General Skilled Migrant Visas

1. General. Australia has a non-discriminatory immigration policy. Anyone from any country can apply to migrate to Australia regardless of ethnic origin, gender, racial origin, religion or sexual preference. However, all applicants for permanent residence or in some cases temporary residence entry to Australia, must meet the health requirement and character requirement. This to ensure that no one is allowed entry into Australia if his or her presence in Australia would not be to the interest of the Australian community.

2.   Australia's yearly migration program places emphasis on attracting new migrants who have the education, business or work skills, which will contribute to Australia's economic growth. Usually they would have at least one of the following characteristics: -

* A high level of education and occupational skills; or
* A good track record in business; or
* Outstanding talents in a particular field.

3.   Migrants are selected from four major streams namely: -

* General Skilled Migrant Stream;
* Business Skills Migrant Stream;
* Family Reunion Migrant Stream;
* Refugee & Humanitarian Stream.

GENERAL SKILLED MIGRATION (GSM) PROGRAM

4.   Australia's GSM program is designed to attract young, highly skilled applicants, with a good level of English language ability and skills in particular occupations that are required in Australia. These occupations are listed on Australia's Skilled Occupation List (SOL). If an applicant's occupation is not in the Skilled Occupations List, the applicant is invited to contact James Tan Immigration Consultants for a more detailed opinion as this problem may be resolved in certain exceptional cases.

Applicants applying for a GSM visa must meet the following basic requirements:

• be under 45 years of age at the time they apply.
• have an occupation listed on the SOL. For onshore overseas students applying for permanent residence the nominated occupation must either be a 50 or 60 points occupation. 
• have their skills assessed as being suitable for the occupation nominated by the relevant assessing authority
• have a level of English language ability of at least 6.0 points in each of the 4 bands of the IELTS “General Training” Test except of applicants applying under the trades occupations who must have at least 5.0 points in each of the 4 bands of the IELTS Test.  A further exception applies to applicants for provisional visas who will meet the English language threshold if they have “concessional competent” English and paid a fee to attend English language tuition in a participating State or Territory.
• have recent skilled paid work experience of at least 20 hours per week or have recently completed an Australian qualification not more than 6 months ago as the result of two years full-time study in Australia. Depending on the occupation nominated, the applicant must have been in paid employment in the nominated skilled occupation for at least 12 out of the 18 months or two out of the three years prior to lodgement of application. For a Designated Area sponsored applicant the applicant must have been in paid employment for 6 out of the 12 months

5.   Visa Structure. Since 01 September 2007 the GSM visa structure was simplified into 9 visa subclasses as follows:-

(a)   Offshore permanent residence visas

Skilled – Independent (subclass 175)

This visa is for skilled applicants outside Australia. New Zealand citizens in Australia on a Special Category (subclass 444) visa may also apply for this visa. Applicants for this visa do not require sponsorship and will require 120 points to be eligible to apply.

Skilled - Sponsored (subclass 176)

This visa is for skilled applicants outside Australia. New Zealand citizens in Australia on a Special Category (subclass 444) visa may also apply for this visa. Applicants for this visa must be sponsored by an eligible Australian relative, or nominated by a state or territory government and will require 100 points to able eligible to apply.

(b)   Offshore provisional visas

Skilled - Regional Sponsored (subclass 475)

This visa is for skilled applicants outside Australia. New Zealand citizens in Australia on a Special Category (subclass 444) visa may also apply for this visa. This is a three year provisional visa. Applicants for this visa must be sponsored by an eligible Australian relative living in a designated area of Australia, or nominated by a state or territory government agency and will require 100 points to be eligible to apply.

Skilled - Recognised Graduate (subclass 476)

This visa is available to recent graduates in specified disciplines from recognised overseas educational institutions who have skills in demand in Australia. This visa is valid for 18 months and has unrestricted work and study rights.
This visa is not points tested and Skilled - Recognised Graduate visa holders can apply for permanent or provisional GSM or an employer sponsored visa at any time.

(c)   Onshore permanent residence visas

Skilled - Independent (subclass 885)

This visa is for skilled applicants in Australia who are able to score 120 points in the points test and are:

• overseas students who have met the two year study requirement in the last six months, or
• Graduate (subclass 485) and Recognised Graduate (subclass 476) visa holders.

Skilled - Sponsored (subclass 886)

This visa is for skilled applicants in Australia who are able to score 100 points in the points test and are:

• overseas students who have met the two year study requirement in the last six months, or
• Graduate (subclass 485) and Recognised Graduate (subclass 476) visa holders.

Applicants for this visa must be sponsored by an eligible Australian relative or nominated by a state or territory government.

Skilled - Regional (subclass 887)

This visa is not points tested and is for applicants who have held one of the following provisional GSM visas for at least two years:

• Skilled - Independent Regional (Provisional) (subclass 495)
• Skilled - Designated Area-sponsored (Provisional) (subclass 496)
• Skilled - Regional Sponsored (Provisional) (subclass 475 and 487) and have met residence and work requirements.

(d)   Onshore provisional visas

Skilled - Graduate (subclass 485)

This visa is not points tested and is for overseas students who have met the two year study requirement in the last six months in Australia but need additional time to meet the requirements for a permanent GSM visa. The visa is valid for 18 months and has unrestricted work and study rights.

Skilled - Regional Sponsored (subclass 487)

This is a three year provisional visa for skilled applicants in Australia who are able to score 100 points in the points test and who meet one of the following requirements:

• Overseas students who have met the two year study requirement in the last six months
• Graduate (subclass 485) and Recognised Graduate (subclass 476) visa holders
• Working Holiday (subclass 417) visa holders who have held their visa for at least six months
• Occupational Trainee (subclass 442) visa holders who have completed the traineeship or course for which that visa was granted.

Applicants for this visa must be sponsored by an eligible Australian relative living in a designated area of Australia, or nominated by a state or territory government agency.

Skilled - Regional Sponsored (subclass 487) 12 month renewal

This visa is for people who currently hold a provisional GSM visa:

• Skilled – Independent Regional (Provisional) (subclass 495)
• Skilled – Designated Area-sponsored (Provisional) (subclass 496)
• Skilled – Regional Sponsored (Provisional) (subclass 487) or (subclass 475)

and are unable to meet the requirements for a permanent visa before the end of the provisional visa. This visa extends an applicant's provisional stay in Australia for up to 12 months and is not points tested.

6.  Points Test

Generally, applicants must pass the GSM points test.
Applicants are awarded points for:

• Nominated Skilled Occupation
• Age
• English Language Ability
• Specific Work Experience
• Australian Work Experience
• Australian Qualifications
• Occupation in Demand/job offer
• Regional Australia Study
• Partner Skills
• State/Territory Nomination
• Eligible Relative Sponsorship
• Designated Language.

7.  Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Citizenship. This assessment costs only AUD$150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgment fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the AUD$150.00 assessment fee paid is money well spent.

8.    Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Citizenship for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Immigration Consultants for an accurate and quick assessment of your specific case.