COSTANZO LAWYERS ITALY IMMIGRATION CONFERENCE (AUGUST 2014)

COSTANZO LAWYERS ITALY IMMIGRATION CONFERENCE (AUGUST 2014)

COSTANZO LAWYERS ITALY IMMIGRATION CONFERENCE (AUGUST 2014)

A: WORKING/EMPLOYER SPONSORED VISAS:

  1. 1.    Working Holiday Visa (Subclass 417)

For Italians aged 18-30 (inclusive) who apply within 12 months of intended travel to Australia

Benefits:

  • You can stay in Australia for up to 12 months from when first enter (a further 12 months stay is possible if qualify for a 2nd visa)
  • It ‘buys’ time to find another visa, e.g. employer sponsored 457, 186, 0r 187 visa.
  • Applicant can leave and reenter any number of times while the visa is valid
  • Allows study for up to 4 months. – great for language skills for later visa application
  • 2nd visa if worked in regional areas for a minimum of 3 months (88 days) while on 1st visa

Disadvantages:

  • Only a Temporary visa (but can lead to greater migration opportunities)
  • Can only work with each employer for maximum of 6 months, so must comply
  • Can’t be accompanied by dependent children at any time during stay
  • Must meet health, character and financial requirement
  • Must not have previously entered on a WHV visa (unless applying for a 2nd visa)
  • Must be outside Australia when apply and at visa grant (unless applying for a 2nd visa)

 

 

  1. 2.    The Temporary Work (Skilled) (subclass 457)

This visa allows Australian business to employ Italian worker for a genuine position that cannot be filled from the local labour market. The business must meet training benchmarks for the term of the sponsorship;

 

  • 3 stage process:

 

Sponsorship—the employer must be a standard business sponsor business sponsor

Nomination—the employer nominates an occupation for a prospective or existing subclass 457 visa holder.

Visa application—the person nominated to work in the nominated occupation applies
for the subclass 457 visa.

 

Benefits:

  • Although a Temporary visa, it is a very popular for eventual PR path (you can be employed on it for up to 4 years)
  • After a certain time on the 457, (2 years) employer can offer the worker permanent position in that same occupation
  • Guaranteed conditions e.g. minimum salary $53,900.00
  • Can apply for this visa from Italy or in Australia

Disadvantages:

 

  • Must have an employer sponsor
  • Must have qualification, skills and English language requirements for the position
  • Must be younger than 50 years old unless exempt
  • Occupation must be on the DIBP approved list (CSOL)
  • If lose employment, must find a new employer or other visa quickly
  • If lose employment, and find new employer, time starts again i.e. any time served with former employer not recognised.
  • Getting tougher i.e. Business must show can’t find local worker

 

 

3.    Employer Nominated Scheme (Subclass 186) (ENS): Can work under one of:

  • Temporary Residence Transition stream is for subclass 457 visa holders who have worked for 2 years in the same occupation with their nominating employer who wants to offer them a permanent position in that occupation.

 

  • The Direct Entry stream is for:
    • people nominated by their employer under the Direct Entry stream
    • people who have never, or only briefly, worked in Australia
    • temporary residents who do not qualify for the Temporary Residence Transition stream

 

  • The Agreement stream is sponsorship by an employer through a labour agreement.

Benefits:

  • This visa is a permanent residence one for skilled workers
  • You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.

 

Disadvantages:

 

  • Must be nominated by an approved Australian employer
  • Must be younger than 50 years of age, unless you are exempt
  • Must meet the skills, qualifications and English language requirements

 

  1. 4.    Regional Sponsored Migration Scheme visa (Subclass 187)

This visa is for skilled workers who want to work in regional Australia. It involves a two-step process, (nomination by an approved Australian employer and then an application under one of 3 streams:

  • the Temporary Residence Transition stream
  • the Direct Entry stream
  • the Agreement stream.

 

Benefits

  • Permanent residence visa
  • Can be in or out of Australia when apply

Disadvantages:

  • Work in Regional areas only (does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • Must be younger than 50 years of age, unless you are exempt
  • Must meet the skills, qualifications and English language requirements, unless exempt

 

B: SKILLED MIGRATION

  1. 1.    Skilled—Independent (subclass 189) visa

 

 

This visa is for skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

Benefits:

  • It allows you to live and work in Australia as a permanent resident.
  • You can be in or outside Australia when you apply and when the visa is granted.

Disadvantages

  • An Expression of Interest must be submitted through SkillSelect and then wait for invitation before can apply

 

  • Occupation must be on the relevant skilled occupation list (SOL), obtain a skills assessment and points tested
  • Not yet turned 50 years of age & require at least competent English

 

  1. 2.    Skilled—Nominated (subclass 190) visa

 

Points-tested for skilled workers who are nominated by a state or territory government agency.

Benefits:

  • It allows you to live and work in Australia as a permanent resident.
  • You can be in or outside Australia when you apply and when the visa is granted.

Disadvantages:

  • Must nominate an occupation that is on the relevant skilled occupation list (SOL)
  • Must get a skills assessment for that occupation
  • Must be under 50 years of age
  • Must have achieved the score based on the factors in the points test
  • Have at least competent English
  • Must be nominated by an Australian state or territory government agency.
  • Must submit an Expression of Interest through SkillSelect and then be invited to apply

 

 

  1. 3.    Skilled Regional (Provisional) (subclass 489) visa.

Benefits:

 

Skilled workers can live, work & study in specified regional areas in Australia for up to 4 years.

 

 

Disadvantages:

 

  • Expression of Interest is required through SkillSelect
  • been nominated by an Australian State or Territory government agency or sponsored by an eligible relative living in a designated area
  • nominated an occupation that is on the relevant skilled occupations list
  • Can’t apply without a Skills Assessment
  • not yet turned 50 years of age
  • Points tested
  • Have at least competent English

 

 

 

 

 

C: BUSINESS VISAS

 

Business Innovation and Investment (Provisional) visa (Subclass 188)

Description:

The Business Innovation and Investment (Provisional) visa (subclass 188) is part of the Business Innovation and Investment Programme. This is for people who want to own and manage a new or existing business in Australia, or to invest in an Australian state or territory.​​

3 streams:

  • Business Innovation stream: for people with business skills who want to establish, develop and manage a new or existing business in Australia.
  • Investor stream: for people who want to make a designated investment of at least AUD1.5million in an Australian state or territory and maintain business and investment activity in Australia.
  • Significant Investor stream: for people who are willing to invest at least AUD5million into complying investments in Australia and want to maintain business and investment activity in Australia.

 

Benefits:

  • This visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888) – i.e  Permanent Residence
  • Allows you to establish a new or develop an existing business and/or invest in Australia, make a designated investment with an Australian state or territory government or make and maintain complying investments in Australia
  • Allows travel in and out of Australia for the visa life
  • You can bring family members with you to Australia

 

Disadvantages:

  • You must submit an Expression of Interest through SkillSelect
  • Must be nominated by a state or territory government before being invited to apply by the Minister for Immigration and Border Protection for this visa.
  • Must show evidence of previous business success

 

D: FAMILY MIGRATION

 

Contributory Parent visas (Subclass 143)

 

You may be able to get this if you hold a temporary Contributory Parent visa (subclass 173)

Benefits:

  • Lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.
  • Can apply in or outside Australia (If you are in Australia, you can apply only if your temporary visa allows you to apply for another visa while you are in Australia).
  • Faster processing time because prepared to pay higher visa application charge

Disadvantages:

 

  • Need to be sponsored by their child
  • Balance of family test
  • Sponsor must’ve lived in Australia for the 2 years before the application is lodged.
  • Cost is very expensive ($45,000.00 plus $10,000.00 bond for single parent or $88,000.00 plus a $14,000.00 bond for both parents

NB: Parents may also be eligible for a longer validity visitor visa which allows periods of stay of 12 months in any given 18 month period.

 

E: PARTNER VISAS (Subclass 309/100 if outside Australia & 820/801 if in Australia)

This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

 

Benefits:

  • Allows you to live in Australia if in relationship with one of above
  • You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.
  • Allows you to work and study in Australia and get Medicare

 

  • You can include your dependent children in your application, but not other dependent relatives (unless you hold or held a Prospective Marriage visa). Dependent applicants must be in Australia when they apply.

If you are later granted a permanent visa, you can:

  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • receive some social security payments
  • travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.

 

Disadvantages: 1) Must be where you applied from in order to be granted the visa (i.e. if apply from Italy, you, must be in Italy when Department decision made); 2) Average processing time for this visa can be quite long at moment (12 to 15 months).​

Prospective Marriage Visa (Subclass 300)

 

This visa allows people to come to Australia to marry their prospective spouse within 9 months

Benefits:

  • Can enter Australia before you marry your prospective spouse
  • Can travel in and out of Australia as often as you want
  • Can work in Australia, although some employers might not hire people with temporary visas
  • Can study in Australia, but with no access to government funding for tertiary study
  • After your marriage, you can apply for a Partner Visa in Australia

 

Disadvantages:

Must be outside Australia when you lodge and when the visa is granted. 

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