Useful Visa Information – Australia

“BRITS FLOCK TO START A NEW LIFE IN AUSTRALIA” – November 27th, 2009 Sydney Morning Herald.


The Article included new statistics showing the number of people leaving Britain has soared to a record high, with Australia the top country of choice to set up home.


An article in The Australian newspaper on the 17th November 2009 referred to (in part) research that indicated Australia might still face a further potential skills shortage. It was suggested that one of the ways to address this workforce deficit was to “increase migration” and that Federal and State Governments should work with Universities to assess the potential for using overseas students to meet current and future skills and labour needs.


This may be good news for those potential VISA applicants wanting to call Australia home.






If you are considering staying long term in Australia, then a range of VISA options are open. Below is a list of the most common work visas (and study option) currently available to help you choose the strongest option for you. (Including reference to a recent Direction from the Department of Immigration and Citizenship regarding priority processing of certain skilled migration visas which will assist when considering the processing time of your proposed application.)


EMPLOYER NOMINATION SCHEME – Subclass 856/121 (Regional 119/857)


This visa is for highly skilled workers from overseas and highly skilled temporary residents already working in Australia (See Temporary Resident Subclass 457) below.

If your occupation is on the ENS list Australian employers are able to sponsor employees for a permanent VISA to work in Australia. The ENS VISA is currently heading the priority list and is by far the most preferred option if it is available to you or a member of your family.




This list is currently a very important consideration for VISA Applicants wanting to work in Australia especially considering the time in which a VISA may be granted after an application has been lodged with DIAC.


Greater priority is given to those who are qualified as:


•· quantity surveyors, surveyors and urban and regional planners, in addition to a number of engineering qualifications, such as chemical, civil, electrical and electronics, mechanical and aircraft maintenance (avionics and mechanical).


•· The list also clarifies the experience necessary for those qualified as Accountants, including that they have completed the Professional Year – Skilled Migration Internship Program Accounting (SMIPA) and/or have a high pass in the language test IELTS (if applicable)



•· There is similar clarification for Computing Professionals, who are on the Critical Skills List if their specialisation is listed on the MODL (see reference to MODL below)


•· A significant number of occupations on the Critical Skills List are from the health and medical professions, such as anaesthetists, dentists, emergency medicine specialists, occupational therapists, pharmacists (hospital and retail), physiotherapists, podiatrists, registered nurses (including registered mental health nurses) registered midwives, speech pathologists, pathologists and radiologists.


•· Finally there are few trade skills left including electronic equipment trades, gasfitter, wall and floor tiler together with secondary school teachers.


The above list must be considered when applying for any of the following Permanent Independent Skilled VISAS.




Applications who are nominated by a State or Territory Government and have nominated an occupation on the Critical Skills List referred to above will receive the next priority processing of their VISA Application.


If you have been sponsored by a person other than a State/Territory and have a skill on the Critical skills list your VISA Application is processed next.




Applications from persons who are neither nominated nor sponsored but have nominated an occupation on the Critical Skills List are processed next.


Followed by applications from persons who are nominated by a State/Territory government and have not nominated an occupation on the CSL; applications from persons whose occupations are listed on the MODL and applications from persons who are sponsored by a person other than a State/Territory and have not nominated an occupation on the Critical Skills List.


All other applications are to be processed in the order in which they are received.




TEMPORARY WORKING VISAS (which may lead to Permanent Residency)


If you are in Australia on a Working Holiday Visa (e.g. Subclass 417) you may want to discuss with your Employer the possibility of a Temporary Business Long Stay – Standard Business Sponsorship (Subclass 457) Visa. However on the 14th September 2009 there were significant changes to the rules regarding the Subclass 457 (and many other temporary visas), which should be considered before lodging any VISA application.




STUDENT VISAS (depending on the course undertaken may also lead to Permanent Residency)


If your Student VISA Application is successful you are able to work fulltime during vacations or when semester is not in season. During term time student visa holders can work up to twenty (20) hours per week. Family members are also able to apply to work up to twenty hours (20) hours per week, however family members of Masters and PhD students may apply for unrestricted work rights once the primary student has commenced his or her Masters or PhD course.






A review of the MODL is still expected to be completed in late 2009 once again we would suggest that if you have an occupation currently on the MODL of CSL list do not delay in lodging your visa application as Regulation 2.26AA of the Migration Regulations will ensure that applicants who apply for a permanent visa when an occupation is on the MODL (Migration Occupation in Demands), will not be disadvantaged if the occupation is removed from the MODL before the application is finalised.


Please do not hesitate to contact us at [email protected] or Ph: 92660195 to see if you qualify for employer sponsorship, state or territory nomination, priority IELTS testing, decision ready applications, lodgement of spouse applications, or priority through the critical skills list.