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November 5, 2024

Key Requirements for African Immigrants to Secure Permanent Residency in Australia

 

 

Securing permanent residency (PR) in Australia is a significant milestone for many African immigrants seeking better opportunities and a higher quality of life. The process involves meeting specific eligibility criteria and navigating the various visa pathways available. This guide outlines the key requirements and steps for African immigrants to secure permanent residency in Australia.

 

  1. Understanding Permanent Residency

    Visas

 

Australia offers several pathways to permanent residency, each tailored to different types of immigrants, including skilled workers, business owners, investors, and family members. The most common PR visas include:

 

Skilled Independent Visa (Subclass 189)

– Skilled Nominated Visa (Subclass 190)

– Employer Nomination Scheme (ENS) Visa (Subclass 186)

– Regional Sponsored Migration Scheme (RSMS) Visa (Subclass 187)

– Business Innovation and Investment (Permanent) Visa (Subclass 888)

– Partner Visa (Subclass 801 and 820)

 

  1. Key Requirements for Skilled Migration Visas

 

Points Test

 

Most skilled migration visas require applicants to pass a points test, which assesses their suitability based on factors such as age, English proficiency, work experience, education, and other relevant criteria.

 

Points Breakdown

 

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

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

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

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

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

 

Occupation List

 

Your occupation must be on the relevant Skilled Occupation List (SOL), which includes the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL).

 

Skills Assessment

 

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

 

Age

 

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

 

English Proficiency

 

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

 

Health and Character Requirements

 

You must meet the health and character requirements set by the Australian government. This typically involves:

 

– Health Examination: Undergoing medical examinations conducted by an approved panel physician.

– Character Assessment: Providing police clearance certificates from every country you have lived in for 12 months or more over the past 10 years.

 

  1. Key Requirements for Business and Investment Visas

 

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

 

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 substantial net business and personal assets.

– Business Turnover: Show significant business turnover (Business Innovation Stream).

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

 

Business Innovation and Investment (Permanent) Visa (Subclass 888)

 

This visa is the permanent stage of the subclass 188 visa and requires you to have met the requirements of your provisional visa.

 

  1. Key Requirements for Family Visas

 

Partner Visa (Subclass 801 and 820)

 

Eligibility Criteria

 

– Relationship: You must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.

– Genuine Relationship: Provide evidence of a genuine and continuing relationship.

– Health and Character Requirements: Meet the health and character requirements.

 

Parent Visa (Subclass 103 and 804)

 

Eligibility Criteria

 

– Sponsorship: Must be sponsored by your child who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

– Balance of Family Test: At least half of your children must be residing in Australia, or more of your children must reside in Australia than any other country.

– Health and Character Requirements: Meet the health and character requirements.

 

  1. Application Process for Permanent Residency

 

Step 1: Assess Your Eligibility

 

Before applying for a PR visa, ensure you meet the eligibility criteria for the specific visa subclass you are interested in. This includes checking the relevant occupation list, scoring the required points, and meeting health and character requirements.

 

Step 2: Gather Required Documents

 

Prepare all necessary documents, which may include:

 

– 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 employment, such as reference letters, contracts, and payslips.

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

– Health and Character Documents: Medical examination results and police clearance certificates.

 

Step 3: Submit an Expression of Interest (EOI)

 

For points-tested visas (subclass 189 and 190), submit an EOI through SkillSelect. Your EOI will be ranked based on the points you claim, and the highest-ranking EOIs are invited to apply for a visa.

 

 Step 4: Receive an Invitation to Apply

 

If you receive an invitation to apply for a visa, you will have a specified period (usually 60 days) to submit your visa application.

 

 Step 5: Lodge Your Visa Application

 

Complete your visa application online through your ImmiAccount. Upload all required documents and pay the visa application fee.

 

 Step 6: Complete Health and Character Checks

You and any accompanying family members must undergo health examinations conducted by an approved panel physician and provide police clearance certificates from every country you have lived in for 12 months or more over the past 10 years.

 

 Step 7: Track Your Application

 

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

 

 Step 8: Receive Your Visa

 

If your application is approved, you will receive a visa grant notification outlining your visa conditions, validity period, and entry requirements.

 

Common Questions and Misconceptions

 

Misconception 1: Permanent Residency Is Guaranteed

 

Clarification: Permanent residency is not guaranteed. You must meet all eligibility criteria and submit a complete and accurate application. The Department of Home Affairs assesses each application individually.

 

Misconception 2: You Can Apply Without a Skills Assessment

 

Clarification: For most skilled migration visas, a positive skills assessment is mandatory. You cannot bypass this requirement.

 

Question 1: Can I Include My Family Members in My PR Application?

 

Answer: Yes, most PR visas allow you to include eligible family members in your application. This typically includes your spouse or de facto partner and dependent children.

 

Question 2: How Long Does the PR Visa Processing Take?

 

Answer: Visa processing times vary depending on the visa subclass and individual circumstances. For example, processing times for the Skilled Independent Visa (subclass 189) can range from several months to over a year.

 

Question 3: What If My PR Application Is Refused?

 

Answer: If your PR application is refused, you will receive a notification outlining the reasons for the refusal. Depending on the circumstances, you may have the option to appeal the decision or reapply with a stronger application.

 

Conclusion

Securing permanent residency in Australia as an African immigrant involves meeting specific eligibility criteria, preparing thorough documentation, and navigating the various visa pathways. By understanding the key requirements and following the detailed application process, you can enhance your chances of a successful application. 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, achieving your goal of permanent residency in Australia is within reach.