Author Archives: Peng Cheng

 

We are looking for applicants who may be eligible for Australia’s investment or business development based Subclass 188 visa.

If you fit any of the following profiles, then we encourage you to contact us to discuss how we can help you obtain Australian permanent residency.

The investor

You (and your partner if applicable) have significant wealth (net assets of at least AUD $2.25 million), and you are looking to apply for an investment based visa:

  • Age – 33 to 54 years of age
  • Net value of your assets – you (and your partner if applicable) have net personal and business assets which in total are worth at least AUD $2.25 million. You have held net assets of such value for at least the last 2 years
  • Business owner and management experience – ownership interest of at least 10% in a business, and demonstrate direct involvement in managing that business for at least 3 years OR Investment management experience – direct involvement in managing eligible investments, where the total net value of the eligible investments is at least AUD $1.5 million
  • Eligible investments in Australia – you must be willing to make at least AUD $1.5 million in eligible investments

You will note that you may be able to apply even if you do not have any English language ability, and you may not need to complete an IELTS examination for the purposes of the application.

Having any of the following can help you meet the relevant eligibility requirements:

  • Annual turnover of your business is at least AUD $500,000
  • Bachelor level degree qualification, particularly if you majored in in business, science or technology
  • IELTS examination result of at least 5 in each band

The significant investor

You (and your partner if applicable) have significant wealth (net assets of at least AUD $5 million), and you are looking to apply for an investment based visa:

  • Age – there are no restrictions on the age of the applicant
  • English language ability – there are no specific requirements in relation to the English language ability of the applicant
  • Net value of your assets – you (and your partner if applicable) have net personal and business assets which in total are worth at least AUD $5 million
  • Eligible investments in Australia – you must be willing to make at least AUD $5 million in eligible investments
  • Demonstrate high levels of lawful income – which is generally demonstrated through tax records issued by the relevant government authority. Depending on the country and the applicant’s personal circumstances, these tax records can relate to the applicant as an individual, or they could relate to a company or business that is owned, operated and/or managed by the applicant

We encourage you to contact us for a free consultation.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

One very common question that we get from 457 visa holders is – what should I be paid? I can’t tell you the exact amount that you should be paid. However, I can outline how you can determine the salary amount that you should be paid under migration legislation.

This article outlines the obligations that are imposed on sponsors / employers under Australian migration law in terms of salary payment for 457 visa holders. Hence, if your employer is not paying you this salary, they are in breach of migration law and the obligations that are imposed on employers / sponsors.

Before you ask what you exact salary should be, please note: this post pretty much explains that I can’t tell you what your exact salary should be. However, you should be able to work it out yourself by researching what your ‘equivalent terms and conditions of employment’ should be.

Equivalent terms and conditions - ‘Market Rate’ requirement

Your employer needs to demonstrate that your terms and conditions of employment are no less favourable than the terms and conditions which an ’equivalent Australian’ employee is or would be receiving. This includes showing that your ‘Guaranteed Annual Earnings’ (“GAE”) are at least equal to the Australian market salary rate for your role.

The sponsor must pay you the GAE that is specified in the nomination application or the ‘market salary rate’ as it varies over time, whichever is greater. This means that your sponsoring employer is obligated to periodically review your salary and increase it as the Australian market rate for your role increases.

Also, for an occupation to be sponsorable under a 457 visa, the Australian market rate for the role must be equal to or above the Temporary Skilled Migration Income Threshold (see below further explanation).

The nominating employer does not need to show that the ‘market rate’ requirement is met if the applicant’s GAE is $250,000 or greater. This is an exemption to this requirement.

What can be included in ‘Guaranteed Annual Earnings’

Guaranteed Annual Earnings (GAE) can only include the following types of payments and allowances:

  1. Your base wage
  2. Any payments which are applied or dealt with on your behalf or at your direction (e.g. your accommodation or housing allowance which your employer covers and pays directly to the landlord)
  3. The agreed monetary value of non-monetary benefits (e.g. health insurance, car, mobile phone and laptop etc.). This is just the agreed monetary value as agreed between yourself and your employer

The following cannot be counted towards GAE:

  1. Any payments or allowances which cannot be determined in advance such as commissions, incentive-based payments and bonuses, and overtime (unless the overtime is guaranteed)
  2. Reimbursements
  3. Compulsory superannuation contributions. Guaranteed contributions to superannuation that exceeds the contribution that is required under legislation can be counted towards GAE

Demonstrating the Australian ‘market salary rate’

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’. This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.

Because the Department needs to compare ‘apples with apples’, there may be components of the equivalent Australian’s salary which need to be excluded. Since your employer can’t count bonuses, compulsory superannuation and payments which can’t be determined in advance in calculating your GAE, these types of payments can also be excluded from the equivalent Australian’s salary. Once your employer has excluded these types of payments, it can determine the minimum GAE that you must be paid.

Beyond looking at just the salary, the Department will also compare the equivalent Australian’s terms and conditions of employment and assess whether your terms and conditions are at least as favourable. This includes looking at various aspects of the employment contract such as the number of hours of work required, leave entitlements etc.

Relevant industrial award

Your nominated occupation may be governed by a relevant industrial award which will specify the salary that you should be paid. For example, a registered nurse working in Victoria will have his or her terms and conditions of employment governed by the Nurses Award 2010, including the salary that he or she should be paid.

You can be paid a salary that is higher than the level specified in the relevant award.

No equivalent Australian working

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your GAE is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

Finding appropriate market data for your role/industry

This is really just a matter of completing research. So here some of the resources that I use for finding market data:

The market data usually provides you with a range for the Australian market salary rate for a particular role (e.g. $70,000 to $85,000 per annum). If your GAE falls within this range, or is above it, then the market rate requirement is generally met.

You can also rely on job advertisements for similar roles in order to demonstrate the Australian market salary rate for the nominated role, as long as the advertisement relates to a role that is in the same location as the nominated role. You can use online advertising such as Seek, or local advertising such as newspaper advertisements.

What if your GAE is below the ‘market rate’?

Simply put, the nomination application may be refused if the equivalent terms and conditions of employment requirement is not satisfied. The case officer may contact your employer and let them know that this requirement is not met and ask them whether they would like to withdraw the application (or they may just refuse the application).

The Department may approve a nomination application where the applicant’s GAE is below the market rate. I have seen this happen when the difference between the applicant’s GAE and the market rate is relatively small.

Such nomination applications are always more risky because you are not satisfying one of the eligibility requirements. The employer can provide a statement which explains the short-fall between the applicant’s GAE and the market rate. The explanation can draw on things such as the applicant’s experience level, qualifications and/or skill set etc. But there is a very real possibility (and I would say likely possibility)  that the Department will refuse such an application.

Temporary Skilled Migration Income Threshold

The Temporary Skilled Migration Income Threshold (‘TSMIT’) only applies to 457 visas. This threshold is set to ensure that all 457 visa holders have sufficient income to support themselves.

In order for your nominated role to be sponsorable under a 457 visa, your sponsoring employer needs to show that the Australian market rate for your role is at least equal to TSMIT (which is currently AUD $53,900 per annum). You will note that with this eligibility requirement (which is addressed as part of the 457 nomination application that your sponsoring employer prepares and lodges), the case officer is comparing the Australian market salary rate for the nominated occupation, not your actual salary, against TSMIT. If the market rate for the nominated role is below TSMIT, then the position itself is not sponsorable under a 457 visa.

Consequently, even if your (proposed) guaranteed annual salary is above the market rate and TSMIT, if the market rate itself is below TSMIT, then the position is not sponsorableThe 457 nomination application will be refused.

The Department generally increases TSMIT every year in accordance with inflation.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

This guide will help you determine whether your work experience and qualifications will allow you to apply for one of the eligible Victorian state government sponsored occupations.

Victorian state sponsorship – eligibility requirements

The minimum eligibility requirements for Victorian state sponsorship are outlined here  for the 190 visa and here for the 489 visa.

In this guide, we will outline the most critical eligibility requirements for Victorian state sponsorship in detail:

English language requirement

Unless an exemption applies, you need to score at least 6.0 for each component in IELTS examination to satisfy the English language requirement and this result must be provided when you lodge your online application.

However, please note the following exemptions and exceptions:

  • You may be exempted from this requirement if you are working in your nominated occupation in Victoria and have been for at least 6 months
  • Certain occupations on the Victoria state nomination occupation lists for graduates and non-graduates have higher IELTS requirements than the requisite 6.0. For example, an applicant applying for the occupation of Civil Engineer in the non-graduates list (ANZSCO 233211) will need to achieve IELTS examination result of at least 7.0 in each band
  • If you are a citizen of the US, UK, Canada, Republic of Ireland or New Zealand. This exemption only applies to the occupations that specify an English language requirement of 6.0 for each component in IELTS examination. Hence, if obtaining Victorian state sponsorship for your occupation requires a higher IELTS requirement then 6.0 in each band, then you cannot rely on your citizenship as an exemption to the English requirement. You will need to complete an IELTS examination and achieve the required results

Eligible occupations for VIC state sponsorship

In order to obtain a 489 or 190 visa, you will need to obtain a positive skill assessment for one of the occupations that is listed in Victoria’s skilled migration occupation list. The Victorian government can change their list of sponsorable occupations without notice, so you do need to ensure that your selected ANZSCO occupation is available for sponsorship.

Firstly, have a look at this list of Victorian sponsorable occupations for graduates and for non-graduates and determine if any of these can potentially align with your qualifications and/or experience. Basically, you are trying to find an occupation for which you think you can obtain a positive skill assessment. Recent graduates or international students should refer to the graduates list while experience professionals and tradespeople should look at the non-graduates list. Graduate positions include those in Biotechnology, Science and Health as well as PhD graduates (who obtained their degrees in the last 5 years) in fields listed in the Consolidated Sponsored Occupation List. The non-graduates lists includes certain Biotechnology, Science and Health occupations as well as Engineers, IT, Tourism and Hospitality, Education, Trades and PhD graduates who have completed their degrees within the last 5 years in a field on the non-graduates list.

How do you find more information about a particular listed occupation? You’ll need to search for that particular ANZSCO occupation and look at the tasks listed. For instance, for non-graduates the ANZSCO occupation of Civil Engineer is on the list of sponsorable occupations. Search for Civil Engineer and you’ll find this ANZSCO: Civil Engineer (ANZSCO 233211). Associated with this ANZSCO are a number of tasks. This list of tasks is a general description of what a qualified Civil Engineer is expected to do. Because ANZSCO is a general description of the occupation,  you don’t need to perform all the tasks listed, and you may have performed some additional duties in your current and previous employment roles. 

For the ANZSCO occupation that you’re interested in, find the relevant skill assessment body’s website and look at its requirements for obtaining a positive skill assessment outcome (note that for some occupations, there is more than one relevant skill assessment body. You can use any of the authorised bodies in this situation). For instance, the skill assessment body for engineering related occupations is generally Engineers Australia (Home page / Skils assessment information).

If you are not sure about which skill assessment body is applicable for your occupation, find the occupation on the Consolidated Sponsored Occupation List. This list states the relevant skill assessment body for each sponsorable occupation.

The graduates and non-graduates lists specify all the occupations that are sponsored by the Victorian state government. There are no off-lists, or exemptions, or special consideration because you studied or worked in the state etc. You need to obtain a positive skill assessment for an eligible occupation.

Work experience

The work experience criteria requires the applicant to have a certain number of years of work experience in the nominated occupation, accumulated after the completion of the applicant’s relevant qualification. For example, for a Civil Engineer (ANZSCO 233211), you need to have a minimum of 2 years of post-qualification work experience that aligns with the ANZSCO of Civil Engineer.

Your experience will only count if you worked at least 20 hours per week. The work must be paid – it cannot be voluntary work.

Offer of employment

For 190 visa applicants, if you are:

  1. Currently living in another Australian state at the time of application; or
  2. It is a requirement for your occupation that that you need a secure a job offer for a role that aligns with the ANZSCO that is nominated for your application (as required by the Victorian state government).

You are required to provide evidence of a current job offer for a role that aligns with the ANZSCO that is nominated for your application. This can be evidenced by a letter of employment or a letter of offer from your employer with their ABN and contact details. The offer of employment must be for a permanent position (at least 20 hours per week, and the role must be available for at least 6 months). You are exempt from this requirement if you have been working in your nominated occupation in Victoria for at least 6 months.

For 489 visas you must provide evidence of an offer of employment to work in regional Victoria as defined here. Again, you are exempt from this requirement if you have been working in your nominated occupation in Victoria for at least 6 months.

Eligibility requirement for 190 & 489 visas

In this post, we have covered the steps that you need to take in order to obtain state sponsorship. You now need to check to ensure that you meet the relevant eligibility requirements for the 190 or 489 visas.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

The Subclass 187 RSMS visa is a permanent residency visa that requires the sponsorship of a nominating employer for a role that is located in ‘regional Australia’.

The main difference between a 187 RSMS visa and a 186 Employer Nominated Scheme visa is that for a 187 visa, you need to be nominated by your employer to work in their business which is located in a part of regional Australia. Regional Australia is defined by postcode. Your nominated role must be performed in one of these eligible areas.

While only certain postcodes are eligible for RSMS in New South Wales (NSW), Victoria and Queensland, the entire states of Western Australia, South Australia, Tasmania, the Australian Capital Territory (ACT) and Northern Territory are deemed to be regional and eligible for RSMS. This means that you may be able to apply under RSMS even if you are  nominated to work for an employer in metropolitan Perth, Adelaide, Hobart, Canberra or Darwin.

There are two separate pathways or streams for the 187 visa. You can satisfy the requirements of either stream before applying for the 187 visa. The streams are called the Direct Entry stream, and the Temporary Residence Transition stream.

Commitment that you make as a Subclass 187 visa applicant

In the visa application form, as the applicant, you are required to declare that you:

  • Agree to work in the nominated position for at least two years
  • Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.

What are the consequences if you end your employment before completing 2 years following the approval of your visa? Have a read of this post which explains the potential consequences.

Temporary Residence Transition (TRT) stream

To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa. Employment with a different 457 visa sponsor cannot be counted towards the two years. You need to have been working in the role that you will be sponsored for under the Subclass 187 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave).

English language requirement – TRT stream

You need to have ‘vocational’ English language ability which is satisfied if any of the following applies to you:

  • You have obtained a score of at least 5 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  • You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum), or
  • If you have completed at least 5 years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English

Direct Entry (DE) stream

To apply under the DE stream, the following needs to be satisfied:

  • The tasks required (and accordingly the nominated position) corresponds to an occupation at an ANZSCO skill level of 1, 2 or 3. These skill levels generally correspond to occupations which are managerial, professional, or trade based.
  • There is a genuine need for the nominator to employ this employee and that the position cannot be filled by an Australian citizen or permanent resident who is living in that area. Applicants need to show, amongst other criterion, that the position is required and genuine given the nature of the employer’s business, the business’ size and operations, whether the business is expanding or diversifying their activities and whether there is a vacancy in the business. Some Regional Certifying Bodies require evidence of advertisement and responses to them from job applicants to demonstrate that the position had been advertised locally and that no suitable candidate was found.
  • The relevant Regional Certifying Body (RCB) has approved the relevant 187 nomination application.

For the DE stream, you need to lodge the visa application within 6 months of you obtaining an approval for the nomination application.

Regional Certifying Bodies (“RCB”)

A RCB is required to provide advice to the Department in relation to whether the above criteria have been satisfied, that is, the position is genuine given the nature of the business and the position could not be filled by an Australian permanent resident or citizen. They basically conduct their own assessment using similar evidence as that provided for the 187 nomination application, and any additional supporting evidence as specified by the relevant RCB.

RCB application and approval is only required for the 187 DE stream. It is not required for the TRT stream.

Each region has its own RCB and you need to choose the appropriate RCB to conduct this assessment based on your employer’s location (a list of RCBs can be found here). It is also important to note that most RCB charge a fee for this service.

RCB applications can be quite comprehensive and complex in terms of the information required. Recently, we assisted our clients in making applications to the Geelong RCB and Perth RCB.

From these applications, we can see that typically, the evidence that is required to be collected for the assessment process can include:

  • Business registration such as ACN, ABN and business name registrations. If the organisation is a trust then pages of the trust deed specifying parties to the trust.
  • Evidence of the business’ financial status which may include balance sheet, tax returns, Business Activity Statements (BAS), letter from the accountant confirming the business solvency and bank account statements.
  • A comprehensive business plan which include, amongst others:
    • an overview of the business
    • products or services which are offered
    • marketing strategy, including the competition that exists in the Australian market
    • business structures and management
    • finances and forecast revenue and expenses
    • an action plan to achieve business objectives
    • comprehensive description of the nature of the position
    • a summary of the attempts to recruit for this position locally and why a suitable candidate could not be found
    • description of why the role is significant to the organisation
    • description of how the business may be important to the region
  • Evidence that the business has been operating in the area which can include
    • lease agreements or evidence of ownership of the business premises
    • marketing material demonstrating business location
    • list of customers and invoices

Your employer also needs to demonstrate that the position could not be filled by Australians in the area. In this regard, the employers need to show that they had advertised in the local area and produce evidence of the following:

  • copies of advertisements placed in local newspapers, the internet, websites or other media
  • receipts in relation to advertisement spending
  • evidence of assistance from recruitment agencies (if any) to source potential candidates

Your employer needs to keep records of responses that it receives to its advertising including:

  • Name of the applicant and when the application was received
  • What documents were provided as part of the application and whether an interview was conducted
  • Why the applicant was not suitable to the position advertised

By way of example, the checklist of information required to obtain an assessment from the Geelong RCB can be found here and the checklist from the Western Australia RCB can be found here.

Skills Assessment

For some DE stream applicants who are applying under certain ANZSCO skill level 3 occupation and who did not obtain the necessary qualification in Australia, you may need to apply for and obtain a positive skills assessment from the relevant skills assessment body. For example, certain trades occupations such as Electrician ANZSCO 341111, Chef ANZSCO 351311 and Haidresser ANZSCO 391111 amongst others (a full list can be found under the relevant instrument here),  You must have your positive skills assessment outcome at the time of lodgement of your visa application.

If you are not sure about which skills assessment body is applicable for your occupation, find the ANZSCO occupation for your 187 nomination application on the Consolidated Sponsored Occupation List which states the relevant skills assessment body for each sponsorable occupation.

You are exempted from having to complete a skills assessment if:

  • Your guaranteed annual salary falls within the highest Australian income tax bracket (currently $180,001)
  • You are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in a sponsorable occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave). So essentially, you need to meet the Temporary Residence Transition stream requirements.
  • Your occupation is an ANZSCO skill level 3 which requires a skill assessment (as explained above), however you have obtained your relevant qualification in Australia.

If your occupation is in ANZSCO skill level 1 or 2, or even ANZSCO skill level 3 where a skill assessment is not required (for example, a Civil Engineering Technician ANZSCO 312212, or Telecommunications Field Engineer ANZSCO 313212), you should not require a skills assessment. You do need to demonstrate that you have the requisite relevant education qualifications required under that ANZSCO.

As an example, a Cook ANZSCO 351411 under ANZSCO is required to have either a relevant Certificate IV or Certificate III with 2 years of on the job training. If your nominated occupation is Accountant (General), then you need to hold a relevant Bachelor degree or higher level qualification.

Two years of on-the-job training or work experience

It is important to note that under the Department’s policy guidelines, even if you have a relevant Certificate IV, you may be required to have the additional 2 years of on the job training if the units of the Certificate IV program are essentially the same units as the Certificate III program.

For example, for the ANZSCO of Cook 351411, the qualification requirement for this occupation is:

AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV

If you completed a relevant Certificate IV course, such as Commercial Cookery or Asian Cookery, 

Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if:

  • higher level Certificate IV and Diploma qualifications essentially consist of Certificate III units and
  • these higher level courses do not provide for 2 years of on-the job training that should have been part of these Certificate III course units

such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of two years of on-the-job training. These higher Certificate IV and Diploma qualifications must also include two years of relevant on-the-job training. In the absence of such training as part of the course, you are required to demonstrate two years of relevant post-qualifications experience which can substitute for the required training.

English language requirement – DE Stream

The English language requirements for the Direct Entry and Temporary Residence Transition streams are different.

You need to have ‘competent’ English language ability which is satisfied if:

  • You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  • You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum)

Common eligibility requirements

Irrespective of whether you are applying under the Direct Entry or Temporary Residence Transition stream, you need to satisfy these common requirements:

  • You can apply for this visa if you hold a substantive visa, or a bridging visa A, B or C. If you hold a bridging visa, you won’t need to address Schedule 3
  • Age requirement
  • Equivalent terms and conditions of employment
  • If it is compulsory for you to obtain registration or licencing for you to practice in your nominated occupation, then you need to obtain this at the time of your application

Age requirement

You need to be under 50 years of age at the time that you lodge your application. There are only a few allowed exceptions to this requirement for those applicants that are 50 years of age or over which are outlined below:

  • Ministers of religion nominated by a religious institution
  • Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 who have been nominated by an Australian government agency
  • Senior academics employed by a university in Australia
  • And for Temporary Residence Transition stream only: Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold (as of 1 July 2013, this amount is $129,300) for each of these 4 years

Equivalent terms and conditions of employment

  • Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment for an equivalent Australian citizen or permanent resident (known as the ‘market rate’ requirement). Your employer can show this by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role under the Subclass 187 visa application (other evidence of the Australian’s salary may be acceptable such copies of payslips or payment summaries).
  • If there is no much equivalent Australian, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your guaranteed annual salary is at least equal to the market rate (e.g. provide salary survey data for your industry and role).

Further information in relation to the 187 visa

In this post, we have covered the eligibility requirements in relation to the primary 187 visa applicant. In part 2, we cover a number of important topics such as the application process, the English requirement that is applicable to dependent applicants that are cover 18 and we answer a number of frequently asked questions.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

This guide will help you determine whether your work experience and qualifications will allow you to apply for one of the eligible South Australian state government sponsored occupations.

Eligible occupations for SA state sponsorship

In order to obtain a 489 or 190 visa, you will need to obtain a positive skills assessment for one of the occupations that is listed in SA’s skilled migration occupation list. The SA government can change their list of sponsorable occupations without notice, so you do need to ensure that your selected ANZSCO occupation is available for sponsorship.

Firstly, have a look at this list of sponsorable occupations and determine if any of these can potentially align with your qualifications and/or experience. Basically, you are trying to find an occupation for which you think you can obtain a positive skills assessment.

How do I find more information about a particular listed occupation? You’ll need to search for that particular ANZSCO occupation and look at the tasks listed. For instance, the ANZSCO occupation of Civil Engineer is on the list of sponsorable occupations. Search for Civil Engineer and you’ll find this ANZSCO: Civil Engineer (233211). Associated with this ANZSCO are a number of tasks. This list of tasks is a general description of what a qualified Civil Engineer is expected to do. Because ANZSCO is a general description of the occupation,  you don’t need to perform all the tasks listed, and you may have performed some additional duties in your current and previous employment roles. 

For the ANZSCO occupation that you’re interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

If you are not sure about which skills assessment body is applicable for your occupation, find the occupation on the Consolidated Sponsored Occupation List. This list states the relevant skills assessment body for each sponsorable occupation.

This is the only list for SA state government sponsorship.

SA state sponsorship – eligibility requirements

The eligibility requirements for sponsorship are outlined on this page.

Please note the following clauses in relation to the SA state sponsorship requirements:

English

  • 9.2 – The Occupational English Test (OET) is accepted as an alternative English language test for Health Professionals only
  • 9.3 – Passport holders and citizens of the United Kingdom, Canada, New Zealand, United States of America, or the Republic of Ireland are exempt from providing an IELTS or an OET (Health Professionals only) test score where the IELTS requirement is listed as 6.5 or less
  • 9.4 – If the English IELTS requirement for your occupation is 7.0 or higher and you are from one of the exempt countries you must provide evidence of achieving this English language requirement by providing an IELTS or an OET (Health Professionals only) test score
  • 9.6 – The OET or IELTS test that you provide must be less than three (3) years old at the time of the nomination decision. For IELTS, the General or Academic result will be accepted

Work experience

  • 7.1 – The general requirement is one year of skilled work experience in the past three years. However, certain exceptions may apply
  • 7.2 – This skilled work experience is defined as at least 20 HOURS per week of paid employment in a skilled occupation. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist (does this mean that any skilled occupation is ok, as long as it matches up with an occupation listed on SNOL? Or does it need to match up with the nominated occupation for the application?)
  • 7.3This paid skilled work experience is assessed as being after successful completion of your qualification(s)
  • 7.4 – Any applicant (offshore or onshore) relying on Australian work experience to meet the minimum work experience requirement will not be eligible to apply unless at least 50% of this has been achieved in South Australia OR the applicant has met the minimum work experience requirement and is currently working in a skilled occupation in South Australia (and has been employed in that position in South Australia for a minimum of three months)
  • For certain occupations, additional work experience is required. For example, for the ANZSCO of Petroleum Engineer, 3 years work experience of relevant experience is required. You need to satisfy this requirement, and Clause 7.1

Special Conditions Apply

  • The Special Conditions Apply policy acknowledges the commitment made by qualified skilled graduates who reside and work in SA. Applicants must have a positive Skills Assessment in their nominated occupation and field of study in South Australia. If any of the applicant’s studies were undertaken outside of South Australia, a minimum of 50% of their qualification must have been completed in South Australia.
  • South Australian international graduates must meet all state nomination requirements, as well as requirements 6.1 and either 6.2 or 6.3 depending on the qualification completed
  • 6.1 – South Australian (SA) international graduates who studied at a South Australian institution. Applicants must have completed a CRICOS registered qualification in South Australia with a minimum duration of one academic year (CRICOS registered for a minimum of 46 weeks). Additionally, the applicant needs to satisfy one of the following: 6.1.1 Applicants currently residing in South Australia must have completed a Higher Education or Vocational Education and Training (VET) qualification in South Australia. OR 6.1.2 Applicants currently residing offshore or interstate must have completed a Higher Education qualification (Bachelor Degree or higher) in South Australia.
  • 6.2 – Graduates with a Higher Education Advanced Diploma, Bachelor Degree or higher, must meet one of the following: 6.2.1 Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist. OR 6.2.2 Have met the general work experience requirement as per nomination criteria 7. If an applicant is claiming Australian work experience, 50% of this must be South Australian work experience.
  • 6.3 – Graduates with a VET Diploma or Certificate must be currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist. Priority will be given to applicants based on length of employment in South Australia

Off-list

  • Immigration SA is able to offer a limited number of nominations for occupations that appear on the Off-list section of the State Nominated Occupation List (SNOL). The off-list policy acknowledges the commitment made by qualified skilled graduates who reside and work in SA. Off-list nomination will be considered on a case by case basis.
  • South Australian international graduates must meet all state nomination requirements, as well as requirements 5.1 and 5.2.:
  • 5.1 – South Australian (SA) international graduates who studied at a recognised South Australian institution. Applicants must have completed a CRICOS registered Higher Education qualification (Bachelor Degree or higher) with a minimum duration of one academic year (CRICOS registered for a minimum of 46 weeks). Higher Education Advanced Diplomas will be considered for applicants currently residing in South Australia
  • 5.2 – Applicants must meet one of the following: 5.2.1 Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist; OR 5.2.2 Have met the general work experience requirement as per nomination criteria 7. If an applicant is claiming Australian work experience, 50% of this must be South Australian work experience.

In response to some frequently asked questions in relation the eligibility requirements:

  1. Q: Can I apply for an occupation that has medium or low availability?
    A: Yes – Clause 3.1: Applicants must nominate an occupation that is on the State Nominated Occupation List (SNOL) and this must be listed as ‘available’ (applications can be submitted for occupations listed as high availability, medium availability or low availability). Also note Clause 3.6: The availability of occupations is subject to change as planning levels are met. Nomination is dependent on the occupation being available at the time of the nomination decision, not the time of submission
  2. Q: Do I have to satisfy the higher English requirement specified for my occupation?
    A: Yes – Clause 9.1: Many occupations have a special IELTS requirement over and above the minimum DIBP requirement of 6.0 in each band, please see the State Nominated Occupation List (SNOL). If there is no special requirement listed you are required to meet the threshold requirement of 6.0 in each band
  3. Q: What does ‘See IELTS explanation listed in Point 9 here’ mean?

A: I assume that it means that you just need to satisfy the threshold English language requirement which is: If there is no special requirement listed you are required to meet the threshold requirement of 6.0 in each band. Also note Clause 9.3 extracted above in relation to exemptions for certain passport holders

Eligibility requirement for 190 & 489 visas

In this post, we have covered the steps that you need to take in order to obtain state sponsorship. You now need to check to ensure that you meet the relevant eligibility requirements for the 190 or 489 visas.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

Please note that NSW state sponsorship is now closed at least until the next financial year commencing on 1 July 2014.

We encourage you to Contact Us to discuss your potential eligibility for other visas, or sponsorship by another state.

This guide will help you determine whether your work experience and qualifications will allow you to apply for one of the eligible New South Wales state government sponsored occupations.

Eligible occupations for NSW state sponsorship

In order to obtain a 489 or 190 visa, you will need to obtain a positive skills assessment for one of the occupations that is listed in NSW’s skilled migration occupation list. The NSW government can change their list of sponsorable occupations without notice, so you do need to ensure that your selected ANZSCO occupation is available for sponsorship.

Firstly, have a look at this list of sponsorable occupations and determine if any of these can potentially align with your qualifications and/or experience. Basically, you are trying to find an occupation for which you think you can obtain a positive skills assessment.

How do I find more information about a particular listed occupation? You’ll need to search for that particular ANZSCO occupation and look at the tasks listed. For instance, the ANZSCO occupation of Civil Engineer is on the list of sponsorable occupations. Search for Civil Engineer and you’ll find this ANZSCO: Civil Engineer (233211). Associated with this ANZSCO are a number of tasks. This list of tasks is a general description of what a qualified Civil Engineer is expected to do. Because ANZSCO is a general description of the occupation,  you don’t need to perform all the tasks listed, and you may have performed some additional duties in your current and previous employment roles. 

For the ANZSCO occupation that you’re interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

If you are not sure about which skills assessment body is applicable for your occupation, find the occupation on the Consolidated Sponsored Occupation List. This list states the relevant skills assessment body for each sponsorable occupation.

This is the only list for NSW state government sponsorship. There are no off-lists, or exempts, or special consideration because you studied or worked in the state etc. You need to obtain a positive skills assessment for an occupation on this list

NSW state sponsorship application process

I assume that you have found an appropriate and eligible ANZSCO, for which you think that you meet the requirements of the skills assessment body to obtain a positive skills assessment outcome.

If you are applying for 190 visa sponsorship, then there are no additional eligibility requirements for you to satisfy in order to gain NSW state sponsorship.

To apply for this sponsorship, you need:

  1. prepare and submit your EOI
  2. lodge a complete NSW Skilled –Nominated (subclass 190) application form
  3. provide all required supporting documents to evidence your claims
  4. enclose payment – bank cheque/money order for $300 (offshore) or $330 incl. GST (onshore) made payable to NSW Trade and Investment

Applications are processed in accordance to when they are lodged. Your application will be assigned to an assessing officer based on the date that it was received.

If you are applying for 489 visa sponsorship for a particular regional area, then you must agree to live in the designated region for a period of 2 years.

To apply for nomination from one of these regions you must complete NSW Form R and send it with copies of required documents and the application fee to the regional office you are seeking nomination from.

You will be advised of the outcome of your application through a letter.  If your application is successful, the application form will be stamped and signed by the authorised officer from the regional office.

Eligibility requirement for 190 & 489 visas

In the above steps, you should have confirmed that you can obtain a positive skills assessment for an eligible occupation, and you meet all the requirements for state sponsorship as set by the NSW state government.

Now you meet to check that you at least meet the threshold requirements for the visa:

  • You need to be under 50 years of age
  • You have obtained a positive skills assessment for an eligible occupation
  • You need to meet the English language requirement
  • You points score is at least 60 (find out how points are allocated)
  • You meet the health and character requirements

English language requirement

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

English language ability & claiming points

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component.

In relation to counting points on the basis of your English language ability:

  • the Department will not accept any examination result other than an IELTS or OET examination result
  • the examination must be completed within the 3 year period that precedes the date of lodgement of the application
  • if you are exempted from satisfying the English language requirement due to the passport that you hold, you can and you still need to complete an  IELTS or OET examination if you want to claim points on the basis of your English language ability

Work experience

You must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation.

The work must be paid – it cannot be voluntary work.

You can only count ‘skilled’ employment, that is it the work was undertaken after the applicant meets at least the entry level requirements as set by the relevant assessing authority for that occupation.

The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.

Educational qualifications

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

Australian study requirements

This means you have been awarded one or more degrees, diplomas or trade qualifications through a course or courses taken at an Australian educational institution.

Your course or courses must:

  • be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
  • have been successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • have been completed in a total of at least 16 calendar months
  • have been completed as a result of at least two academic years of study
  • have had all instruction in English
  • have been completed while you were physically in Australia
  • have been completed while you held a visa authorising you to study in Australia
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

Age requirement

You need to be under 50 years of age at the time that you are invited to apply for the visa.

Dependents who are over 18 – Functional English language ability

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

How much does this visa cost?

The below is just a list of the relevant government lodgement fees:

  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

Secondary visa application charge (SVAC)

This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

The Subclass 189 Skilled Independent is a permanent residency visa that is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.

Outline of eligibility requirements – 189 visa

The below is a list of the requirements that you need to satisfy:

  • Have a positive skill assessment for an occupation that is on the Skilled Occupation List
  • Meet the English language requirement
  • Submit an Expression of Interest and receive an invitation from the Department to apply for the visa (this means that you are entitled to at least 60 points which is the minimum points requirement for an invitation)
  • Be less than 50 years of age when the invitation is issued

Occupations on Skilled Occupation List (“SOL”)

How do I determine if my qualifications and experience align with any of the occupations on SOL? Most of the occupations will be pretty self-explanatory just from their title.

How do I find more information about a particular listed occupation? You will need to search for that particular ANZSCO occupation and look at the tasks listed. For instance, the ANZSCO occupation of Civil Engineer is on the list of sponsorable occupations. Search for Civil Engineer and you’ll find this ANZSCO: Civil Engineer (233211). Associated with this ANZSCO are a number of tasks. This list of tasks is a general description of what a qualified Civil Engineer is expected to do. Because ANZSCO is a general description of the occupation, you do not need to perform all the tasks listed, and you may have performed some additional duties in your current and previous employment roles. 

For the ANZSCO occupation that you are interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

If you are not sure about which skills assessment body is applicable for your occupation, find the occupation on the Skilled Occupation List. This list states the relevant skills assessment body for each sponsorable occupation.

English language requirement

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

Expression of Interest and 60 points requirement

In order to submit your Expression of Interest (“EOI”), you need to be entitled to at least 60 points on the basis of the following:

Relevant factor (at the time of invitation) Category Points  
Age 18–24 (inclusive) 25  
25–32 (inclusive) 30  
33–39 (inclusive) 25  
40–44 (inclusive) 15  
45–49 (inclusive) 0  
English language ability Competent English—IELTS 6 / OET B 0  
Proficient English—IELTS 7 / OET B 10  
Superior English—IELTS 8 / OET A 20  
Skilled employment(Only 20 points can be awarded for any combination of overseas and Australian skilled employment) Outside Australia in the past 10 years    
At least three but less than five years 5  
At least five but less than eight years 10  
At least eight and up to 10 years 15  
In Australia in the past 10 years    
At least one but less than three years 5  
At least three but less than five years 10  
At least five but less than eight years 15  
At least eight and up to 10 years 20  
Educational qualifications Doctorate from an Australian educational institution or other Doctorate of a recognised standard 20  
At least a Bachelor degree, including a Bachelor degree with Honours or Masters, from an Australian educational institution or other degree of a recognised standard 15  
Diploma or trade qualification completed in Australia, or qualification or award of recognised standard 10  
Australian study requirement One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian Study Requirement 5  
 
Other factors Credentialled community language qualifications 5  
Study in regional Australia or a low population growth metropolitan area (excluding distance education 5  
Partner skill qualifications 5  
Professional Year in Australia for at least 12 months in the four years before the day you were invited 5

English language ability

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component.

In relation to counting points on the basis of your English language ability:

  • the Department will not accept any examination result other than an IELTS or OET examination result
  • the examination must be completed within the 3 year period that precedes the date of lodgement of the application
  • if you are exempted from satisfying the English language requirement due to the passport that you hold, you can and you still need to complete an  IELTS or OET examination if you want to claim points on the basis of your English language ability

Work experience

You must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation.

The work must be paid – it cannot be voluntary work.

You can only count ‘skilled’ employment, that is it the work was undertaken after the applicant meets at least the entry level requirements as set by the relevant assessing authority for that occupation.

The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.

Educational qualifications

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

Australian study requirements

This means you have been awarded one or more degrees, diplomas or trade qualifications through a course or courses taken at an Australian educational institution.

Your course or courses must:

  • be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
  • have been successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • have been completed in a total of at least 16 calendar months
  • have been completed as a result of at least two academic years of study
  • have had all instruction in English
  • have been completed while you were physically in Australia
  • have been completed while you held a visa authorising you to study in Australia
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

Age requirement

You need to be under 50 years of age at the time that you are invited to apply for the visa.

Further information in relation to the 189 visa

In this post, we have covered the eligibility requirements in relation to the primary 186 visa applicant. In part 2, we cover a number of important topics such as the application process, the English requirement that is applicable to dependent applicants that are cover 18 and we answer a number of frequently asked questions.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

  The Subclass 186 Employer Nomination Scheme visa is a permanent residency visa that requires the sponsorship of a nominating employer. There are two separate pathways or streams for the 186 visa. You can satisfy the requirements of either stream before applying for the 186 visa. The streams are called the Direct Entry stream, and the Temporary […]