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Country Profiles


Australia

Introduction  

Overview  The immigration application process is relatively straightforward, and it is possible to change your immigration status after arrival in Australia. The immigration system is based upon strict adherence to specific law and guidelines which are reviewed on a regular basis. Emigra has substantial experience and an outstanding success rate with Australian Immigration.

Terms  The most common immigration documents are "Electronic Travel Authorities (ETA)" for business and tourism, "Temporary Business Long-Stay Visas (457)", “Temporary Residence Visas", and various categories of "Migration Visas". Most corporate employees would be nominated for Temporary Business (Long Stay) Visas. The relevant authority is the Australian Department of Immigration, Multicultural & Indigenous Affairs (DIMIA).

Corporate Assignments  

New Hires  Although there are no official limitations, to receive immigration approval a new hire should have a relevant degree and work experience in an occupation which is deemed to be essential to the ongoing business operations. There are also minimum base annual salary requirements.

Intra Company Hires  Intra Company Transfers involve the exact same application process as New Hires. There are no hard rules on required tenure with the company.

Business Visits  Orientation, home-finding, and other preparation for employment can be conducted under short term business status. It is also possible for some applicants to convert from visitor to employment status without leaving Australia.

Dependants  Legal spouses and children up to age 18 of 457 Visa holders can receive dependant 457 Visas. (Other family members can possibly be granted this visa if stringent proof of dependency is sufficient.) These visas are normally issued with no restriction on working. De facto heterosexual partners are eligible for dependant 457 Visas with sufficient proof of the relationship; however, homosexual partnerships are not recognized for 457 Visas.

Other Immigration Categories  

Investors  Australia is open to business start-ups, and several private and corporate business migration visas are available. Demonstration of the candidate’s business capabilities and financial stability are required. Among other criteria, personal and business minimum asset levels, as well as business annual turnover levels must be met. Purely investment-linked applicants may also obtain visas under various categories, and again, minimum investment levels exist and other criteria must be satisfied in order to qualify.

Exceptions/Special Cases  Eligible New Zealand passport holders are granted a Special Category Visa (SCV) to live or work in Australia.

Special Programs  Other programs exist and very specific criteria must be met in relation to: Interdependent Partners (Same Sex), Occupational Trainees, Working Holiday Makers, Exchange Visitors, Foreign Domestic Helpers, Special Talent Migrants, and certain additional special situations.

Work Application Process  

Process Summary  Emigra files the application and justifying documents for the Company’s Sponsorship and Applicant’s Nomination with DIMIA. Upon approval, applicants must meet the requirements of health criteria by undertaking specific health checks at nominated medical facilities (either in the home country or Australia). We will then apply for the applicants' Temporary Residence Visas with DIMIA. Upon approval of the visas, all ETA eligible nationals can enter Australia with an ETA. The Temporary Residence Visas can be collected within four weeks of arrival into Australia. Non-ETA eligible nationalities must obtain a visa from the Australian Embassy, Consulate or High Commission prior to departure. Emigra will assist applicants in obtaining either the ETA or the consular visa.

Processing Times  The typical processing time averages four to six weeks.

Application Materials  A variety of personal and corporate documents will be needed to support the application. Such documents may include: copy of diploma(s), current resume (c.v.), birth and marriage certificates, corporate financial reports, corporate registration certificates, and the like. Emigra will advise you of the exact documents required based upon the specifics of your case.

Residence Documents  None required.

Potential Issues  An absence of a degree, relevant experience, or sufficient compensation can complicate employment based applications. The Immigration Department will also look at the Employer's previous training record and ratio of foreign to local workers.

Renewals  Most Employment and Dependant Visas can be issued with an initial validity of a nominated period of up to four years. Renewals are typically available as long as the applicant has met the requirements of the visa and the employer has met the requirements of sponsorship. Permanent residence is available for qualified candidates under the Independent Skilled Migration Scheme, the Family Migration Scheme, or the Employer Nomination Scheme.




 
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