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Skilled Independent Subclass 189

This visa allows points-tested skilled workers who do not have a sponsorship from an employer or family relative or nominated by a state or territory government to live and work in Australia as a permanent resident with full work rights.

This visa also allows you to include your spouse, de facto or same-sex partner, dependent children and other dependent family members in your application provided they can show that they meet the necessary health and character requirements.

Skilled Nominated Subclass 190

This 190 visa subclass is a permanent residence visa for points-tested skilled workers, allowing them to live and work or study in Australia indefinitely after being nominated by an Australian state or territory government agency.

This visa also allows an individual to travel in and out of Australia for up to 5 years; sponsor eligible relatives for permanent residence and enroll in Medcare.

The Skilled Nominated visa (subclass 190) also allows you to include family members e.g. spouse, de facto partners, dependent children and other dependent family relatives in your application.

Skilled Regional Provisional Subclass 489

The Skilled-Regional (Provisional) visa (subclass 489) is for skilled workers and their families to live, work and study in specified regional areas in Australia for four years.

This visa has two pathways:

  • The Invited Pathway
  • The Extended Stay Pathway

Skilled Regional Subclass 887

The Skilled Regional visa subclass 887 is for individuals who already have an eligible visa and have lived for a minimum of 2 years and had gainful employment for at least 12 months in a specified regional area if the sponsorship is from a State or Territory government or a Designated area if the sponsorship is from a family relative.

You have to be in Australia when applying for this visa up to the time the visa is granted.

This visa grants an individual full work and study rights in Australia once granted. Family members can be included in the application provided they also meet the requirements.

Graduate Temporary Subclass 485

The Temporary Graduate visa (subclass 485) allows an individual to temporarily live, study and work in Australia after he or she has finished their studies. One is only able to access this visa subclass as a primary applicant only once.

This visa grants an individual unrestricted work rights in Australia and the ability to include family members in the application including spouses, de facto and same sex partners, dependent children.

Temporary Skills Shortage (482)

Both Australian and overseas businesses are able to sponsor employees to work in Australia through the subclass 482 Temporary Skill Shortage(TSS) visa programme. The subclass 482 TSS visa allows visa holders to work in Australia for either 2 or to four years, depending on whether the nominated occupation is on the Medium Long Term Skill Shortage List (MLTSSL) (up to 4 years) or Short Term Skill Occupation List (SSTSOL) ( up to 2 years).

The Temporary Skill Shortage subclass 482 visa allows the visa holder to travel in and out of Australia and work in Australia only for the nominating employer in the nominated position. Eligible dependents (family members) of subclass 482 TSS visa holders are also able to live, work and study in Australia during this period as well.

Temporary Business Sponsorship 457 Visas)

Australian or overseas employers regularly use the 457 temporary (long stay) work visa to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved can then nominate employees to work in their business. Sponsorship approval is for 3 years in most cases but may be less, for example if you your business has traded for less than 12 months. This visa also allows you to bring your family to work or study in Australia and travel in and out of the country while still working for your sponsoring employer.

Employer Nomination Scheme (ENS)

This is a permanent residence visa for skilled workers sponsored by an Australian employer. It has 2 stages: 1. the employer nominates the employee for the permanent visa and, 2. once lodged, the employee applies for the Employer Nomination Scheme (Subclass 186).

Regional Sponsored Skilled Migration Scheme (RSMS)

The subclass 187 visa is a permanent visa for people who have an offer of employment of at least 2 years in regional Australia.

Skilled Employer Sponsored Regional (SESR 494)

Both Australian and overseas businesses are able to sponsor employees to work in Regional Australia through the subclass 494 Skilled Employer Sponsored Regional (Provisional) (SESR) visa programme. The subclass 494 SESR visa allows visa holders to work in Australia five years with regional compliance conditions.

The Skilled Employer Sponsored Regional 494 visa allows the visa holder to travel in and out of Australia and work in Australia only for the nominating employer in the nominated position in regional Australia. Eligible dependents (family members) of subclass 494 SESR visa holders are also able to live, work and study in Australia during this period as well.

Partner Visas

On 28 November 2018, the Migration Amendment (Family Violence and Other Measures) Act 2018 passed both Houses of Parliament. On 10 December 2018, the Act received Royal Assent. At this time this Act has not yet come into effect, but it can come into effect at any date before the 10 June 2018 if a date is so proclaimed, and will be in effect on 11 June 2019

This Act that will bring into effect, amongst other requirements, that partner sponsorship applications must be approved before the partner visa applications can be lodged.

Parent Visas (Subclass 103)

Australian citizens or permanent residents can sponsor their Parent(s) for Australian permanent residence through Parent Visas.

Please note that, at the time of writing, non-contributory parent visa applications are able to be lodged having been closed in June 2014 and re-opened in October 2014. However, advice should be taken as to whether they are / will be available at the date of your intended parent visa lodgement.

General Skilled Migration

The purpose of the General Skilled Migration Program is to attract highly employable people for migration to Australia. It is the most common form of migration to Australia, and it is one of the core areas of TCI Lawyers’ expertise.

Carer Visas (Subclasses 116 and 836)

A Carer visa (subclass 116) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

has a long-term medical condition that means they cannot look after themselves in practical aspects of daily life, or
needs permanent or long-term practical support to help them care for a member of their family in their household with such a medical condition.
The relative must not be able to reasonably obtain the care they need from any other relative or from welfare, hospital, nursing or community services in Australia.

The Carer visa (subclass 116) is a permanent visa. You must make your application outside Australia. You, and all family members included as applicants, must be outside Australia when it is granted

Child Visa

A Child visa (subclass 802) lets an eligible parent sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.

Aged Visas

The Aged Parent visa (subclass 804) lets older parents live permanently in Australia if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

Most applicants must be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.

You must be in Australia when you apply for this visa. You can apply only if your temporary visa lets you apply for another visa while you are in Australia. You must be in Australia when the visa is decided.

Remaining Relative Visa

The Remaining Relative visa (subclass 835) is a permanent visa for people who want to live in Australia to be with their only near relatives.

Your application must be made in Australia and you must be in Australia at that time.

You must be in Australia when the visa is granted.

Significant Investor Subclass 188 Visa

It is a 4-year temporary visa which can become permanent when later applying for the Business Innovation & Investment (Residence) Subclass 888 visa – presuming one has maintained an investment in Australia for 4-years or established an ownership interest in an Australian business.

You will need to spend at least 160 days in Australia on your Significant Investor visa, and be sponsored by a state or territory government to qualify for a permanent subclass 888 visa.

If you have applied for the Business Innovation stream, a 2-year extension is possible once you have held the subclass 188 visa for 3 years, giving you 6 years from the date of grant of the original visa.

Business Visitor Visas

This visa is valid for up to 3 months at a time to conduct business activities and cannot be extended whilst in Australia.

It only has limited work rights – in particular, any work undertaken in Australia must not be ongoing in nature and must be for a maximum of 6 weeks. Work must be highly specialised and not able to be undertaken by an Australian permanent resident or citizen.

The visa also allows recreational activities including tourism and non-formal studies for up to three months.

Business Talent Visa (Subclass 132)

Subclass Applications are by invitation only. To be invited to apply, a person must lodge an Expression of Interest, be nominated by a state or territory government, and

  • have personal and business assets of AUD1.5 million (AUD400,000 must be net assets in the business), and have a business turnover of AUD3 million, or
  • have obtained at least AUD1 million in funding from an Australian venture capital firm for a promising high value business idea.

Business Innovation and Investment Provisional (Subclass 888)

This is a 4-year visa for business people and willing investors seeking to establish business operations in Australia and obtain permanent residence through their business activities. To become eligible for permanent residence (under the subclass 888 Permanent Australian visa pathway) you must either hold an ownership interest in an Australian business or maintained your investment for 4 years. After 3 years on the subclass 188 visa, it can be extended in Australia for 2 more years allowing you further time to meet requirements to move to permanent residence.

Graduate Work Visa

The Temporary Graduate visa (subclass 485) allows an individual to temporarily live, study and work in Australia after he or she has finished their studies. One is only able to access this visa subclass as a primary applicant only once.

This visa grants an individual unrestricted work rights in Australia and the ability to include family members in the application including spouses, de facto and same sex partners, dependent children.

General Skilled Migration

Employer Sponsored Migration

New Skilled and Employer Sponsor Regional Visas with a Pathway to PR

From November 2019, new regional provisional skilled and employer sponsor visas will be introduced to replace the current subclass 489 and 187 visas. Further, from November 2022, a new regional permanent residency visa, subclass 191, will supplant the current 887 visa.

Electronic Travel Authority (Subclass 601)

This visa lets you visit Australia:

  • to visit or for business visitor purposes
  • as many times as you want, for up to a year
  • and stay up to three months for each visit.​

Only certain passport holders ​can apply for this visa online. You may need to use a travel agent to apply for this visa. An ETA is an electronically stored authority for travel to Australia. You must be outside Australia when you apply and when the ETA is decided.

eVisitors (Subclass 651)

  • enter Australia for up to three months during each visit during the 12 months from the date the eVisitor is granted
  • have a holiday or visit family and friends in Australia
  • study in Australia for up to three months in some circumstances
  • engage in business visitor activities while in Australia provided you:
  • do not work for or provide services to, a business or organisation
  • do not sell goods or services to the public.

Visitor Visa (Subclass 600)

There are two other visas that you can apply for online to visit Australia for tourism or business visitor activities:

Electronic Travel Authority (subclass 601)​
eVisitor (subclass 651)

Tourism includes holidays, recreation and seeing family and or friends.

Working Holiday Visa (Subclass 417)

You must hold a passport from one of the following countries to be eligible to apply for the subclass 417 visa:

  • Belgium
  • Canada
  • Cyprus, Republic of
  • Denmark
  • Estonia
  • Finland

Work and Holiday visa Temporary (Subclass 462)

This visa is for young people who want to holiday and work in Australia for up to a year.

You might be able to get this visa if you:

  • are at least 18 but not yet 31 years of age
  • don’t have a dependent child with you at any time during your stay in Australia
  • have a passport from:
    • Argentina
    • Bangladesh
    • Chile
    • Indonesia
    • Malaysia

AAT / MRT appeals

Most visa cancellations and refusals must now be appealed to the AAT- Migration Review Division, formerly known as the Migration Review Tribunal and Refugee Review Tribunal migration review tribunal.

Visa Cancellations

Under Australian migration law there are various visa cancellation powers available to the Minister for Immigration and Border Protection when he is considering cancelling an Australian visa.

Condition 8503 Waiver

People often contact us on seeking waiver of condition 8503. In this note I will explain what that is and how it is achieved.

Condition 8503 is a condition placed on a visa that stops the person lodging any other visa application in Australia after arriving in Australia except certain prescribed visas, eg a protection visa.

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Turner Coulson Immigration Lawyers

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Turner Coulson Immigration Lawyers

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Turner Coulson are leading Sydney Immigration Lawyers and Migration Agents with over 30 years of experience in Migration Law, Visa Refusals, Visa Processing AAT and Federal Court Appeals. We will ensure you process your visa application formalities in the best possible way.

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Email

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