Temporary Residence
 

    

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Temporary Residence

To help when considering your interest in coming to Australia to take up temporary residence .... avenues available:

BUSINESS AND WORK

Annually about 143,000 people are issued with temporary resident visas to work in Australia.  Many of these extend for up to 4 years and further temporary visas may be applied for.  Over half of these are for skill/business reasons...the economic stream. a very large proportion of these are the Business (Long Stay) Visa. It is referred to widely as the "457 visa". The thrust of this visa is to allow employers to access skilled labour to meet their immediate needs.

Latest News!  There are considerable reforms planned for the Business (Long Stay) Visa. Language requirements have been introduced already for the tradesperson occupations. Contact Hallmark Immigration for assistance. There are emerging reforms concerning the ability of companies on-hiring labour B2B.  

With employer sponsorship, temporary visas up to 4 years may be arranged where the sponsor has already made a successful application to the Dept of Immigration to sponsor an employee to Australia. When that is in place the intended employee, with any partner and dependent children, can apply for up to 4years temporary residence.

The employer in this process makes an application to become an approved sponsor, outlining the business need for sourcing an employee from overseas. The employer also needs to demonstrate that it has training programs in place for employees and recruits already in Australia, and that there is still a need to source overseas. The ability to sponsor 4 year contracts will also be dependent on the strength and business plan of the sponsor.

But these arrangements are restricted to a gazetted range of occupations (more extensive than the skilled occupation list used for permanent visas)  where employment is in the capital cities of Australia and areas such as the Gold Coast. Outside these areas employers can ask for approval for a much larger range of skilled occupations.

In addition the employers need to demonstrate a salary is to be paid commensurate with the skill. The baseline for this is currently $A41,850 plus 9% superannuation. For IT professionals the base line is higher at $A57,300 plus 9% superannuation. NEWS! A recent Press Release of the Minister foreshadows a change in August 2008 to Minimum Salary Levels of $43440 and $59480 respectively.  

Employers undertake to ensure medical insurance cover is obtained by the employee sponsored and also ensure that any liabilities of the employee to the government are met. Arrangements are audited (monitored) by the Department of Immigration.

These visas can be qualifying visas for Employer Nominations for permanent residence as early as 1 year later (with occupational assessment) or after 2 or 3 years. 

Overseas based employers can also nominate employees to enter and set up Australian branch or subsidiary operations.   

Special Note: HALLMARK IMMIGRATION can assist the sponsoring employer compile the case for sponsorship necessity having regard to the business plan and staff shortage. Any applicant for visa in response to the nomination can also be provided with assistance, navigating a pathway where any variations in interest, private or not, between the sponsor and the employer can emerge. The advice and assistance on the obligations on the sponsor and the type of submission  required to become a standard sponsor can be provided by Hallmark. Hallmark Immigration can where appropriate lodge electronically and assist both applicant and sponsors in this process.

STUDY

Students from overseas have a streamlined well-defined process to obtain a temporary visa for full time study at a course on the Australian Government's CRICOS register. About 325,000 students are issued visas each year with a validity permitting them to a course of study over many years or a package of courses (primary, secondary, tertiary, post graduate study).

 Only when detailed prerequisites are met, such as:

bulletgood character,
bulletsound health,
bullethealth insurance,
bulletfinancial capacity for course fees/ travel/ living costs,
bulletacceptable sources of funding
bulletsatisfactory guardianship has been organized for young applicants and
bulletthen successful enrolment in a registered course,

a visa application can be made, and can include any partner, dependent children (schooling must be arranged) or parents.

There are specific requirements for:

bulletELICOS (English Language Intensive Courses for Overseas Students)
bulletSchools (Primary and Secondary)
bulletVET (Vocational Education and Training)
bulletHigher Education (Batchelor Degrees, Graduate Certificates/Diplomas & Coursework Masters)
bulletMasters (by thesis/research) or Doctorate
bulletNon Award Foundation or Other Courses

Visa holders and their families in some cases have permission to work. The restriction for students is to 20 hours per week during the course sessions and unrestricted during vacations. For visa holders undertaking masters degrees and above, their spouses and family may work unrestricted in Australia. Visa holders must make satisfactory progress in their course and maintain good attendance to keep their visa.

A Guardian Visa can be made available to accompany the student visa. This is the case where students are primary or secondary school age. It is also available where cultural preferences would favour a chaperone or other arrangement. Guardians could rotate on the visa, one person at a time but not always the same person. Guardians are not permitted to work in Australia.   

At the conclusion of the studies students generally have 28 days remaining to tour Australia before expiry of the student visa. Some student visa holders may be in a position to apply for permanent residence, in the Skilled Stream, if this is done immediately on completion of their course of study and before graduation.

Special Note:  Again advice from Hallmark Immigration may assist students and their families with precision in making their application efficiently for a visa and to optimise options they have downstream. This is particularly so with the choice of the course, choice of education provider and the subsequent "fit" for eligibility in assessment for a skilled occupation to support later application for permanent residence. Strategies established "up front" can save years down the line in many cases.  The strategy during the course of study needs regular review of its viability and any need for change. Hallmark Immigration can also advise on matters related to official "Notices of Intention to Consider Cancellation" of a student visa.

 

MANY OTHER SPECIFIC CATEGORIES

Temporary categories, about 20000 grants per annum, characterised as under the social/cultural stream or international relations stream are many and include:

bulletSportsmen
bulletEntertainers
bulletAcademics
bulletFilm Crews
bulletOccupational Trainees
bulletProfessional Development (for offshore companies sending staff)

Advice from Hallmark Immigration can assist taking up temporary residence with families by making their visa application precisely and efficiently,optimising options downstream.

 

 

Copyright © 2003-2008 Hallmark Immigration
Last modified: 04/19/08