Immigration

IMMIGRATION TO AUSTRALIA

INTRODUCTION

A person may travel to Australia as an immigrant or nonimmigrant. Under the nonimmigrant category, a person may apply for a visitor visa or a visa for temporary residence. An immigrant visa may be issued for family migration, skilled migration, and humanitarian migration.

Skilled migration could be divided into two parts. One is Business migration the other is General migration.

Business Skills Migration

The aim of the Business Skills Category is to attract people with a demonstrated record of business or investment activity who are committed to using their business and/or investment skills in Australia.

Visa option:

(1)  Business Owner (Provisional) (Subclass 160)

(2)  State/Territory Sponsored Business Owner (Provisional) (Subclass 163)

In the subclass 163 it can also be divided (A) for business owner and  (B) for senior manager.

(3)  Senior Executives (Provisional) (Subclass 161)

(4)  State/Territory Sponsored Senior Executive (Provisional) (Subclass 164)

(5)  Investor (Provisional) (Subclass 162)

(6)  State/Territory Sponsored Investor (Provisional) (Subclass 165)

(7)  Business Talent (Migrant) (Subclass 132)

Most Chinese applicants fall into the subclasses 132,163,164,165 while the Subclasses 160,161,162 are not suitable for them.

Business Talent (Migrant) (Subclass 132)

For high caliber business people, sponsored by a state or territory of Australia, who are owners or part owners of an overseas business and have a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

Requirements:

• Be sponsored by a state or territory government;

• Have very substantial net assets in a business (at least A$400,000);

• Have achieved a very substantial annual turnover in the business (at least A$3,000,000);

• Have very substantial business and personal assets available for transfer to Australia(net assets: at least 1,500,000) and

• Be less than 55 years old.

State/Territory Sponsored Business Owner (Provisional) (Subclass 163)

For people sponsored by a state or territory of Australia. Applicants must have a successful business career, and a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia.

Requirements:

• Must be sponsored by a state or territory government
• Have an overall successful business career
• Your (and your spouse's combined) total assets have a net value of at least AUD$250,000
• Intend to engage in business in Australia
• Have an ownership interest in a main business (or two main business combined) with an annual turnover of at least AUD$300,000 in at least two of the four fiscal years or are a senior manager; and
• Be less than 55 years old.

State/Territory Sponsored Senior Executive (Provisional) (Subclass 164)

For senior executive employees of a major overseas business, sponsored by a state or territory of Australia, who have significant net assets and a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

        Requirements:

• Be sponsored by a state or territory government
• Be employed in one of the top three levels of management of a major business
• Have substantial business and personal assets(net assets: at least A$250,000)
• Be less than 55 years old.

State/Territory Sponsored Investor (Provisional) (Subclass 165)

For people sponsored by a state or territory of Australia, who have a successful business or investment career, and have a genuine and realistic commitment to be involved in investing or business in Australia.

Requirements:

• Be sponsored by a state or territory government and intend to live permanently in that state or territory for a minimum of 2 years
• Be willing to make a A$750, 000 investment in a government approved Designated Investment for 4 years and the said money is legally transferred to Australia(form a China or Hong Kong Bank)
• Have substantial business and personal assets (net assets:A$1,125,000)
• Be less than 55 years old

Processing times: approximate 1 year

Remarks: Holder of the Subclass163 and 164 visas have to live in Australia for 2 years in order to be qualified for applying for residency visas while the Subclass 165 should live for 4 years.

General Skilled Migration

This programme, also known as the General Skilled Migration programme, is for people who are not sponsored by an employer and who have skills in particular occupations required in Australia. Applicants must be over 18 and under 45 years of age, with good English language ability, and recent skilled work experience or a recently completed eligible Australian qualification.

Applicants must also have skills and qualifications for an occupation listed on Australia's Skilled Occupation List (SOL).

Visa Option:

(1)  Skilled – Independent (Migrant) visa (subclass 175)

(2)  Skill Matching Database

(3)  Skilled – Regional Sponsored (Provisional) visa (subclass 475)

(4)  Skilled – Sponsored (Migrant) visa (subclass 176)

The above visas are more appropriate for Chinese people in our opinion. For most General Skilled Migration visas (e.g. the subclass 175,176,475), your application will be assessed against a points test. You can claim points under a range of different factors such as age, skill, academic qualification, skilled work experience, the level of English.The following form shows the recent pass mark & pool mark.

If the pass mark is lowered at any time in that two (2) year period, and your score is equal to or higher than the new pass mark, your application will be processed further.

Changes to the pass and pool marks occur to address Australian labour market needs.