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

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. The recent "Employment Experience" factor is also technical in nature often requiring an applicant to have worked in a closely related occupation to that nominated or relying on another occupation unrelated and on the Skilled Occupation List.

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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Points Test: Individual and Sponsored

All applicants must reach the above qualifying mark set by the Minister of Immigration which changes from time to time, as tabled above.

Under the current administration of the points test scheme, applicants are awarded points from a possible nine qualifications as prescribed by the Regulations where relevant for a particular class of visa (for instance, the applicant's employment and qualifications, age, level of English proficiency, and so forth).

Applicants for subclass 175 (skilled - independent) visa are awarded points for the first 8 of these qualifications, while applicants for subclass 176 (skilled - Australian-sponsored) visa are awarded points for all nine qualifications.

The nine prescribed qualifications for a subclass visa, and the points allocated for them are described here:

1. Skills assessment

Applicants must meet Australian standards for an occupation gazetted by the Australian Government on the "Skilled Occupations List." Not all occupations are listed, specifically those:

• Which are clearly in significant oversupply throughout Australia;
• In which new migrants would not be immediately employable in Australia; or
• Which are more appropriately covered by other visa categories such as the Business Skills or Distinguished Talent categories.

[Note: as of 01 September 2007, under subclass 176 visa, no longer does a different gazetted occupation list apply if relative Sponsor resides in Sydney or selected areas within New South Wales only]

Applicants must however be careful when selecting an appropriate skilled occupation.

Most gazetted occupations require degree, diploma or trade level qualifications. An occupation may qualify a person for 60, 50 or 40 points. If an applicant has more than one occupation, it will be very important to select that which will maximise their points, which ultimately saves the applicant time and money.

The applicant must nominate the skilled occupation for which they believe they meet Australian standards, and obtain an assessment of their skills from the relevant assessing authorities prior to the making of the Visa Application.

Effective from 1 September 2007, in determining how to characterise a person's occupation for skill assessment purposes, a number of factors would need to be considered:

• Applicants must also have been employed at least twenty hours per week for remuneration 12 months out of the previous 24 in a skilled occupation for which 60, 50 or 40 points are available.
• Applicants who have completed an Australian qualification in the six months before they lodge their migration application are not subject to the above requirement (but, as of 01 July, 2003 and continuing to present stricter conditions apply). Thus, overseas students in Australia will be able to apply for skills visas without needing to first return to their home countries to obtain work experience (see "Other Skilled Visas" below).
• If the applicant is to receive points for the employment experience qualification, they must have been employed for remuneration at least twenty hours weekly in that occupation or another skilled occupation for 36 of the 48 months before the application is made. If so, they may be awarded 10 points if their occupation is one for which 60 points are available (conditions apply), or 5 points if it is one for which 40 or 50 points are available.

If an applicant client has more than one occupation, it will be crucial to select that which will maximise their points. As is clear, selection of a skilled occupation for which an applicant is most likely to receive a favourable assessment from the relevant assessing authorities is crucial to the success of a visa application.

Applicant clients therefore would need to nominate their best-scoring occupation from the current skilled occupation list, and then seek an assessment of their skills from the designated Australian assessing authority for that occupation. Applicants would also be informed on registration and/or licensing requirements if necessary (for example, nurses, pharmacists, dentists, and so forth).

2. Age

At time of application (must be below 45):

• 18 to 29 years: 30 points
• 30 to 34 years: 25 points
• 35 to 39 years: 20 points
• 40 to 44 years: 15 points

3. Language skill

An applicant must have either:

• Competent English (having a generally effective command of the English language and the ability to use and understand fairly complex language, particularly in familiar situations): 15 points
• Proficient English: 25 points

4. Employment experience

Generally, if the applicant is to receive points for the employment experience qualification, they must have been employed in that occupation or another skilled occupation for 36 of the 48 months before the visa application is made. If so, they may score 10 points if their occupation is one for which 60 points are available, or 5 points if it is one for which 40 or 50 points are available.

5. Spouse skill

An extra 5 points may be scored if the applicant's spouse meets all of the above basic requirements.

6. Australian educational qualification

As of 01 July, 2003 - an applicant can score an extra 10 points for completing an Australian qualification (upper second class Honours (or higher degree) or Masters qualification following completion of an Australian bachelor degree in Australia) awarded from an Australian educational institution, studying for at least 24 months full-time (two academic years) while present in Australia, or 15 points for an Australian PhD, with similarly a minimum of two consecutive years of full time study while physically present in Australia. In addition, 5 points is available where a recognised qualification (degree, diploma or trade qualification) is completed by an applicant who studied and resided in a regionally gazetted part of Australia for at least 2 years, and where specific educational requirements are met. [Note, for Subclasses: 175 visa, 887 visa, 176 visa and 475 visa - all instruction for the Australian qualification must have been conducted in English and must be awarded from the same particular institution originally enrolled.]

7. Skills targeting

If an applicant has an occupation gazetted in demand of at least 12 months recognised employment (for instance: nursing, certain trades, medical, engineering, computing fields), which is in the preceding four years to date of visa application they may score an extra 15 points; an offer of employment gains a further 20 points (conditions apply).

8. Bonus points

An applicant may score an extra 5 points if they meet one of two other certain factors: lawful Australian employment or foreign language (conditions apply). [Note: 5,678 principal applicants received bonus points in the 2002/03 program year.]

9. Sponsorship

Applicants may receive an extra 15 points for being sponsored by an eligible:

• Parent
• Child or adoptive child or a step-child, who is not a dependent child of the sponsor
• Brother or sister, an adoptive brother or sister or a step-brother or step-sister
• Nephew or niece, an adoptive nephew or niece or a step-nephew or step-niece

Certain undertakings including a financial 'means test' must also be satisfied. [Note: 1,997 principal applicants were granted a points tested Sponsored Skilled Migration visa (subclasses 138 and 881) in the 2002/03 program year.]

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