Category Archives: Australia

The Skilled Independent Visa (subclass 189) is one of the most popular pathways for skilled workers seeking permanent residency in Australia.

This visa allows individuals to live and work in Australia without requiring sponsorship from an employer, state, or family member.

As an experienced immigration consultant, we’ll guide you through the comprehensive process of applying for the Skilled Independent Visa, addressing common questions and misconceptions along the way.

1. Understanding the Skilled Independent Visa (Subclass 189)

What is the Skilled Independent Visa?

The Skilled Independent Visa (subclass 189) is a points-tested visa that allows skilled workers to live and work permanently in Australia. This visa is ideal for those who have the skills and qualifications that are in demand in Australia but do not have a sponsor.

Key Benefits

– Permanent Residency: Grants you permanent residency in Australia.

– Work and Study: Allows you to work and study anywhere in Australia.

– Healthcare: Access to Medicare, Australia’s public healthcare system.

– Citizenship Pathway: Provides a pathway to Australian citizenship.

– Family Inclusion: You can include eligible family members in your application.

2. Eligibility Criteria

Points Test

To qualify for the Skilled Independent Visa, you must score at least 65 points on the points test. Points are awarded based on factors such as age, English language proficiency, skilled employment, educational qualifications, and other criteria.

Points Allocation

– Age: Maximum of 30 points (for ages 25-32).

– English Language Proficiency: Maximum of 20 points (for superior English).

– Skilled Employment: Maximum of 20 points (for 8-10 years of skilled employment).

– Educational Qualifications: Maximum of 20 points (for a doctorate degree).

– Other Factors: Points for professional year, Australian study, specialist education, community language skills, study in regional Australia, partner skills, etc.

Occupation List

Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL). This list includes occupations that are in high demand in Australia.

Skills Assessment

You must obtain a positive skills assessment from a relevant assessing authority for your nominated occupation. Each occupation has a designated assessing authority responsible for evaluating your skills and qualifications.

Age

You must be under 45 years old at the time of invitation to apply for the visa.

English Proficiency

You must demonstrate proficiency in English through recognized tests such as IELTS, PTE, or TOEFL.

3. Preparing Your Application

 Step 1: Gather Required Documents

Before starting your application, ensure you have all the necessary documents:

– Passport: Valid passport for yourself and any accompanying family members.

– Skills Assessment: Positive skills assessment from the relevant authority.

– English Test Results: Valid results from an approved English language test.

– Educational Certificates: Certified copies of your academic qualifications.

– Work Experience Documents: Proof of skilled employment, such as reference letters, contracts, and payslips.

– Identity Documents: Birth certificates, marriage certificates (if applicable), and other identity documents.

Step 2: Submit an Expression of Interest (EOI)

Creating an ImmiAccount

1. Register: Create an ImmiAccount on the Department of Home Affairs website.
2. Log In: Log in to your ImmiAccount to start your EOI.

Completing the EOI

1. Personal Details: Enter your personal information, including name, date of birth, and nationality.
2. Points Claim: Provide details to claim points for age, English proficiency, skilled employment, education, and other factors.
3. Nominated Occupation: Select your nominated occupation from the MLTSSL.
4. Submitting the EOI: Review your information and submit the EOI through SkillSelect.

Step 3: Wait for an Invitation to Apply

Your EOI will be ranked based on the points you claimed. The Department of Home Affairs conducts regular invitation rounds, where the highest-ranking EOIs are invited to apply for the visa. Ensure your EOI is up-to-date and accurate to increase your chances of receiving an invitation.

4. Lodging Your Visa Application

 Step 4: Receive an Invitation to Apply

If you receive an invitation to apply for the Skilled Independent Visa, you will have 60 days to submit your visa application.

Step 5: Complete the Visa Application

Online Application

1. Log In: Log in to your ImmiAccount.
2. Start Application: Begin your visa application by selecting the Skilled Independent Visa (subclass 189).
3. Personal Details: Enter your personal details, including passport information and family details.
4. Skills and Qualifications: Provide details of your skills assessment, English test results, and educational qualifications.
5. Work Experience: Enter information about your skilled employment history.
6. Health and Character: Complete health and character declarations.

Upload Required Documents

Upload certified copies of all required documents, including:

– Skills Assessment: Positive skills assessment report.

– English Test Results: Valid test scores.

– Educational Certificates: Academic qualifications.

– Work Experience Documents: Proof of employment.

– Identity Documents: Birth certificates, marriage certificates, etc.

– Health and Character Documents: Medical examination results and police clearance certificates (if requested).

 Step 6: Pay the Visa Application Fee

Pay the required visa application fee through your ImmiAccount. The fee varies depending on your circumstances and the number of applicants included in your application.

 Step 7: Complete Health and Character Checks

Health Checks

You and any accompanying family members must undergo health examinations conducted by an approved panel physician. The Department of Home Affairs will provide instructions on how to arrange these examinations.

Character Checks

Provide police clearance certificates from every country you have lived in for 12 months or more over the past 10 years. The Department of Home Affairs will guide you on obtaining these certificates.

5. After Lodging Your Application

 Step 8: Track Your Application

Use your ImmiAccount to track the progress of your visa application. Ensure you respond promptly to any requests for additional information from the Department of Home Affairs.

 Step 9: Wait for a Decision

The processing time for the Skilled Independent Visa can vary. Typically, it takes several months for the Department of Home Affairs to process applications. Stay patient and keep your contact information up-to-date.

6. Receiving Your Visa

 Step 10: Visa Grant Notification

If your application is approved, you will receive a visa grant notification outlining your visa conditions, visa grant number, and the date your visa starts.

 Step 11: Arriving in Australia

Once your visa is granted, you are free to travel to and settle in Australia. Ensure you understand your visa conditions and comply with them to maintain your permanent residency status.

Common Misconceptions

Misconception 1: You Need a Job Offer to Apply for a Skilled Independent Visa

Clarification: The Skilled Independent Visa (subclass 189) does not require a job offer. It is based on your skills, qualifications, and points score.

 Misconception 2: You Can Apply Directly Without a Skills Assessment

Clarification: A positive skills assessment from a relevant authority is mandatory for this visa. You cannot apply without it.

 Misconception 3: Age Limits Are Flexible

Clarification: You must be under 45 years old at the time of invitation. There are no exceptions to this rule.

 Misconception 4: Points Threshold is Fixed

Clarification: While the minimum points requirement is 65, receiving an invitation often requires a higher score due to competition. Aim for the highest possible points to improve your chances.

 Conclusion

The Skilled Independent Visa (subclass 189) is an excellent pathway to permanent residency in Australia for skilled workers.

By understanding the eligibility criteria, preparing the necessary documents, and following the step-by-step application process, you can enhance your chances of success.

Always stay informed about the latest immigration updates and consider consulting with a registered migration agent for personalized guidance and support.

With careful planning and preparation, you can achieve your goal of living and working permanently in Australia.

Australia is a popular destination for self-employed individuals seeking new opportunities and a better quality of life. The country offers a range of visa options tailored to entrepreneurs, business owners, and investors.

If you’re a self-employed individual from Africa looking to immigrate to Australia, here are the top eight pathways you can explore.

1. Business Innovation and Investment (Provisional) Visa (Subclass 188)

Overview

The Business Innovation and Investment (Provisional) Visa (subclass 188) is designed for successful business owners and investors who want to establish a new or existing business in Australia.

This visa is the first step towards obtaining permanent residency.

Streams

– Business Innovation Stream: For individuals with a successful business career who intend to own and manage a new or existing business in Australia.

– Investor Stream: For those willing to invest at least AUD 1.5 million in an Australian state or territory.

– Significant Investor Stream: For those willing to invest at least AUD 5 million in complying investments in Australia.

– Entrepreneur Stream: For those who have secured funding from an approved entity to develop a high-value business idea in Australia.

Eligibility Criteria

– Points Test: Score at least 65 points based on factors like age, business experience, and investment history.

– Net Assets: Demonstrate net business and personal assets of at least AUD 800,000 for the Business Innovation stream.

– Investment: Make the required investment for the Investor or Significant Investor streams.

– Business Turnover: Show annual business turnover of at least AUD 500,000 for the Business Innovation stream.

 Application Process

1. Expression of Interest (EOI): Submit an EOI through SkillSelect.
2. State or Territory Nomination: Obtain a nomination from an Australian state or territory.
3. Submit Application: Apply for the visa once invited.

2. Business Talent (Permanent) Visa (Subclass 132)

Overview

The Business Talent (Permanent) Visa (subclass 132) is for high-caliber business owners who wish to establish a new or develop an existing business in Australia. This visa grants immediate permanent residency.

Streams

– Significant Business History Stream: For experienced business owners with a net business and personal assets of at least AUD 1.5 million and an annual business turnover of at least AUD 3 million.

– Venture Capital Entrepreneur Stream: For those who have secured at least AUD 1 million in venture capital funding from an Australian firm for a promising high-value business idea.

 Eligibility Criteria

– Net Assets: Demonstrate substantial net business and personal assets.

– Business Turnover: Show significant business turnover.

– Venture Capital: Secure venture capital funding for the Entrepreneur stream.

 Application Process

1. Expression of Interest (EOI): Submit an EOI through SkillSelect.
2. State or Territory Nomination: Obtain a nomination from an Australian state or territory.
3. Submit Application: Apply for the visa once invited.

3. Skilled Independent Visa (Subclass 189)

Overview

The Skilled Independent Visa (subclass 189) is a points-tested visa for skilled workers who do not require sponsorship by an employer, state, or family member. Self-employed individuals with skills in demand in Australia can qualify.

Eligibility Criteria

– Points Test: Score at least 65 points based on factors like age, education, work experience, and English proficiency.

– Occupation List: Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL).

– Skills Assessment: Obtain a positive skills assessment for your occupation.

– Age: Be under 45 years old.

– English Proficiency: Demonstrate proficiency in English.

 Application Process

1. Expression of Interest (EOI): Submit an EOI through SkillSelect.
2. Invitation to Apply: Receive an invitation to apply for the visa.
3. Submit Application: Complete the application and provide required documents.

4.Global Talent Visa (Subclass 858)

Overview

The Global Talent Visa (subclass 858) targets highly skilled individuals in specific sectors who are recognized as leaders or have the potential to be leaders in their field.

Target Sectors

– AgTech

– FinTech

– MedTech

– Cyber Security

– Quantum Information, Advanced Digital, Data Science, and ICT

– Space and Advanced Manufacturing

– Energy and Mining Technology

 Eligibility Criteria

– Distinguished Talent: Must demonstrate exceptional and outstanding achievements in your field.

– International Recognition: Must be internationally recognized and have evidence of sustained achievement.

– Endorsement: Obtain a nomination from an eligible nominator in Australia (e.g., a nationally recognized organization or individual in your field).

 Application Process

1. Expression of Interest (EOI): Submit an EOI for the Global Talent Independent (GTI) program.
2. Invitation to Apply: Receive an invitation to apply for the visa.
3. Submit Application: Complete the application and provide required documents.

5. Skilled Nominated Visa (Subclass 190)

Overview

The Skilled Nominated Visa (subclass 190) is a points-tested visa that requires nomination by an Australian state or territory.

 Eligibility Criteria

– Points Test: Score at least 65 points based on factors like age, education, work experience, and English proficiency.

– State Nomination: Obtain a nomination from an Australian state or territory.

– Occupation List: Your occupation must be on the relevant state or territory occupation list.

– Skills Assessment: Obtain a positive skills assessment for your occupation.

– Age: Be under 45 years old.

– English Proficiency: Demonstrate proficiency in English.

Application Process

1. Expression of Interest (EOI): Submit an EOI through SkillSelect.
2. State Nomination: Apply for nomination from a state or territory.
3. Invitation to Apply: Receive an invitation to apply for the visa.
4. Submit Application: Complete the application and provide required documents.

6. Temporary Skill Shortage (TSS) Visa (Subclass 482)

Overview

The Temporary Skill Shortage (TSS) Visa (subclass 482) allows Australian employers to sponsor skilled workers to fill positions where there is a labor shortage. Self-employed individuals with skills in demand can find an employer willing to sponsor them.

Eligibility Criteria

– Job Offer: Obtain a job offer from an Australian employer.

– Skills Assessment: Demonstrate that you have the necessary skills for the position.

– English Proficiency: Show proficiency in English.

– Occupation List: The occupation must be on the relevant occupation list.

Application Process

1. Employer Nomination: The employer submits a nomination application.
2. Visa Application: The applicant submits a visa application.
3. Medical and Character Checks: Complete health and police checks.

Pathway to Permanent Residency

– ENS Visa (Subclass 186): After working in Australia for a few years, you can transition to the Employer Nomination Scheme (ENS) Visa (subclass 186) for permanent residency.

7. Regional Sponsored Migration Scheme (RSMS) Visa (Subclass 187)

Overview

The Regional Sponsored Migration Scheme (RSMS) Visa (subclass 187) is for skilled workers nominated by an employer in regional Australia. This visa provides a pathway to permanent residency.

Eligibility Criteria

– Employer Nomination: Secure a nomination from an approved Australian employer in regional Australia.

– Skills Assessment: Obtain a positive skills assessment for your occupation.

– Work Experience: Have relevant work experience.

– Age: Be under 45 years old.

– English Proficiency: Demonstrate proficiency in English.

 Application Process

1. Employer Nomination: The employer submits a nomination application.
2. Visa Application: The applicant submits a visa application.
3. Medical and Character Checks: Complete health and police checks.

8. Investor Retirement Visa (Subclass 405)

Overview

The Investor Retirement Visa (subclass 405) is for self-funded retirees who have no dependents and want to live in Australia during their retirement years. Although this visa does not lead to permanent residency, it is an option for affluent self-employed individuals considering long-term stays.

 Eligibility Criteria

– Age: Be at least 55 years old.

– No Dependents: Have no dependents other than a partner.

– Financial Capacity: Demonstrate significant financial capacity to support yourself in Australia.

– Investment: Make a designated investment in an Australian state or territory.

 Application Process

1. Submit Application: Apply for the visa with the required financial and health documentation.
2. Investment: Make the required investment in Australia.
3. Medical and Character Checks: Complete health and police checks.

Conclusion

Australia offers a variety of pathways for self-employed individuals from Africa to immigrate, ranging from business and investment visas to skilled worker visas.

Each pathway has specific requirements and processes, so it is essential to carefully consider your qualifications, business goals, and long-term aspirations.

Consulting with a registered migration agent can help you navigate the complexities of the Australian immigration system and increase your chances of a successful application.

With the right preparation and guidance, achieving your goal of immigrating to Australia as a self-employed individual is within reach.

Transitioning from a visitor visa to a work or study permit in Australia is a multifaceted process that requires careful planning and understanding of the immigration laws. As an experienced immigration consultant, I’ve helped numerous individuals navigate this journey successfully. In this comprehensive guide, I’ll walk you through the seven key steps involved in making this transition, addressing common questions and misconceptions along the way.

1. Understanding Visa Conditions and Eligibility

Visitor Visa Conditions

Visitor visas (subclass 600, 601, 651) are designed for short-term stays in Australia for tourism or business activities. These visas typically do not allow the holder to work or study for more than three months. Understanding these restrictions is crucial because breaching visa conditions can lead to visa cancellation and affect future visa applications.

Eligibility for Work or Study Permits

To transition from a visitor visa to a work or study permit, you must meet specific eligibility criteria for the new visa type. The most common visas for work or study are:

– Student Visa (subclass 500): Requires enrollment in a registered course and proof of financial capacity.

– Temporary Skill Shortage Visa (subclass 482): Requires a job offer from an approved employer and relevant skills and qualifications.

– Working Holiday Visa (subclass 417 or 462): For individuals aged 18-30 (or 35 for some countries) from eligible countries, allowing them to work and study for up to a year.

2. Choosing the Right Visa

Factors to Consider

Selecting the appropriate visa depends on your individual circumstances, including your age, nationality, skills, and long-term goals. Here’s a brief overview of common visas:

– Student Visa (subclass 500): Ideal if you aim to pursue higher education or vocational training in Australia. It allows part-time work (up to 40 hours per fortnight) during study periods and full-time work during breaks.

– Temporary Skill Shortage Visa (subclass 482): Suitable if you have a job offer in a field experiencing skill shortages in Australia. This visa can lead to permanent residency.

– Working Holiday Visa (subclass 417 or 462): Best for young travelers wanting to experience life in Australia while working temporarily.

Common Misconceptions

One common misconception is that holding a visitor visa allows you to work in Australia. This is false and can lead to severe penalties if violated. Another misconception is that transitioning to a work or study visa is straightforward; however, it often requires meeting stringent criteria and extensive documentation.

3. Enrolling in a Course or Securing a Job Offer

Enrolling in a Course

For a student visa, you must enroll in a full-time course at an Australian educational institution. This process involves:

1. Choosing a Course and Institution: Ensure the course and institution are registered under the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
2. Applying for the Course: Submit your application along with required documents (academic transcripts, English proficiency test scores, etc.).
3. Receiving a Confirmation of Enrollment (CoE): Upon acceptance, the institution will issue a CoE, which is necessary for your visa application.

Securing a Job Offer

For a work visa, particularly the subclass 482, you need a job offer from an Australian employer. Steps include:

1. Finding an Employer: Use job portals, recruitment agencies, and networking to find potential employers.
2. Employer Sponsorship: The employer must be an approved sponsor and nominate you for a position on the Skilled Occupation List.
3. Skills Assessment: Depending on the occupation, you may need a skills assessment to prove your qualifications and experience.

4. Preparing Financial and Health Documentation

Financial Documentation

You must demonstrate sufficient financial capacity to support yourself (and any dependents) in Australia. This may include:

– Bank Statements: Showing enough funds to cover tuition fees, living expenses, and travel costs.

– Sponsorship Letters: If someone else is funding your stay, provide their financial documents and a letter of support.

Health Documentation

All visa applicants must meet health requirements, which may involve:

– Medical Examinations: Conducted by a panel doctor approved by the Department of Home Affairs.

– Health Insurance: Overseas Student Health Cover (OSHC) for student visas or health insurance for work visas.

5. Submitting Your Visa Application

Online Application Process

Most visa applications are submitted online through the ImmiAccount portal. Steps include:

1. Creating an ImmiAccount: Register on the Department of Home Affairs website.
2. Completing the Application Form: Provide accurate information and upload required documents (CoE, job offer, financial and health documents).
3. Paying the Visa Fee: Fees vary depending on the visa type and your location at the time of application.

Timing and Processing

Timing is crucial when transitioning from a visitor visa. It’s recommended to apply well before your visitor visa expires to avoid unlawful status. Processing times vary, with student visas typically taking 4-6 weeks and work visas 1-3 months.

6. Attending Visa Interviews and Providing Additional Information

Visa Interviews

While not all applicants are required to attend interviews, the Department of Home Affairs may request one to verify your application details. Be prepared to discuss your background, intentions in Australia, and future plans.

Responding to Requests for Further Information

If the Department needs more information, they will contact you through your ImmiAccount. Promptly provide the requested documents to avoid delays.

7. Receiving Your Visa and Understanding Your Obligations

Visa Grant Notification

Once your visa is approved, you will receive a visa grant notification detailing your visa conditions, validity period, and entry requirements. Keep this document safe and follow the outlined conditions.

Understanding Your Obligations

It’s essential to adhere to your visa conditions to maintain lawful status in Australia. For example:

– Student Visa: Maintain enrollment, attend classes, achieve satisfactory course progress, and comply with work limitations.

– Work Visa: Work only for your sponsoring employer and in the nominated occupation.

Commonly Asked Questions and Misconceptions

Can I Switch Directly from a Visitor Visa to a Permanent Resident Visa?

While it’s possible, it’s generally more complex and requires meeting higher eligibility criteria. Most individuals transition through temporary visas (like the subclass 482) before applying for permanent residency.

 Do I Need an Agent to Apply for a Visa?

You can apply for visas yourself, but using a registered migration agent can simplify the process and increase your chances of success by ensuring all requirements are met and documents are correctly submitted.

What If My Visitor Visa Expires During the Application Process?

If your visitor visa expires before your new visa is granted, you must apply for a bridging visa to maintain lawful status in Australia. Bridging Visa A (BVA) allows you to stay in Australia while your new visa is processed.

 Can I Study on a Visitor Visa?

You can study for up to three months on a visitor visa. For longer studies, you must apply for a student visa.

 Conclusion

Transitioning from a visitor visa to a work or study permit in Australia involves several detailed steps and careful compliance with immigration regulations.

By understanding the visa conditions, choosing the right visa, securing necessary enrollments or job offers, preparing financial and health documentation, and submitting a thorough application, you can successfully navigate this process.

Always consider consulting with a registered migration agent to ensure a smooth transition and avoid common pitfalls. With the right preparation and knowledge, achieving your goals in Australia is within reach.