification, spouse skills, Australian skilled work experience, Australian qualifications, fluency in one of Australia's major community languages and State nomination.

The current passmark for this particular visa category is 60 points however, because of ceilings imposed on certain occupations, you may in fact be required to obtain more than 60 points in order to receive an invitation to apply for this visa.

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 will only receive an invitation through SkillSelect on this visa program once you have been nominated by a State/Territory government.

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.

Each state or territory government agency has its own process for nominating expressions of interest

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).

Skilled Nominated or Sponsored (subclass 489)

Unlike the two visas mentioned, this is a temporary residency visa which leads to permanent residency at a later stage. 

In order to qualify for this visa you will need to meet the basic criteria and achieve the necessary points on the points test.  However, under this particular visa category extra points are awarded if you are sponsored by a close relative or nominated by a State/ Territory government agency. The proviso for family sponsorship under this visa category is that your relative usually resides in a designated area of Australia.

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.

Each state or territory government agency has its own process for nominating expressions of interest

The current passmark for this particular visa category is 60 points however, because of ceilings imposed on certain occupations, you may in fact be required to obtain more than 60 points in order to receive an invitation to apply for this visa.

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 will only receive an invitation through SkillSelect on this visa program once you have been nominated by a State/Territory government.

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

Occupation Ceilings

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