For your free assessment, please choose one of the following options:

Posted on May 15, 2013 by ECSIC MAR 9578145

For your free assessment, please choose one of the following options:.

Regional Sponsored Migration Scheme

Posted on May 7, 2013 by ECSIC MAR 9578145

Regional Sponsored Migration Scheme (subclass 187)

Features

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in regional Australia. It has three streams.

The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.
The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market.
The Agreements stream is for people sponsored by an employer through a labour or regional migration agreement.

Requirements

People can apply for this visa if they:

want to live and work in regional Australia, meaning not in the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne
have been nominated by an approved Australian employer located in regional Australia
are younger than 50 years of age
meet the skills, qualifications and English language requirements.

The Regional Sponsored Migration Scheme visa (subclass 187) is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia. It is part of the permanent Employer Sponsored visa program.

To apply for this visa, you must:

· be nominated by an approved employer who will nominate you for a position in their business in regional Australia.
· be younger than 50 years of age
· meet the skills and qualifications requirements
· meet English language requirements.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest through SkillSelect. Prospective employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.

If you are nominated to apply for this visa, you must lodge your application online within six months of the date the nomination was approved.

Please ensure your visa application is lodged after your employer nomination has been lodged and you select the correct stream. Failure to do so may result in an invalid visa application.

When you apply, you must select one of the visa’s three streams.

· Choose the Temporary Residence Transition stream if you are a subclass 457 visa holder who has worked for your employer for two years in the nominated occupation and your employer wants to offer you a permanent position in that occupation. Please note you must have a nomination application lodged under Temporary Residence Transition stream to be eligible for this option.
· Choose the Direct Entry stream if you have never, or only briefly, worked in the Australian labour market, or have not held a subclass 457 visa for the last two years with your nominating employer, or if you are applying directly from outside Australia. If you have a nomination lodged with the department before 01 July 2012, you must lodge the visa application under this stream.
· Choose the Agreement stream if you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The skills, qualifications and language requirements depend on whether you apply for the Temporary Residence Transition stream, the Direct Entry stream or the Agreement stream.

Temporary Residence Transition stream

If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

You must have at least vocational English.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

Direct Entry stream

If you apply for the Direct entry stream, you must:

· have qualification and skills relevant to your nominated occupation
· have your skills assessed by the relevant assessing authority if you are nominated as a tradesperson and obtained your qualifications outside Australia
· have competent English.

Agreement stream

If you apply for the Agreement stream, you must meet the age, skills and English language requirements stated in the agreement.

Lodge the application

You must lodge your application online. This can be done while you are in or outside Australia. You must pay the initial application charge of AU$3060 by credit card at that time.

A second charge, that applies only to applicants and dependants aged 18 years or over with less than functional English, is payable before a visa can be granted.

As part of lodging your application, you must confirm that you agree with the Australian Values Statement and have read, or had explained to you, the Life in Australia book.

Provide relevant documents

You must provide documents that prove the claims you make in your application. Any document in a language other than English must be accompanied by an English translation that has been done by an accredited translator.

If you do not provide all the documents a decision may be made on the information you have provided. It is in your interest to support your application with as much information as possible.

These documents must be submitted with your online application.

The department will contact you if they need additional information and/or other documentation such as original documents.

After you lodge your application and documents, the department will let you know that they have received your information, assign you a case officer, consider your application, request an interview (if needed), ask for more information (if needed) and make a decision.

Provide more information

Meet health requirements

You and all members of your family unit must meet certain health requirements. The department will tell you when to arrange health examinations.

Meet character requirements

You and all members of your family unit must meet certain character requirements. This means you and each of your dependants (whether migrating or not) who are aged 16 years or older must provide police certificates. These need to be obtained from each country you and your family members have lived in for 12 months or more over the last 10 years or, in the case of those younger than 26 years or age, since each person turned 16 years of age.

The department will tell you when to arrange police certificates.

Provide biometrics

You may be asked to provide biometrics (a scientific form of identification) as part of your application. Countries and visa subclasses included in the biometrics program has more information.

Attend an interview

You may be asked to attend an interview, either face-to-face or by telephone, after lodging your application. If it is a face-to-face interview, bring your passport or other identification and any requested documents.

Provide a comment, if required

If another person gives the department information that could result in you being refused a visa, the department will give you the chance to comment on that information.

Report changes

The department needs to know, in writing, about changes in circumstances that may affect the processing of your visa application such as:

· you move to a new address
· you get a new passport
· you want to add or change the person authorised to act on your behalf in connection with the application
· a birth or death in your family (a newborn child can be added to an application after it has been lodged but before a decision has been made)
· you and/or your dependent family members intend to travel to and from Australia while the application is being processed.

Obtain a Bridging visa

If you apply for the Regional Sponsored Migration Scheme visa while you are in Australia, you are likely to be given a Bridging visa that allows you to stay in the country lawfully while your application is processed.

If you want to travel outside Australia while your application is being considered, you may need to apply for a specific Bridging visa that allows you to leave and return to Australia.

People who already have a valid visa that allows them to travel to and from Australia (such as a subclass 457) will not need to do this.

If you apply for this visa outside Australia and then travel to Australia on another visa before this application is decided, you may need to apply for a Bridging visa.

Wait for a visa decision

The department has service standards relating to the time it takes to process applications for this visa. The country you come from and whether you lodge your application in or outside Australia affect the time it takes for your application to be finalised.

Receive a visa decision

If your visa application is approved, the department will send you an email with the:

· visa grant number
· visa conditions (including a specified initial entry date)
· details of what you must do next.

If your visa application is not approved, the department will send you an email stating:

· why the visa was not approved
· your review rights, if any
· a time frame for lodging an appeal, if applicable.

Conditions and obligations for holders of visa subclass 187

This information explains what is required of you and your accompanying dependent family members after you are granted a permanent Regional Sponsored Migration Scheme visa (subclass 187)

Enter Australia

If you are outside Australia when the visa is granted, you and any dependent family members included in your application must enter Australia within six months of the visa being granted, or your visa will be cancelled.

Entitlements

This visa allows you and your accompanying family members to:

· live and work permanently in Australia
· study in Australia
· enrol in Medicare, Australia’s scheme for health-related care and expenses
· access certain social security payments
· apply for Australian citizenship (subject to residency criteria)
· sponsor other people for permanent residence
· travel in and out of Australia for five years.

If you travel out of Australia

This is a permanent residence visa. It allows you to travel to and from Australia for five years from the date it is granted. If you want to continue such travel after the visa expires, you must get a Resident Return visa. You can also apply for citizenship.

Comply with visa conditions and Australian laws

You and your family must comply with all visa conditions and Australian laws.

Visa cancellation

The department may cancel this visa if you do not make a genuine effort to begin employment with your Regional Sponsored Migration Scheme sponsor within six months of:

· your first entry to Australia if you were granted this visa while you were outside of Australia, or
· the visa being granted if you were granted this visa while you were in Australia.

The department may also seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled.

Employers / sponsors

Conditions and obligations for employers

This information explains what is required of you if you want to nominate a skilled worker (and any dependent family members included in their application) for a permanent Regional Sponsored Migration Scheme visa (subclass 187).

Who can nominate

To participate in the Regional Sponsored Migration Scheme, you must:

· operate an active and lawful business in regional Australia
· have a genuine need for a paid employee to fill a skilled position
· offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years
· pay a market salary rate
· comply with Australian immigration and workplace relations laws
· have no adverse information against you or your business
· nominate a skilled position. This position must be:

an occupation that is classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations for Direct Entry stream
consistent or similar to the position sponsored by the Standard Business Sponsor under the subclass 457 visa program for the Temporary Residence Transition stream
· continues or is committed to meet the training requirements under the subclass 457 visa program for the Temporary Residence Transition stream.

Market salary rate

A market salary rate has terms and conditions of employment that are at least the same as those that would apply to an Australian employed in the same workplace, in the same occupation and in the same location.

You must prove to the department that your offer to the nominated persons will meet the requirements of the market salary rate. Depending on whether you have an Australian doing similar work, you can do this by:

· reporting the terms and conditions that apply to an Australian worker who is already employed in a similar job in a similar location in your workplace
· referring to an industrial award or enterprise agreement that outlines terms and conditions for Australians performing similar work in similar locations
· providing relevant data from reputable remuneration surveys
· providing evidence of the salaries of employees performing equivalent work in similar locations.

Visa streams

You must nominate the applicant in one of the visa’s three streams.

Temporary Residence Transition stream

Use this stream if you have already sponsored the applicant for a subclass 457 visa. The other conditions are:

· the employee must have worked in a nominated position in your business, on a subclass 457 visa, for at least two years before the nomination is lodged
· the nominated position must be full-time, ongoing and offered for at least two years and be consistent with the position in which the applicant has already worked
· you have met the subclass 457 visa training requirement.

Direct Entry stream

Use this stream if you want to nominate an applicant to fill a position that is:

· an occupation that is classified at skill level 1 to 3 by the Australian and New Zealand Standard Classification of Occupations
· full-time, ongoing and for at least two years.

You must seek advice from a Regional Certifying Body in relation to the position you want to fill. The resulting advice can be submitted before or after you lodge an employer nomination application online.

Agreement stream

Use this stream if you want to nominate an applicant through a labour agreement or regional migration agreement that has been tailored and negotiated with the government before the nomination is lodged.

A labour agreement can take about six months to be negotiated. It comes into effect when it has been signed by all parties involved in the negotiations.

The agreement must:

· identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers
· specify the number of skilled workers needed from outside Australia
· the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

Nominations

You must submit your nomination application online. Complete nomination applications are likely to be processed more quickly. Incomplete ones may be delayed and, on occasion, refused.

Cost for nomination – There is no charge to lodge a nomination application for the Regional Sponsored Migration Scheme. However, you may have to pay a Regional Certifying Body for their advice in relation to a Direct Entry stream position.

For more information or clarifications, please contact us.

Source: Department of Immigration and Citizenship

Employer Nomination Scheme (subclass 186)

Posted on May 2, 2013 by ECSIC MAR 9578145

Employer Nomination Scheme (subclass 186)

Employers

Conditions and obligations for employers

This information explains what is required of you if you want to nominate a skilled worker (and any dependent family members included in their application) for a permanent Employer Nomination Scheme visa (subclass 186).

Who can nominate

To participate in the Employer Nomination Scheme, you must:

· operate an active and lawful business in Australia
· have a genuine need for a paid employee to fill a skilled position
· offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years
· pay a market salary rate
· comply with Australian immigration and workplace relations laws
· have no adverse information against you or your business
· nominate a skilled position. This position must be:· meet the training benchmark for the Direct Entry stream; and continues or is committed to meet the training requirements for the subclass 457 visa program for the Temporary Residence Transition stream.
- on the Consolidated Sponsored Occupation List for the Direct Entry stream
- consistent or similar to a position sponsored by the Standard Business Sponsor under the subclass 457 visa program for the Temporary Residence Transition stream

Training requirement

For the Direct Entry stream if your business has been operating in Australia for 12 months or more, you must demonstrate that you meet the prescribed benchmark for the training of Australian citizens or Australian permanent residents.

If your business has been operating for less than 12 months, you must demonstrate that you have an auditable plan to meet this training benchmark.

For the Temporary Residence Transition stream, you must demonstrate that you have met and continue to meet the training requirements on the basis of which your Standard Business Sponsorship under the subclass 457 visa program was approved.

Market salary rate

A market salary rate has terms and conditions of employment that are at least the same as those that would apply to an Australian employed in the same workplace, in the same occupation and in the same location.

You must prove to the department that your offer to the nominated people will meet the requirements of the market salary rate. Depending on whether you have an Australian doing similar work, you can do this by:

· reporting the terms and conditions that apply to an Australian worker who is already employed in a similar job in a similar location in your workplace
· referring to an industrial award or enterprise agreement that outlines terms and conditions for Australians performing similar work in similar locations
· providing relevant data from reputable remuneration surveys
· providing evidence of the salaries of employees performing equivalent work in similar locations.

Visa streams

You must nominate the applicant in one of the visa’s three streams.

Temporary Residence Transition stream

Use this stream if you have already sponsored the applicant for a subclass 457 visa. The other conditions are:

· the employee must have worked in the nominated position in your business, on a subclass 457 visa, for at least two years before the nomination is lodged
· the nominated position must be full-time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked
· you have met the subclass 457 visa training requirement.

Direct Entry stream

Use this stream if you want to nominate an applicant to fill a position that is:

· an occupation on the Consolidated Sponsored Occupation List
· full-time, ongoing and available for at least two years.

Agreement stream

Use this stream if you want to nominate an applicant through a labour agreement or regional migration agreement that has been tailored and negotiated with the government before the nomination is lodged.

A labour agreement can take about six months to be negotiated. It comes into effect when it has been signed by all parties involved in the negotiations.

The agreement must:

· identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers
· specify the number of skilled workers needed from outside Australia
· the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

Nominations

Complete nomination applications are likely to be processed more quickly. Incomplete ones may be delayed and, on occasion, refused.

We can prepare and lodge your nominations for you on line.

Cost

There is an AUD540 charge to lodge a nomination application in the Direct Entry stream.

There is an AUD540 charge to lodge a nomination application in the Temporary Residence Transition stream if the position is not located in regional Australia.

There is no charge to lodge a nomination application in the Temporary Residence Transition stream if the position is located in regional Australia.

There is no charge to lodge a nomination application in the Agreement stream.
Note: Regional Australia covers all of Australia except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong and Melbourne.

Employee

Features

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia. It has three streams.

The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.
The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market.
The Agreement stream is for people sponsored by an employer through a labour or regional migration agreement.

Requirements

People can apply for this visa if they:

have been nominated by an approved Australian employer
are less than 50 years of age
meet the skills, qualifications and English language requirements.

The Employer Nomination Scheme visa (subclass 186) is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia. It is part of the permanent Employer Sponsored visa program.

To apply for this visa, you must:

· be nominated by an approved employer
· be younger than 50 years of age
· meet the skills and qualifications requirements
· meet English language requirements.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest through SkillSelect. Employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.

If you owe the Australian Government money, you may not be eligible to be granted a visa until you have made arrangements to pay the debt.

If you are nominated to apply for this visa, you must lodge your application online within six months of the date the nomination was approved.

Please ensure your visa application is lodged after your employer nomination has been lodged and you select the correct stream. Failure to do so may result in an invalid visa application.

When you apply, you must select one of the visa’s three streams.

· Choose the Temporary Residence Transition stream if you are a subclass 457 visa holder who has worked for your employer for two years in the nominated occupation and your employer wants to offer you a permanent position in that occupation. Please note you must have a nomination application lodged under Temporary Residence Transition stream to be eligible for this option.
· Choose the Direct Entry stream if you have never, or only briefly, worked in the Australian labour market, or have not held a subclass 457 visa for the last two years with your nominating employer, or if you are applying directly from outside Australia. If you have a nomination lodged with the department before 01 July 2012, you must lodge the visa application under this stream.
· Choose the Agreement stream if you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The skills, qualifications and language requirements depend on whether you apply for the Temporary Residence Transition stream, the Direct Entry stream or the Agreement stream.

Temporary Residence Transition stream

If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

You must have at least vocational English.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

Direct Entry stream

If you apply for the Direct entry stream, you must:

· provide a positive skills assessment in your nominated occupation
· provide evidence of at least three years of relevant work experience
· have competent English.

Skills assessments must be submitted with your online visa application.

Agreement stream

If you apply for the Agreement stream, you must meet the age, skills and English language requirements stated in the agreement.

Lodge the application

You must lodge your application online. This can be done while you are in or outside Australia. You must pay the initial application charge of AUD3060 by credit card at that time.

A second charge, that applies only to applicants and dependants aged 18 years or older with less than functional English, is payable before a visa can be granted.

As part of lodging your application, you must confirm that you agree with the Australian Values Statement and have read, or had explained to you, the Life in Australia book.

Provide relevant documents

You must provide documents that prove the claims you make in your application

Any document in a language other than English must be accompanied by an English translation that has been done by an accredited translator.

If you do not provide all the documents a decision may be made on the information you have provided. It is in your interest to support your application with as much information as possible.

These documents must be submitted with your online application.

The department will contact you if they need additional information and/or other documentation such as original documents.

After you lodge your application and documents, the department will let you know that they have received your information, assign you a case officer, consider your application, request an interview (if needed), ask for more information (if needed) and make a decision.

Provide more information

Meet health requirements

You and all members of your family unit must meet certain health requirements. The department will tell you when to arrange health examinations.

Meet character requirements

You and all members of your family unit must meet certain character requirements. This means you and each of your dependants (whether migrating or not) who are aged 16 years or older must provide police certificates. These need to be obtained from each country you and your family members have lived in for 12 months or more over the last 10 years or, in the case of those younger than 26 years or age, since each person turned 16 years of age.

The department will tell you when to arrange police certificates.

Provide biometrics

You may be asked to provide biometrics (a scientific form of identification) as part of your application. Countries and visa subclasses included in the biometrics program has more information.

Attend an interview

You may be asked to attend an interview, either face-to-face or by telephone, after lodging your application. If it is a face-to-face interview, bring your passport or other identification and any requested documents.

Provide a comment, if required

If another person gives the department information that could result in you being refused a visa, the department will give you the chance to comment on that information.

Report changes

The department needs to know, in writing, about changes in circumstances that may affect the processing of your visa application such as:

· you move to a new address
· you get a new passport
· you want to add or change the person authorised to act on your behalf in connection with the application
· a birth or death in your family (a newborn child can be added to an application after it has been lodged but before a decision has been made)
· you and/or your dependent family members intend to travel to and from Australia while the application is being processed.

Obtain a Bridging visa

If you apply for the Employer Nomination Scheme visa while you are in Australia, you are likely to be given a Bridging visa that allows you to stay in the country lawfully while your application is processed.

If you want to travel outside Australia while your application is being considered, you may need to apply for a specific Bridging visa that allows you to leave and return to Australia.

People who already have a valid visa that allows them to travel to and from Australia (such as a subclass 457) will not need to do this.

If you apply for this visa outside Australia and then travel to Australia on another visa before this application is decided, you may need to apply for a Bridging visa.

Wait for a visa decision

The department has service standards relating to the time it takes process applications for this visa. The country you come from and whether you lodge your application in or outside Australia affect the time it takes for your application to be finalised.

Receive a visa decision

If your visa application is approved, the department will send you an email with the:

· visa grant number
· visa conditions (including a specified initial entry date)
· details of what you must do next.

If your visa application is not approved, the department will send you an email stating:

· why the visa was not approved
· your review rights, if any
· a time frame for lodging an appeal, if applicable.

Conditions and obligations for holders of visa subclass 186

This information explains what is required of you and your accompanying dependent family members after you are granted a Employer Nomination Scheme visa (subclass 186).

Enter Australia

If you are outside Australia when the visa is granted, you and your dependent family members may enter Australia at any time.

Entitlements

This visa allows you and your accompanying family members to:

· live and work permanently in Australia
· study in Australia
· enrol in Medicare, Australia’s scheme for health-related care and expenses
· access certain social security payments
· apply for Australian citizenship (subject to residency criteria)
· sponsor other people for permanent residence
· travel in and out of Australia for five years.

If you travel out of Australia

This is a permanent residence visa. It allows you to travel to and from Australia for five years from the date it is granted. If you want to continue such travel after the visa expires, you must get a Resident Return visa. You can also apply for citizenship.

To apply for this visa or more information, please contact us

Source: Department of Immigration and Citizenship

Skilled – Nominated or Sponsored visa

Posted on April 26, 2013 by ECSIC MAR 9578145

Skilled – Nominated or Sponsored visa (Provisional) (subclass 489)

Features

This points-based visa is for skilled workers who are nominated by a state or territory or sponsored by an eligible relative living in a designated area in Australia.
The visa is valid for four years, and a visa holder must live and work in a specified regional area.
Certain family members can be included in the application, including members not included in previous subclass 495, 496, 475 and 487 applications.
This visa allows holders of provisional visa subclasses 495, 496, 475 and 487 to stay in Australia for up to 48 months from the date their current visa was granted.

Requirements

Applications are by invitation only. To be invited to apply, a person must:

submit an Expression of Interest and be nominated or sponsored
have an occupation that is on the relevant skilled occupation list
have a suitable skills assessment for that occupation
be less than 50 years of age when the invitation is issued
meet English language requirements
be able to score at least 60 on the points test.

To be able to lodge a valid application for this visa you need to first submit an Expression of Interest through SkillSelect and then receive an invitation to apply. You can do this in or outside Australia.

To meet the requirements of this visa, you must be nominated by an Australian state or territory government or sponsored by an eligible relative living in a designated area of Australia.

Holders of visa subclasses 495, 496, 475 and 487

If you hold one of the following visas and have met all the conditions of that visa, you may be eligible to apply for a subclass 489 visa, allowing you to stay in Australia for an additional year:

· Skilled—Independent Regional (Provisional) Subclass 495
· Skilled—Designated Area-sponsored (Provisional) Subclass 496
· Skilled—Regional Sponsored (Provisional) Subclass 475
· Skilled—Regional Sponsored (Provisional) Subclass 487.

Your dependants who were not included in your original application (subsequent entrants) may also be eligible to apply for this visa.

As a holder of one of the above provisional visas, you and any subsequent entrants do not need to submit an Expression of Interest and/or receive an invitation to apply. Instead you apply using one of the options listed below:

· Application for Provisional Skilled Regional – Renewal Visa (489)
· Application for Provisional Skilled Regional – Subsequent Entrant Visa (489)
· Log on to a saved application or add attachments

You can be granted a maximum of two provisional skilled visas, This means if you have held any of the above visas more than once, you cannot apply for a subclass 489 visa.

Nomination by a state or territory government

If you want to be nominated by a specific state or territory government, you must indicate this in your Expression of Interest. If you do not have a preference, you will be available to all states and territories.

Sponsorship by an eligible relative

If you want an invitation for this visa based on sponsorship by an eligible relative in a designated area, you must include the details of your sponsor in your Expression of Interest. See Sponsor tab for more details.

You can update or change your sponsor’s details in SkillSelect at any time. If you provide details for a new sponsor, that sponsor must also be an eligible relative living in a designated area.

Basic requirements

There are basic requirements you must meet to apply for this visa. You must:

· be invited to apply
· be younger than 50 years of age when you are invited to apply
· nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list
· have your skills assessed by the relevant assessing authority as suitable for your nominated occupation
· have at least competent English
· score at least 60 on the points test
· meet the health and character requirements.

If you are invited to apply for this visa, you will then have 60 days in which to lodge your online application. Your invitation letter will explain the lodgment process you should follow. You can be in or outside Australia when you lodge your application.

Invitations are based on claims made in your Expression of Interest at the time you are invited to apply. Your application must reflect the information provided in your Expression of Interest, and be supported by relevant evidence.

If after receiving two invitations to apply for a visa you do not make a visa application your Expression of Interest will be removed from SkillSelect.

Lodge the application

You must lodge your application online through SkillSelect. You must pay the initial application charge by credit card at this time.

A second charge, that applies only to dependants who are aged 18 years or older who are included on your application and who have less than functional English, is payable before a visa can be granted.

As part of lodging your application, you must confirm that you agree with the Australian Values Statement and have read, or had explained to you, the Life in Australia book.

Provide relevant documents

You must provide documents that prove the claims you made in your Expression of Interest.

If you are being sponsored by an eligible relative, your sponsor must also provide certain documents.

Any document in a language other than English must be accompanied by an English translation that has been done by a translator who has been accredited by an organisation such as National Accreditation Authority for Translations and Interpreters (NAATI). Translations done by a translator not accredited by NAATI must include that person’s full name, address, telephone number, and details of their qualifications and experience in the language being translated.

All supporting documents should be scanned and uploaded with your application.

The department will notify you if they need more information and/or documentation.

Include family members

You can include the following family members in your visa application:

· your partner
· your or your partner’s dependent child
· your or your partner’s dependent relative.

These family members must meet certain requirements.

Priority processing arrangements apply to this visa. They determine the order in which the department considers applications regardless of when they have been lodged.

After you have lodged a valid visa application, you will receive a letter of acknowledgement. Your application will be allocated to a case officer and be assessed according to the priority processing arrangements.

The department may make a decision on your application, based on the information you provide. They may also request additional documentation. Any requested documents must be attached online.

Provide more information

Meet health requirements

You and all members of your family unit must meet certain health requirements.

The department will tell you when to arrange health examinations.

Meet character requirements

You and all members of your family unit must meet certain character requirements. This means you and each of your dependents (whether migrating or not) who are aged 16 years or older must provide police certificates. These need to be obtained from each country you and your family members have lived in for 12 months or more over the last 10 years or, in the case of those younger than 26 years or age, since each person turned 16 years of age.

The department will tell you when to arrange police certificates.

Provide biometrics

You may be asked to provide biometrics (a scientific form of identification) as part of your application.

Provide a comment, if required

If the department receives adverse information that could result in you being refused a visa, you will be given the chance to comment on that information.

If you are invited to comment, you must do so by a set date. After that date, the department can continue processing your application and make a decision based on information already provided.

Report changes

The department needs to know, as soon as possible and in writing, about changes in circumstances that may affect the processing of your application

If you apply for this visa while you are in Australia, you may be eligible for a Bridging visa that allows you to stay in the country lawfully in case your current visa ceases before a decision is made on your visa application.

If you are in Australia and want to travel overseas while this visa application is being considered, you may need to apply for a specific Bridging visa to allow you to travel overseas and then return to Australia, even if you hold another type of visa that does allow you to leave and return to Australia.

If your visa application is approved, the department will send you a letter

Enter Australia

If you are outside Australia when the visa is granted, the department will specify the date by which you must enter Australia.

Entitlements

This visa allows you and your dependants to:

· temporarily live and work in a designated regional area in Australia
· study in a specified regional area of Australia
· travel in and out of Australia while the visa is valid
· apply for permanent residence through the Skilled Regional (Residence) visa (subclass 887) after certain conditions have been met.

Visa obligations

Nominated by a state or territory

There are obligations that your nominating state or territory will require you to meet. These include that you:

· stay in that state or territory for at least two years
· keep the state or territory informed of any changes to your address
· complete surveys and provide information when asked.

You must live and work in a designated area. If you plan to seek permanent residence, you will need to prove that you have spent the specified time in a designated area.

Comply with visa conditions and Australian laws

You and your family must comply with all visa conditions and Australian laws.

If you do not comply with the conditions of your visa:

· your visa, and those of any accompanying family members, may be cancelled
· you will not be able to apply for another provisional Skilled Regional Sponsored visa
· you may not meet the requirements to apply for permanent residence.

A sponsor must be at least 18 years of age who resides in Australia as one of the following:

· an Australian citizen
· an Australian permanent resident
· an Eligible New Zealand citizen.

You or your partner must be related to your sponsor as:

· a child – including a stepchild, or
· a parent – including a step-parent, or
· a brother or sister – including adoptive or step-sibling, or
· a niece or nephew – including adoptive or step-niece or nephew, or
· an aunt or uncle – including adoptive or step-aunt or uncle, or
· a grandparent or first cousin.

Your sponsor should provide certain documents as listed in the document checklist.

If you are being sponsored by an eligible relative, your sponsor must be a resident in a designated area of Australia at the time of the sponsorship.

Sponsor’s declaration

One of the requirements for the grant of your visa is that you are sponsored by an eligible relative sponsor living in a designated area of Australia. Your sponsor is to provide a declaration to the department that they will provide information and other settlement related support to you in the first two years of your stay in Australia. Your sponsor should complete 489 Sponsor’s Declaration Form and send it to the office processing your visa application.

You must score at least 60 points (the pass mark) to be eligible to apply for a Skilled Migration visa (subclasses 189, 190 and 489).

Factor	Description	Points
Age at time of invitation	18–24 (inclusive)	25
	25–32 (inclusive)	30
	33–39 (inclusive)	25
	40–44 (inclusive)	15
	45–49 (inclusive)	0
English language ability at time of invitation	Competent English—IELTS 6 / OET B	0
	Proficient English—IELTS 7 / OET B	10
	Superior English—IELTS 8 / OET A	20
Skilled employment at time of invitation Only 20 points can be awarded for any combination of overseas and Australian skilled employment Overseas employment in nominated skilled occupation or a closely related skilled occupation Australian employment in nominated skilled occupation or a closely related skilled occupation	Skilled employment outside Australia At least three but less than five years (of past 10 years)	5
	At least five but less than eight years (of past 10 years)	10
	At least eight and up to 10 years (of past 10 years)	15
	Skilled employment in Australia At least one but less than three years (of past 10 years)	5
	At least three but less than five years (of past 10 years)	10
	At least five but less than eight years (of past 10 years)	15
	At least eight and up to 10 years (of past 10 years)	20
Educational qualifications at time of invitation	Doctorate from an Australian educational institution or other Doctorate of a recognised standard	20
	At least a Bachelor degree, including a Bachelor degree with Honours or Masters, from an Australian educational institution or other degree of a recognised standard	15
	Diploma or trade qualification completed in Australia, or qualification or award of recognised standard	10
Australian study requirements at time of invitation	One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian Study Requirement	5
Other factors at time of invitation	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	5
Nomination/sponsorship at time of invitation	Nomination by state or territory government (visa subclass 190 only)	5
Nomination/sponsorship at time of invitation	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

To apply for this visa or any questions please contact us

Source: Department of Immigration and Multicultural Affairs

Skilled – Nominated visa

Posted on April 24, 2013 by ECSIC MAR 9578145

Skilled – Nominated visa (subclass 190)

Features

This points-based visa is for skilled workers who are nominated by a state or territory.
A visa holder can live and work permanently anywhere in Australia.
Certain family members can be included in the application.

Requirements

Applications are by invitation only. To be invited to apply, a person must:

submit an Expression of Interest and be nominated
have an occupation that is on the relevant skilled occupation list
have a suitable skills assessment for that occupation
be less than 50 years of age when the invitation is issued
meet the English language requirements
be able to score at least 60 on the points test.

To be able to lodge a valid application for this visa you need to first submit an Expression of Interest through SkillSelect. You can do this in or outside Australia.

If you are nominated by a state or territory and meet the basic requirements for this visa, you will then receive an invitation to apply.

Basic requirements

There are basic requirements you must meet to apply for this visa. You must:

· be invited to apply
· be younger than 50 years of age when you are invited to apply
· nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list
· have your skills assessed by the relevant assessing authority as suitable for your nominated occupation
· have at least competent English
· score at least 60 on the points test
· meet the health and character requirements.

If you are invited to apply for this visa, you will then have 60 days in which to lodge your online application. Your invitation letter will explain the lodgment process you should follow. You can be in or outside Australia when you lodge your application.

Invitations are based on claims made in your Expression of Interest at the time you are invited to apply. Your application must reflect the information provided in your Expression of Interest, and be supported by relevant evidence.

If after receiving two invitations to apply for a visa you do not make a visa application your Expression of Interest will be removed from SkillSelect.

Lodge the application

You must lodge your application online through SkillSelect. You must pay the initial application charge by credit card at this time.

A second charge, that applies only to dependants who are aged 18 years or older who are included on your application and who have less than functional English, is payable before a visa can be granted.

Provide relevant documents

You must provide documents that prove the claims you made in your Expression of Interest.

Any document in a language other than English must be accompanied by an English translation that has been done by a translator who has been accredited by an organisation such as National Accreditation Authority for Translations and Interpreters (NAATI). Translations done by a translator not accredited by NAATI must include that person’s full name, address, telephone number, and details of their qualifications and experience in the language being translated.

All supporting documents should be scanned and uploaded with your application.

The department will notify you if they need more information and/or documentation.

Include family members

You can include the following family members in your visa application:

· your partner
· your or your partner’s dependent child
· your or your partner’s dependent relative.

These family members must meet certain requirements.

Priority processing arrangements apply to this visa. They determine the order in which the department considers applications regardless of when they have been lodged.

After you have lodged a valid visa application, you will receive a letter of acknowledgement. Your application will be allocated to a case officer and be assessed according to the priority processing arrangements. You will be informed that you have a case officer and be provided with an email address for all future correspondence.

The department may make a decision on your application, based on the information you provide. They may also request additional documentation. Any requested documents must be attached online.

Conditions and obligations for holders of visa subclass 190

This information explains what is required of you (and your accompanying dependent family members) after you are granted a permanent Skilled Nominated visa (subclass 190).

Enter Australia

If you are outside Australia when this visa is granted, the department will specify the date by which you must enter Australia.

Fulfil employment obligations

There are some obligations that states or territories will require you to meet. These include that you:

· stay in that state or territory that nominated you for at least two years
· keep the state or territory informed of any changes to your address
· complete surveys and provide information when asked.

Entitlements

This visa allows you and your accompanying family members to:

· live and work permanently in Australia
· study in Australia
· enrol in Medicare, Australia?s scheme for health-related care and expenses
· access certain social security payments (subject to waiting periods)
· apply for Australian citizenship (subject to residency criteria)
· sponsor relatives for permanent residence.

If you travel out of Australia

This is a permanent residence visa. It allows you to travel to and from Australia for five years from the date it is granted. If you want to continue such travel after the visa expires, you must get a Resident Return visa. You can also apply for citizenship.

Points test table

You must score at least 60 points (the pass mark) to be eligible to apply for a Skilled Migration visa (subclasses 189, 190 and 489).

Factor	Description	Points
Age at time of invitation	18–24 (inclusive)	25
	25–32 (inclusive)	30
	33–39 (inclusive)	25
	40–44 (inclusive)	15
	45–49 (inclusive)	0
English language ability at time of invitation	Competent English—IELTS 6 / OET B	0
	Proficient English—IELTS 7 / OET B	10
	Superior English—IELTS 8 / OET A	20
Skilled employment at time of invitation Only 20 points can be awarded for any combination of overseas and Australian skilled employment Overseas employment in nominated skilled occupation or a closely related skilled occupation Australian employment in nominated skilled occupation or a closely related skilled occupation	Skilled employment outside Australia At least three but less than five years (of past 10 years)	5
	At least five but less than eight years (of past 10 years)	10
	At least eight and up to 10 years (of past 10 years)	15
	Skilled employment in Australia At least one but less than three years (of past 10 years)	5
	At least three but less than five years (of past 10 years)	10
	At least five but less than eight years (of past 10 years)	15
	At least eight and up to 10 years (of past 10 years)	20
Educational qualifications at time of invitation	Doctorate from an Australian educational institution or other Doctorate of a recognised standard	20
	At least a Bachelor degree, including a Bachelor degree with Honours or Masters, from an Australian educational institution or other degree of a recognised standard	15
	Diploma or trade qualification completed in Australia, or qualification or award of recognised standard	10
Australian study requirements at time of invitation	One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian Study Requirement	5
Other factors at time of invitation	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	5
Nomination/sponsorship at time of invitation	Nomination by state or territory government (visa subclass 190 only)	5
Nomination/sponsorship at time of invitation	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

For more information please contact us

Source: Department of Immigration and Multicultural Affairs

Regional Sponsored Migration Scheme (subclass 187)

Employer Nomination Scheme (subclass 186)

Employers

Conditions and obligations for employers

This information explains what is required of you if you want to nominate a skilled worker (and any dependent family members included in their application) for a permanent Employer Nomination Scheme visa (subclass 186).

Who can nominate

To participate in the Employer Nomination Scheme, you must:

· operate an active and lawful business in Australia

· have a genuine need for a paid employee to fill a skilled position

· offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years

· pay a market salary rate

· comply with Australian immigration and workplace relations laws

· have no adverse information against you or your business

· nominate a skilled position. This position must be:· meet the training benchmark for the Direct Entry stream; and continues or is committed to meet the training requirements for the subclass 457 visa program for the Temporary Residence Transition stream.

Training requirement

For the Direct Entry stream if your business has been operating in Australia for 12 months or more, you must demonstrate that you meet the prescribed benchmark for the training of Australian citizens or Australian permanent residents.

If your business has been operating for less than 12 months, you must demonstrate that you have an auditable plan to meet this training benchmark.

For the Temporary Residence Transition stream, you must demonstrate that you have met and continue to meet the training requirements on the basis of which your Standard Business Sponsorship under the subclass 457 visa program was approved.

Market salary rate

A market salary rate has terms and conditions of employment that are at least the same as those that would apply to an Australian employed in the same workplace, in the same occupation and in the same location.

You must prove to the department that your offer to the nominated people will meet the requirements of the market salary rate. Depending on whether you have an Australian doing similar work, you can do this by:

· reporting the terms and conditions that apply to an Australian worker who is already employed in a similar job in a similar location in your workplace

· referring to an industrial award or enterprise agreement that outlines terms and conditions for Australians performing similar work in similar locations

· providing relevant data from reputable remuneration surveys

· providing evidence of the salaries of employees performing equivalent work in similar locations.

Visa streams

You must nominate the applicant in one of the visa’s three streams.

Temporary Residence Transition stream

Use this stream if you have already sponsored the applicant for a subclass 457 visa. The other conditions are:

· the employee must have worked in the nominated position in your business, on a subclass 457 visa, for at least two years before the nomination is lodged

· the nominated position must be full-time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked

· you have met the subclass 457 visa training requirement.

Direct Entry stream

Use this stream if you want to nominate an applicant to fill a position that is:

· an occupation on the Consolidated Sponsored Occupation List

· full-time, ongoing and available for at least two years.

Agreement stream

Use this stream if you want to nominate an applicant through a labour agreement or regional migration agreement that has been tailored and negotiated with the government before the nomination is lodged.

A labour agreement can take about six months to be negotiated. It comes into effect when it has been signed by all parties involved in the negotiations.

The agreement must:

· identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers

· specify the number of skilled workers needed from outside Australia

· the age, skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered for nominated positions if specified in the agreement.

Nominations

Complete nomination applications are likely to be processed more quickly. Incomplete ones may be delayed and, on occasion, refused.

We can prepare and lodge your nominations for you on line.

Cost

There is an AUD540 charge to lodge a nomination application in the Direct Entry stream.

There is an AUD540 charge to lodge a nomination application in the Temporary Residence Transition stream if the position is not located in regional Australia.

There is no charge to lodge a nomination application in the Temporary Residence Transition stream if the position is located in regional Australia.

There is no charge to lodge a nomination application in the Agreement stream. Note: Regional Australia covers all of Australia except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong and Melbourne.

Employee

Features

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia. It has three streams.

The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.

The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market.

The Agreement stream is for people sponsored by an employer through a labour or regional migration agreement.

Requirements

People can apply for this visa if they:

have been nominated by an approved Australian employer

are less than 50 years of age

meet the skills, qualifications and English language requirements.

The Employer Nomination Scheme visa (subclass 186) is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia. It is part of the permanent Employer Sponsored visa program.

To apply for this visa, you must:

· be nominated by an approved employer

· be younger than 50 years of age

· meet the skills and qualifications requirements

· meet English language requirements.

There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest through SkillSelect. Employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.

If you owe the Australian Government money, you may not be eligible to be granted a visa until you have made arrangements to pay the debt.

If you are nominated to apply for this visa, you must lodge your application online within six months of the date the nomination was approved.

Please ensure your visa application is lodged after your employer nomination has been lodged and you select the correct stream. Failure to do so may result in an invalid visa application.

When you apply, you must select one of the visa’s three streams.

· Choose the Agreement stream if you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The skills, qualifications and language requirements depend on whether you apply for the Temporary Residence Transition stream, the Direct Entry stream or the Agreement stream.

Temporary Residence Transition stream

If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

You must have at least vocational English.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

There is no charge to lodge a nomination application in the Agreement stream.
Note: Regional Australia covers all of Australia except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong and Melbourne.