PERMANENT VISAS

People who want to live permanently in Australia must apply to migrate, or if they are already in Australia, apply to change their status to permanent resident.

There are four categories to Australia's migration program:

• Family Migration
• General Skilled Migration
• Business Skills Migration
• Humanitarian Program Migration (Refugee)

The Family Stream of Australia's Migration Program allows Australian citizens, permanent residents and eligible New Zealand citizens to sponsor some categories of relatives to migrate to Australia. It is necessary to take into consideration that Australian citizens and permanent residents do not have an absolute right to bring any relative to live in Australia. To succeed as migrants, the relatives and their sponsor must meet all requirements established by immigration law for their visa class/subclass.

The Family Stream consists of the following visas:

• Spouse or de facto spouse
• Fiance(e)
• Parent who meets the balance of family test
• Aged parent
• Dependent child
• Child adopted overseas
• Aged dependent relative
• Remaining relative
• Carer
• Orphan relative

Many visa classes in the Family Stream (except for spouse and child visas) are liable to be capped by quota limiting the number of visas in visa class that can be granted in any particular financial year. Once a limit is reached, no more visas can be granted in that financial year. This means that applicants for these visas may face long delays before they get their visa.

This stream of the migration program is designed to enhance and strengthen the Australian economy by giving skilled people Australian permanent visas. Skilled visas target young, well qualified people with good English language skills. Applicants must nominate a skilled occupation listed in Skilled Occupations List (SOL) and generally pass the points test.

When you apply, you must select a Skilled Migration category to apply under.

There are 3 types of categories:

1. Independent - for those who have not been nominated by an Australian employer or State/ Territory Government or Australian family sponsor. This also includes overseas students in Australia eligible to apply for this visa.
2. Employer nominated - for those who have an Australian employer.
3. State/Territory or family sponsored - for those who have been sponsored by State/Territory Government or eligible relative.

Applicants for Independent categories must gain sufficient points to reach the pass mark at the time their application is assessed (not when form is lodged). Points are awarded primarily for age, qualifications, work experience, and English language ability. Additional points are given if the applicant has a well qualified spouse, Australian educational qualifications, etc.

If you believe that you may meet the basic requirements and would like to know our Registered Migration Agent's opinion about your points score and your chances of a successful application under this category, then complete and send us our Assessment Form - Points test (Skilled).

The Business Skills visa class of Australia's Migration Program encourages successful business people to settle permanently in Australia and develop businesses.
Business people may make an application for most Business Skills visas either overseas or in Australia.

If you believe that you may meet the minimum requirements and would like to know our Registered Migration Agent's opinion about your points score and your chances of a successful application under this category, then complete and send us our Assessment Form - Points test (Business).

Australia is a signatory to the United Nations 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol ("the Refugee Convention"). This means that Australia gives protection to people who arrive at Australia's border or who are already in the country if they fit the United Nations definition of a refugee.

There are a number of different visas available under this program:

• Refugee category (subclass 200) - for people who are subject to persecution in their home country, and living outside their home country;
• In-country special humanitarian visa (subclass 201) - for people who are subject to persecution in their home country and are still living there;
• Global special humanitarian visa (subclass 202) - for people who are subject to substantial discrimination amounting to gross violation of human rights in their home country and living outside their home country;
• Emergency rescue visa (subclass 203) - for people who are subject to persecution, are outside their home country and there are urgent and compelling reasons for them to travel to Australia;
• Woman at risk (subclass 204) - for women who are subject to persecution , are living outside their home country without the protection of a male relative and in danger of victimization, harassment or serious abuse because of her gender;
• Permanent protection visa (subclass 866) for people already in Australia if they fear returning to their own country and meet the definition of "refugee" contained in the United Nations Convention relating to the status of refugees.

To be successful, applicants for any visa from the Humanitarian migration program must provide specific evidences to proof their eligibility to be granted the visa. From this point of view every case is unique and demands special preparation.