Australian Permanent Residence:

Individual Immigration

Individuals seeking permanent residence in Australia have a better chance if they can bring certain professional skills or attributes that are sought after by the Australian government.

• Do it Right the First Time


• Overview: The Skilled Migration Visa Subclasses
• Pass and Pool Marks
• Points Test: Individual and Sponsored
• Other Skilled Migration Visas
• Overseas Students in Australia Applying for Skilled Migration

Overseas Students in Australia Applying for Skilled Migration

Overview
Student based Points Test related visa subclasses

Overview

An increasingly large number of overseas students apply for skilled migration. Approximately 50 percent of applicants in the new points-tested categories are former overseas students who have undertaken studies in Australia.

Recent changes in the law have been successful with mainly due to overseas students with Australian Information and Communications Technology (ICT) qualifications. In this respect, a quarter of applicants have an ICT occupation and of these, 60% have an Australian qualification applying in the points tested migration categories below.

Student based Points Test related visa subclasses

From 01 July 2001, Australian graduate students are permitted to apply onshore.

Under this change, ICT professionals and graduates are major beneficiaries of the new arrangements. Other occupations included are nurses, hairdressers, and accountants.

The current visa categories are:

• Subclass 885 (Skilled - Independent) visa
• Subclass 886 (Skilled - Sponsored) visa
• Subclass 487 (Skilled - Regional Sponsored) visa

The criteria for these student subclasses are similar to the criteria for Subclasses 175 (Skilled - Independent), 176 (Skilled - sponsored) and 475 (Skilled - Regional-sponsored) visas described above, though, with certain exceptions where applicants must be less than 45 years old, and include with their application evidence that they:

• Have undergone a recent medical examination with Health Services Australia (HSA)
• Have had a criminal record check from the Australian Federal Police (AFP) in the previous 12 months
• Have, in the previous 6 months, completed a diploma (AQF level 3), degree or trade certificate for award by an Australian educational institution after at least two years of full time study in the English language medium at that same institution in Australia
• For Subclass 885 visa applicants: have had a satisfactory skills assessment by a relevant assessing authority for a nominated skilled occupation assigned at least 60 points on the Skilled Occupations List (SOL), or 50 points if they are a successful PhD student; or
• For Subclass 886 visa applicants; have had a satisfactory skills assessment by a relevant assessing authority for a nominated skilled occupation assigned at least 50 points on the SOL; or
• For Subclass 487 visa applicants; have had a satisfactory skills assessment by a relevant assessing authority for a nominated skilled occupation
• Be the holder of a student visa, or have held a student visa, within six months of completing their course (also applies to any dependants included in the application)
• Be in Australia and hold a substantive visa* (also applies to any dependants included in the application)
• In the case of Subclass 886 and 487 visa applicants, have a sponsor and an assurer (for Subclass 487 visa applicants the sponsor must live in a specified area)
• Must not have become unlawful in the six months prior to lodging the application (also applies to any dependants included in the application)
• Apply on the prescribed forms
• Pay the prescribed application charge
• Lodge the application in Australia with the relevant processing Centre according to strict lodgement criteria (as of October 2001, DIAC Adelaide)

[* or be the holder of a Bridging A visa or a Bridging B visa granted on the basis of the applicant's valid application for a Subclass 485 visa that has not been finally determined; or on the basis that an application has been made for judicial review of a decision in relation to the applicant's Subclass 497 application where judicial review proceedings have not been completed].

Applicants (or any dependants included in the application) who hold or held student visas granted on the basis of non-award courses including ELICOS, AusAID, government sponsored (Australian or foreign) and Defence Sector students, as well as any student visa holder with an 8535 condition attached to their visa, are ineligible to apply.

Successful [Subclass 885, 886 and 487 visa] applicants are granted permanent resident status in Australia.

Do it Right the First Time

During 1998-99, (latest program statistics provided by DIAC as of 10/2007) more Points Test visa applications were refused than granted.

A total of 24,132 Points Test visa applications were refused and 22,686 granted. Skilled migrant visas refused for 2006-2007 represented 9,066. It's important to note that mistakes can delay or even disqualify an application.

In today's ever-changing, increasingly unpredictable immigration landscape, it's more important than ever to get a case done right the first time -- it's crucial to make a correct, thorough application the first time, with accurate forms, visa category and supporting documents.

There are many ways to innocently sabotage your application. One common mistake is selecting an inappropriate skilled occupation. You must be careful when selecting an appropriate skilled occupation. The Pass Mark and Skilled Occupations List are subject to frequent change and may adjust between time of application and decision.

Avoid taking unnecessary risks, and save time and expense by working with Beyderwellen & Company. It's fast and easy to get started. Simply complete our Online Australian Immigration Assessment Form to discover how you can migrate to Australia.

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