Q1.What are the different options to immigrate to Australia?
Most migrants come to Australia as:
- Skilled Migrants – they must have work skills or abilities that will benefit Australia
- Family Migrants – they must have a relative in Australia who can sponsor them, or be in an interdependent relationship with a person eligible to nominate them
- Refugee, humanitarian or special assistance migrants – for people overseas who are recognized as a refugee or believe they may be eligible on other humanitarian grounds
- Student visa
Q2.What is the criterion to apply for a visa under General Skilled Migration Program in Australia?
Effective July 1, 2011, if you are applying for PR in Australia under the general skilled migration program, you are required to obtain a minimum of 65 points for various factors like age, proficiency in English, educational qualification, work experience and close relatives in Australia.
Ways of obtaining immigration visa to Australia under General Skilled Migrant Program includes:
- Skilled Independent Category Subclass 175
- Skilled Sponsored Subclass 176
- Skilled Regional Sponsored Visa Subclass 475
To apply for one of the above visas, the applicants need to satisfy the following threshold requirements:
- be under 50 years of age at the time of applying for a visa;
- meet the threshold English language requirement of competent English;
- nominate and hold a skilled assessment for an occupation on the Skilled Occupation
- List at the time of lodging their application;
- provide evidence of recent skilled employment in a skilled occupation or have recently completed the Australian Study requirement.
Q3.Do I have to pay any visa application fee?
Once your residence application is approved, you may be required to pay a Settlement Information Fee and Migrant Levy Fee. These must be paid before your residence visa is issued to you.
Q4.How long will it take to process my visa application?
The time taken to process your application will depend on whether you are in Australia or outside Australia, the type of application and supporting documentation provided. Complete applications, which mean having all necessary supporting documentation included, will generally be processed faster than incomplete applications. Normally it takes about 12 months.
Q5.Can I withdraw my application?
You can withdraw your application by informing the Department, in writing, at any time before a decision is made. Any charges that you paid at the time of the application are usually not refunded.
Q6.Can I leave Australia while my visa application is being processed?
You must tell the Department if you intend to travel during processing of your application. For most visas applied for in Australia, you must be in Australia when a decision is made. You must also ensure, before you leave Australia that you have a visa to return. Otherwise you may not be able to return to Australia and, if your application is refused, you may not have a right of review.
Q7.What happens if the visa application is refused?
If a visa application is refused, you will be advised of any merits review rights and the date by which you must leave Australia. If you do not apply for review of the decision and do not leave Australia by the required time, you will become unlawful and be liable for detention and removal from Australia. If this occurs, you may not be allowed to return to Australia for a period of time, and you will be liable for the costs of your detention and removal (goods and earnings you have in Australia may be confiscated to cover these costs).
Q8.How can I migrate to Australia as a business person ?
Initially, you must apply for a Business Skills (Provisional) visa, which will be granted for a period of four years.
The Business Skills (Provisional) visa category also provides for State/Territory government sponsorship for each visa, to enable States and Territories of Australia to have more influence over the number and skill levels of business migrants they are seeking to attract. If an applicant has sponsorship from a State or Territory government and applies under the State/Territory Sponsored Business Owner, State/Territory Sponsored Senior Executive or State/Territory Sponsored Investor visas, they are considered against lower level criteria. State and Territory governments have their own criteria for deciding whom they will sponsor.
These are specialized processing centers for applications in the Business Skills visa categories.
After you have been granted a visa in the Business Skills (Provisional) category, you are expected to either establish or buy into a business in Australia or maintain a designated investment for four years. After you have successfully operated a business for two years or maintained your designated investment for four years, you will be eligible to apply for a permanent Business Skills (Residence) visa. You must apply for this in Australia. A direct permanent residence visa, that is, a migrant visa, will still be available for high-caliber business migrants sponsored by State/Territory governments. It is known as the Business Talent (Migrant) visa.
Q9.If I want to set up a business in Australia, what visa will I require?
If you are seeking short-term entry to Australia for a stay of up to three months to undertake business activities to assist you in establishing a business in Australia, such as business meetings or negotiations, building inspections or equipment installation, you will need to obtain a short stay business visa.
This visa does not permit the applicant to engage in work that might otherwise be carried out by an Australian citizen or permanent resident.
If you are seeking long term entry to Australia for a stay of over three months to establish a business in Australia, you will need to obtain a Business Skills visa.
Q10.What is the Business Skills category?
There is provision for Business Skills entry for business owners, senior executives and investors. From 1 March 2003, the majority of Business Skills entrants will enter Australia initially on a Business Skills (Provisional) temporary visa for four years and, after satisfactory evidence of a specified level of business or investment activity, may apply for permanent residence.
The pathway to permanent residence is designed to give clarity and certainty to provisional business migrants and relies upon the establishment and management of genuine business activity in Australia. There is also provision for high-caliber business migrants under the Business Talent visa to obtain direct permanent residence if they have high-level business attributes and are sponsored by a State or Territory government