Business Skills Visas
Eligibility depends on you having:
- A successful business career
- Substantial financial assets
For these visas you must be able to document your business and financial history. Applicants must also provide a formal business plan to show their genuine and ongoing business intentions in Australia.
Applications for these visas undergo a rigorous test of an applicant’s financial standing and history. However, there may also be sponsorship options available for applicants who cannot meet all these criteria.
Skilled Migration Visas
Eligibility for these is dependent on your being under 45 years of age, recently tertiary qualified and having good English skills.
Employer Nominated Visas
Businesses in Australia who seek skilled staff oversees may be able to nominate or sponsor overseas individuals to Australia, either on a temporary visa (for example the 482 visa), or on a permanent visa.
It should be noted that this is a 2 stage process. First, business itself must be approved by the Department of Immigration. Secondly, the visa applicant must meet the criteria for the given visa.
There are several subclasses of student visas as follows:
- Independent ELICOS Sector Visa
- Schools Sector Visa
- Vocational Education and Training Sector Visa
- Higher Education Sector Visa
- Postgraduate Research Sector Visa
- Non-award Sector Visa
- AusAID or Defence Sector Visa
- Student Guardian Visa
Eligibility for each of these can depend on the applicant’s country of origin, and chosen area of study.
Broadly, the applicant will have to demonstrate that they are a genuine student, have English ability, and are capable of supporting themselves financially for the duration of their study in Australia. The term of the visa is the duration of the chosen course of study.
The applicant may be eligible to work during the currency of their visa.
There are a number of subclasses of family visas suitable for children, parents and other family members:
- Child Visa: This can apply to a natural or adopted child, as well as an orphan relative child.
- Parent Visa: This includes the Aged Parent and Contributory Parent visa.
- Remaining Relative Visa: This applies in limited circumstances where only one member of the family remains outside of Australia.
- Carer Visa: This is for a family member needed to care for an incapacitated Australian relative.
Spouse / Partner Visas
Applicants need to demonstrate a genuine and ongoing spousal relationship.
- Prospective Marriage Visa: For a fiancé(e), where an offshore applicant intends marriage in Australia to an Australian Permanent Resident.
- Spouse Visa: For an individual already in a legally married or de facto relationship with an Australian Permanent Resident.
Tourist and Visitor Visas
This is suitable for holiday makers and family members. These visas include:
- Tourist Visa: This is for short stays in Australia. Visa period may be 3 to 12 months.
- ETA (Electronic Travel Authority) Visa: This may be available to travellers from certain countries, and allows an automatic right of stay for up to 3 months.
- Working Holiday Visa: This may be available to travellers from certain countries, and may allow them limited working rights during their stay.
Sponsored Family Visitor Visa: This may be available to visitors to Australia who are sponsored by an Australian family member.
This stream of visas is available to individuals who can demonstrate that they are refugees within the definition in the Refugees Convention.
The criteria in this stream are strict. There are also quotas applying in each year for the maximum number of refugees that may be admitted to Australia.
Appeals and Review
In some cases, a visa refusal decision by the Department of Immigration may be reviewed in the Migration Review Tribunal or Refugee Review Tribunal.
Note: A favourable finding in the Tribunal does not of itself mean the granting of a visa, but it will require the Department to review its findings.
Tribunals have informal proceedings, and encourage the applicant to tell their own story.
In these instances we can advise you on your rights, and advocate your case. You may also have a subsequent right of appeal in the Courts. Again, we can advise you on your rights here.