Friday, 8 April 2011

GSM General Skilled Immigration -- OFFSHORE VISA-- Categories

GSM OFFSHORE VISA-- Categories
To apply for General Skilled Migration you need to select the visa with the requirements you believe that you will be able to meet. After reading the information provided in Part 2 and Part 3, you will be able to select the most appropriate visa using the information provided. There are 3 categories - Permanent, Provisional and Temporary. If you are not able to meet the requirements for one of the permanent visas, a provisional or temporary visa can provide a pathway to permanent residence.

Note: As the following General Skilled Migration visas are ‘offshore’ visas, this generally means if you (and any dependants included in your application) are in Australia, you can apply for one of these visas but you must be outside Australia when your visa is granted.

If you are a New Zealand citizen who holds a Special Category visa (subclass 444) and you apply for General Skilled Migration while in Australia, you can be in
Australia or outside Australia when your visa is granted.

1-Permanent visas


You must be highly skilled, hold a post secondary qualification (unless you can
demonstrate you have extensive, highly specialised skilled work experience in a 60 point occupation) and have good English. As these are points tested visas, you will also need to have sufficient skill points to reach the pass mark.




a)Skilled - Independent (subclass 175)

To be eligible for this visa you must:
• satisfy the basic requirements (see page 7);
• be able to pass the points test;
• at the time you apply, you must submit evidence that:
- you are under 45 years of age;
- you have been employed in a skilled occupation for at least 12 of the last 24 months
OR you met the Australian study requirement in the last 6 months; and
- the relevant assessing authority has assessed your skills as suitable for working in your nominated occupation (if the assessment is based on an Australian qualification obtained on a student visa it must have been part of a CRICOS registered course).

You have up until the time of decision to provide evidence that you meet the English language requirement. However, it is advisable to provide evidence that you meet the English language requirement at the time you apply as a decision on your application will not be delayed if evidence does not accompany the application. A decision on the application may be made soon after the application has been received based on the evidence on hand.


b)Skilled - Sponsored (subclass 176)


To be eligible for this visa you must:
• satisfy the basic requirements (see page 7);
• be able to pass the points test;
• be nominated by a state or territory government or sponsored by an eligible Australian relative;
• at the time you apply, you must submit evidence that:
- you are under 45 years of age;
- you have been employed in a skilled occupation for at least 12 of the last 24 months
OR you met the Australian study requirement in the last 6 months; and
- the relevant assessing authority has assessed your skills as suitable for working in your nominated occupation (if the assessment is based on an Australian qualification obtained on a student visa it must have been part of a CRICOS
registered course).

You have up until the time of decision to provide evidence that you meet the English language requirement. However, it is advisable to provide evidence that you meet the English language requirement at the time you apply as a decision on your application will not be delayed if such evidence does not accompany the application. A decision on the application may be made soon after the application has been received based on the evidence on hand.



c)Sponsorship by a relative


If you have a relative who is willing to sponsor you, he or she will need to be an
Australian citizen, permanent resident or ‘eligible New Zealand citizen’. You or your partner must be related to your sponsor as:

• a non-dependent child or step-child;
• a parent or step-parent;
• a brother or sister, step-brother or step-sister;
• a niece or nephew, step-niece or step-nephew; or
• an aunt or uncle, step-aunt or step-uncle.

If you are relying on sponsorship by a person related to your partner, your partner must be included in your application.
To ensure the processing of your application is not delayed, please include a diagram of your family tree with your application. You will also need to include all relevant documents as evidence of your relationship to your sponsor.

State/Territory nomination

If you are considering nomination by a state or territory government you must be willing to settle in that state or territory. Participating states and territories select who is eligible for nomination on the basis of the skills in demand in that jurisdiction. (Please check the department’s website www.immi.gov.au/skilled/ for the latest list and related links.)

States and territories aim to select skilled migrants who have a good chance of gaining employment in that state or territory within a short time of their arrival. A state or territory is not the employer and there is no employer nomination. As nomination is based on there being a need for individuals with your skills it is expected that you will be able to find employment quickly but this is not guaranteed.

If you accept a nomination there are a number of obligations you will be required to meet. These include that you:
• remain in the nominating state or territory for at least 2 years; and
• will keep the state or territory informed of changes in your address details before and after arrival; and
• will be prepared to complete surveys and provide information as required; and
• will meet any other requirements of the nominating state or territory.




3-Provisional visas

Provisional visas provide a pathway to permanent residence for visa holders.

Skilled - Regional Sponsored (subclass 475)

This visa is points tested but has a lower pass mark than the permanent visas and a lower level of English language ability (see below).
To apply, you must:
• be able to satisfy basic requirements;
• be able to pass the points test; and
• be sponsored by an eligible Australian relative living in a ‘Designated Area’, or
nominated by a participating state or territory government agency.
The visa is valid for 3 years and as a holder of this visa you must abide by the condition that you live, work and/or study in ‘Regional Australia’ or a ‘Designated Area’.

English language requirement
If you do not have ‘competent’ English you may still qualify under this category if you have achieved an average band score of 6.0 (in an IELTS test) and you are sponsored by an eligible relative or a participating state or territory.
Information about which states/territories participate in this scheme can be found at www.immi.gov.au/skills/

Where you must live, work and/or study
Where you are required to live, work and/or study will depend on who has supported
your visa application. If you were sponsored by a relative it will be in a ‘Designated Area’
and if you have state or territory nomination, ‘a regional area or low population growth metropolitan area’.

Sponsorship by a relative

If you have a relative living in a ‘Designated Area’ who is willing to sponsor you, he or she will need to be an Australian citizen, permanent resident or ‘eligible New Zealand citizen’ . You or your partner must be related to your sponsor as:

• a non-dependent child or non-dependent step-child;
• a parent or step-parent;
• a brother or sister, step-brother or step-sister;
• a niece or nephew, step-niece or step-nephew;
• an aunt or uncle, step-aunt or step-uncle;
• a first cousin; or
• a grandchild or step-grandchild.

If you are relying on sponsorship by a person related to your partner, your partner must also be included in your application.

To ensure the processing of your application is not delayed, please include a diagram of your family tree with your application. You will also need to include all relevant documents as evidence of your relationship to your sponsor and their residential address.



Permanent residence for Skilled - Regional Sponsored visa holders

If you are granted a Skilled - Regional Sponsored visa you can apply for a permanent visa with the support of an employer in regional Australia at any time. Information on the Regional Sponsored Migration Scheme (RSMS) is available from the department’s website www.immi.gov.au/skilled/skilled-workers/rsms/

Once you have held your provisional visa for at least 2 years you can apply for a permanent General Skilled Migration visa if you have lived for 2 years and worked full-time for at least one year in a ‘Designated Area’ or ‘Regional Australia’. To be granted a permanent General Skilled Migration visa you must have complied with the conditions of your provisional visa.

Information on the Skilled - Regional (subclass 887) visa is available from the department’s website www.immi.gov.au/skilled/general-skilled-migration/visa-options.html




3-Temporary visas


Skilled - Recognised Graduate (subclass 476)


This visa is valid for 18 months and is for graduates from a ‘recognised university’. You will need to check the department’s website for the current list of universities www.immi.gov.au/skilled/

The visa is not points tested. To apply, you must:

• be under 31 years of age when your application is lodged; and
• have completed a qualification at a listed university, in a field in demand in Australia.
If you are granted a Recognised Graduate visa you can apply for a permanent General Skilled Migration visa at any time during the 18 months while holding this visa.

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