The 1st Contact Visas Encyclopaedia of
Australian Migration Applications

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SIR Visa
See: Skilled Regional Sponsored Visa subclass 475

Skill Assessment

The purpose of a Skill Assessment is to ensure that an applicant has the required skill, qualifications and experience to meet the requirements for a skilled migration visa.

Skilled Designated Area Sponsored Visa
See: Skilled Regional Sponsored Visa subclass 475

Skilled Independent Regional Visa
See: Skilled Regional Sponsored Visa subclass 475

Skilled Independent Visa subclass 175

This is the most desirable of all visas. It allows the successful applicant to be a permanent resident of Australia upon first entry, and places no restriction on the region of residence or the nature of the work the applicant can undertake.

It is called the Independent visa because no sponsorship is required. That is to say, the applicant has the right to reside in Australia independent of a sponsor, such as an Australian employer, State Government or family member.

Understandably, the criteria that must be met to apply for this visa are the highest, given that it is the least restrictive visa available, and applicants become permanent residents immediately.

The basic requirements for a Skilled-Independent category visa to migrate to Australia or obtain permanent residency in Australia you, or your spouse, must be able to satisfy basic requirements:

• be under 45 years of age when the visa application is lodged;
• have sufficient English language ability for working in Australia;
• have skills assessed by the relevant assessing authority for the nominated occupation before the application is lodged;
• nominate an occupation which fits the applicants skills and qualifications when applying. The applicants’ nominated occupation must be on the Skilled Occupations List (SOL). If the nominated occupation is not on the list, an application cannot be lodged;
• have worked in a skilled occupation for at least 12 months in the 2 years before applying.

In Addition to the above, the applicant must score at least 120 points in the points test.

Skilled Independent Visa subclass 175 is a migrant visa, which means the applicant and all included dependents are granted Permanent residence upon first entry to Australia, and are not restricted in any way with regards to work and residence requirements.

Skilled Occupation List

In order to apply for a Skilled visa, applicants must nominate an occupation on the Skilled Occupation List (SOL). This list details all occupations that will be considered for a skilled visa and the number of points awarded for each occupation. It will also supply details of the Australian organisations approved to assess an applicant’s skills.

Skilled Regional Sponsored Visa subclass 475

This is the name of the application type where the applicant is skilled in an occupation on the Skilled Occupation List, but does not meet the necessary points requirement to apply for a Skilled – Independent Visa subclass 175 or a Skilled – Sponsored Visa subclass 176.

This visa is intended to reduce the requirements for applicants who wish to migrate to a Regional area of Australia, on the basis that these regions are generally under populated and are therefore more open to migrants.

To meet the criteria for a Skilled – Regional Sponsored Visa subclass 475, the applicant must be sponsored by either an eligible family member or by an Australian State or Territory.

See: Skilled – Regional Sponsored Visa subclass 475 (Designated Area Family Sponsored) and Skilled – Regional Sponsored Visa subclass 475 (State/Territory Sponsored)

Skilled Regional Sponsored Visa subclass 475 (Designated Area Family Sponsored)

This is an application where the applicant is skilled in an occupation on the Skilled Occupation List, but is also the family member of an Australian citizen or permanent resident who lives in a designated area of Australia, thereby reducing the requirements for a skilled visa. As with all skilled visas, the skilled family sponsored visas first require the applicant to have a skill that is listed on the Skilled Occupation List. The family sponsorship is not the basis of the application, but rather a fact the makes a positive contribution to the Skilled application.

This visa class is not to be confused with Family Visas, which are visas that rely entirely on the applicant’s relationship to an Australian Citizen or Permanent Resident.

The basic requirements for a Skilled – Regional Sponsored Visa subclass 475 (Designated Area Family Sponsored) visa are that the applicant must:

• be under 45 years of age when the visa application is lodged;
• have sufficient English language ability for working in Australia;
• have skills assessed by the relevant assessing authority for the nominated occupation before the application is lodged;
• nominate an occupation which fits the applicants skills and qualifications when applying. The applicants’ nominated occupation must be on the Skilled Occupations List (SOL). If the nominated occupation is not on the list, an application cannot be lodged;
• have worked in a skilled occupation for at least 12 months in the 2 years before applying.

In addition to the above, the applicant must score at least 100 points in the points test, and must be sponsored by an Australian Citizen or permanent resident. The applicant, or the applicants spouse or partner, must be related to the sponsor as one of the following:

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

Skilled – Regional Sponsored Visa subclass 475 (Designated Area Family Sponsored) is a 3 year provisional visa, which means the applicant and all included dependents are granted Provisional residence upon first entry to Australia, and are required to demonstrate that they have met the residence and work requirements as stipulated by the visa conditions in order to apply for Permanent Residence.

Skilled Regional Sponsored Visa subclass 475 (State/Territory Sponsored)

This is an application where the applicant is skilled in an occupation on the Skilled Occupation List, but does not meet the criteria for a Skilled – Independent Visa subclass 175 application. If the applicant can show that they are skilled in an occupation that is in shortage in one of the regions within the individual states, then the applicant can request regional sponsorship of their visa application from that state. If an applicant applies for a visa based on the fact that their skill is in demand in a particular state, then the requirements to be met to apply for a visa will be reduced. In return for endorsing the applicant’s application, the sponsoring state will require the applicant to work and reside in their state for a minimum period of time, usually 2 years.

The basic requirements for a Skilled – Regional Sponsored Visa subclass 475 (State/Territory Sponsored) visa are that the applicant must:

• be under 45 years of age when the visa application is lodged;
• have sufficient English language ability for working in Australia;
• have skills assessed by the relevant assessing authority for the nominated occupation before the application is lodged;
• nominate an occupation which fits the applicants skills and qualifications when applying. The applicants’ nominated occupation must be on the Skilled Occupations List (SOL). If the nominated occupation is not on the list, an application cannot be lodged;
• have worked in a skilled occupation for at least 12 months in the 2 years before applying.

In addition to the above, the applicant must score at least 100 points in the points test, and must be sponsored by an Australian State or Territory Government. The applicants’ skill must be listed on the Provisional list of occupations in demand in that state, and the applicant must meet the sponsoring states requirements in order to secure sponsorship.

The Skilled – Regional Sponsored Visa subclass 475 (State/Territory Sponsored) is a 3 year provisional visa, which means the applicant and all included dependents are granted Provisional residence upon first entry to Australia, and are required to demonstrate that they have met the residence and work requirements as stipulated by the visa conditions in order to apply for Permanent Residence.

Skilled Sponsored Visa

See: Skilled – Sponsored Visa subclass 176 (Family Sponsored) and Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored) and Skilled Regional Sponsored Visa subclass 475

Skilled Sponsored Visa subclass 176

This is the name of the application type where the applicant is skilled in an occupation on the Skilled Occupation List, but does not meet the necessary points requirement to apply for a Skilled – Independent Visa subclass 175.

To meet the criteria for a Skilled – Sponsored Visa subclass 176, the applicant must be sponsored by either an eligible family member or by an Australian State or Territory.

See: Skilled – Sponsored Visa subclass 176 (Family Sponsored) and Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored)

Skilled Sponsored Visa subclass 176 (Family Sponsored)

This is an application where the applicant is skilled in an occupation on the Skilled Occupation List, but is also the family member of an Australian citizen or permanent resident, thereby reducing the requirements for a skilled visa. As with all skilled visas, the skilled family sponsored visas first require the applicant to have a skill that is listed on the Skilled Occupation List. The family sponsorship is not the basis of the application, but rather a fact the makes a positive contribution to the Skilled application.

Only immediate family members can sponsor an applicant to a skilled visa. A special exception is in the event the sponsoring family member lives in a Designated Area of Australia, in which case a further removed family member can also sponsor the applicant.

This is not to be confused with Family Visas, which are visas that rely entirely on the applicant’s relationship to an Australian Citizen or Permanent Resident.

The basic requirements for a Skilled – Sponsored Visa subclass 176 (Family Sponsored)
visa to migrate to Australia or obtain permanent residency in Australia, the applicant, or the applicants spouse, must be able to satisfy basic requirements:

• be under 45 years of age when the visa application is lodged;
• have sufficient English language ability for working in Australia;
• have skills assessed by the relevant assessing authority for the nominated occupation before the application is lodged;
• nominate an occupation which fits the applicants skills and qualifications when applying. The applicants’ nominated occupation must be on the Skilled Occupations List (SOL). If the nominated occupation is not on the list, an application cannot be lodged;
• have worked in a skilled occupation for at least 12 months in the 2 years before applying.

In addition to the above, the applicant must score at least 100 points in the points test, and must be sponsored by an Australian Citizen or permanent resident. The applicant, or the applicants spouse or partner, must be related to the sponsor as one of the following:

• a non-dependent child – including an adoptive or step-child;
• a parent – including adoptive or step–parent;
• a brother or sister – including adoptive or step-siblings;
• a niece or nephew – including adoptive or step–niece or nephew;
• an aunt or uncle – including adoptive or step–aunt or uncle.

Skilled – Sponsored Visa subclass 176 (Family Sponsored) is a migrant visa, which means the applicant and all included dependents are granted Permanent residence upon first entry to Australia, and are not restricted in any way with regards to work and residence requirements.

Skilled Sponsored Visa subclass 176 (State/Territory Sponsored)

This is an application where the applicant is skilled in an occupation on the Skilled Occupation List, but does not meet the criteria for a Skilled – Independent Visa subclass 175 application. If the applicant can show that they are skilled in an occupation that is in shortage in one of the individual states, then the applicant can request sponsorship of their visa application from that state. If an applicant applies for a visa based on the fact that their skill is in demand in a particular state, then the requirements to be met to apply for a visa will be reduced. In return for endorsing the applicant’s application, the sponsoring state will require the applicant to work and reside in their state for a minimum period of time, usually 2 years.

The basic requirements for a Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored) visa to migrate to Australia or obtain permanent residency in Australia you, or your spouse, must be able to satisfy basic requirements:

• be under 45 years of age when the visa application is lodged;
• have sufficient English language ability for working in Australia;
• have skills assessed by the relevant assessing authority for the nominated occupation before the application is lodged;
• nominate an occupation which fits the applicants skills and qualifications when applying. The applicants’ nominated occupation must be on the Skilled Occupations List (SOL). If the nominated occupation is not on the list, an application cannot be lodged;
• have worked in a skilled occupation for at least 12 months in the 2 years before applying.

In addition to the above, the applicant must score at least 100 points in the points test, and must be sponsored by an Australian State or Territory Government. The applicants’ skill must be listed on the Permanent list of occupations in demand in that state, and the applicant must meet the sponsoring states requirements in order to secure sponsorship.

The Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored) is a migrant visa, which means the applicant and all included dependents are granted Permanent residence upon first entry to Australia, but are expected to live and work in the State or Territory that supplied sponsorship for at least 2 years. The applicant is expected to work in the occupation for which they were assessed for the visa application.

Skilled State or Territory Nominated Visa
See: Skilled – Sponsored Visa subclass 176 (Family Sponsored) and Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored)

Skilled Visas

This is a general term that refers to all visas that rely on the applicant’s skill. It does not include visas where the applicant is skilled but requires sponsorship from an Australian employer. It does include visas where the applicant is skilled, but requires sponsorship from an Australian family member or state in order to meet the points criteria.

To be eligible for a skilled via, the applicant must be skilled and experienced in an occupation on the Skilled Occupation List (SOL). This is a list of all the occupations for which a skilled visa can be granted. Some skills are more in demand than others, and are therefore also listed on the shorter Migration Occupations in Demand List (MODL). Generally, the more in demand an applicant’s skill; the more likely they will be eligible for a skilled visa.

Other criteria to be met are that the applicant is under the age of 45, is at least a competent user of the English language, is of good health, and is of good character.

Normally, skilled visas are more desirable than employer sponsored visas, even though they are more costly and take longer to obtain. This is because they are less restrictive with regard to work and residence conditions, and in most cases lead sooner to citizenship.

Sponsor

A sponsor is an Australian person, business or Government on whose support a visa applicant relies in order to obtain a visa. The exact nature of the support varies with application type.

In the case of a Family visa, the sponsor is the Australian family member of the applicant, whose relationship with the applicant is the basis of the application.

In the case of a Skilled visa, the sponsor could be one of the Australian state or territory governments. Australia is a federation, each state or territory having its own government. Each government has identified skills that are shortage within its own state. Being able to show that their skill is in demand in a particular state, might mean that the applicant will receive sponsorship from the relevant state, thereby increasing their eligibility for a visa.

Also in the case of a Skilled visa, the sponsor could be a family member of the applicant. Where a Skilled applicant does not meet the requirements for a Skilled Independent application, but the applicant has a close family member who is an Australian citizen or permanent resident, then family sponsorship can be claimed in addition to having a skill in demand.

Provided the Australian family member undertakes to assist the applicant financially, in the event it is needed, then the requirements to be met by the applicant will be reduced. Skilled family sponsorship is not to be confused with Family visas. As with all skilled visas, the skilled family sponsored visas first require the applicant to have a skill that is listed on the Skilled Occupation List.

Sponsorship

This is the term used to refer to the act of endorsing an application by an Australian citizen or permanent resident, or business, or Government.

For example, a skilled application is said to require sponsorship in the event the applicant does not meet the requirements of the visa in their own right, and therefore requires the support (or sponsorship) of either a family member who is Australian, or of an Australian Government that recognises the applicant’s skill is in demand in a specific region.

In the case of an Employer (or Business) Sponsored Visa, sponsorship by the employer is the basis of the application, rather than the applicants skill.

Spouse Permanent Visa (Subclass 100)

This visa is for partners of Australian Citizens or Permanent residents who wish to enter Australia to settle there with their partner.

For this visa type, the applicant and the applicants sponsor (The Australian Citizen or Permanent Resident) must demonstrate they:

• have a mutual commitment to a shared life;
• are in a relationship akin to marriage;
• are in a relationship to the exclusion of all others;
• currently live together and have lived together, for at least 5 years or, if not, any separation must have been only temporary and for compelling reasons; and
• have a genuine and continuing relationship.

The 5 year co-habitation requirement can be reduced to 2 years in the event the relationship has borne one or more children.

The sponsor must also demonstrate that he/she has been in employment and is able to support their Spouse in Australia, in the event their spouse is unable to work.

The Spouse Permanent Visa (Subclass 100) is a Permanent Residence visa, and leads eventually to citizenship for the applicant.

Spouse Temporary Visa (Subclass 309)

This visa is for partners of Australian Citizens or Permanent residents who wish to enter Australia to settle there with their partner.

For this visa type, the applicant and the applicants sponsor (The Australian Citizen or Permanent Resident) must demonstrate they:

• have a mutual commitment to a shared life;
• are in a relationship akin to marriage;
• are in a relationship to the exclusion of all others;
• currently live together and have lived together, for at least 12 months or, if not, any separation must have been only temporary and for compelling reasons; and
• have a genuine and continuing relationship.

The 12 month co-habitation requirement can be reduced or waived if a compelling reason to do so exists.

The sponsor must also demonstrate that he/she has been in employment and is able to support their Spouse in Australia, in the event their spouse is unable to work.

The Spouse Temporary Visa (Subclass 309) is a temporary visa, which will expire after 2 years. The applicant will then be required to demonstrate that the relationship has continued in order to apply for Permanent Residence.

Spouse Visa
See Partner Visas

State Nominated Visa
See: Skilled – Sponsored Visa subclass 176 (Family Sponsored) and Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored)

State Sponsored Visa

See: Skilled – Sponsored Visa subclass 176 (Family Sponsored) and Skilled – Sponsored Visa subclass 176 (State/Territory Sponsored) and Skilled Regional Sponsored Visa subclass 475