We are asked many questions so we have summarised the most frequent here. If you need more information, let us know.
You will need to prove that your English meets the level set for the type of visa you are seeking.
The first step is to work out with of the following 5 levels applies to you:
Superior English: 20 points in the General Skilled Migration (GSM) points test
Proficient English: 10 points in the General Skilled Migration GSM points test
Competent English: threshold requirement for General Skilled Migration and ENS/RSMS Direct Entry
Vocational English: threshold requirement for ENS/RSMS Temporary Residence Transition Stream
Functional English: for secondary applicants (family members etc.) who do not wish to pay an English Language Charge
When do I need to take a test?
While this will vary based on the type of visa you are seeking, most skilled and business migration applications ask you to take an English test at the time they issue your invitation.
NOTE: It can take time to book your test and get the results. Plan to sit your test well before you are likely to be asked for the results.
How long are my test results valid?
The Department of Immigration accepts test results from up to 3 years prior to your application.
NOTE: Tests for Functional English are an exception. You must produce results done no older than 12 months prior to your application
Which English tests are acceptable to the Department of Immigration?
The IELTS test is the most common means of proving your language ability. The Department of Immigration accepts the Academic or General Training versions of the IELTS test. However, some skills assessing bodies require you to sit the Academic version.
You will need to obtain the minimum IELTS score you need in each band of the test (Reading, Writing, Listening, Speaking) in a single sitting.
Medical and allied health practitioners who need to demonstrate proficient and superior English can take the Occupational English Test (OET)
The Pearson Academic Test of English (Pearson PTE) and TOEFL Internet Based Test (TOEFL iBT) are now recognised by most state and territory governments and accepted for all skilled subclasses and some skills assessment bodies.
Since January 2015.The Cambridge Test of English is also acceptable
We can advise you on the levels and types of English testing you need during a comprehensive assessment of your eligibility. We invite you to book an appointment with our business migration specialists.
Before your business can sponsor employees for 482 visas you will need to qualify as a Standard Business Sponsor.
What are the criteria?
To qualify your business must:
have an established structure such as and a company, a trust or a partnership with a registered business name
be financially sound
conduct training activities that meet the Department of Immigration standards
NOTE If your business operates branches outside of Australia they are exempt from this requirement)
How long is my SBS valid?
SBS is generally approved for 5 years except for:
new businesses that have been operating for under 12 months – in this case your SBS and any approved 482 visas are valid for a maximum of 18 months
How many employees can I sponsor?
Establishing your SBS eligibility can be challenging. Especially if your business:
is a recent start-up still to establish a solid financial track record
struggling to document training records
has many established overseas employees
If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our Employer Sponsorship specialists.
If you hold a Business Innovation and Investment Provisional Visa Subclass 188 you have the option to apply for permanent residence under this visa.
Your application type will depend on which provisional visa stream you qualified for originally. This will be either the:
Business Innovation Stream: where you will have established a business in Australia and met government requirements for asset holdings and turnover
OR
Investor Stream: where you will have invested in Australian bonds for 4 years
Applying in Australia or overseas
You can apply via the Internet in Australia or overseas. In general, you must be the primary visa holder for your current subclass 188 Provisional Business Innovation and Investment Visa.
Obtaining State/Territory Nomination
You must be nominated by an Australian State or Territory government to be eligible for this visa.
Applicants must meet the following criteria:
nominated by the state or territory government who nominated you for the subclass 188 visa, unless you have obtained permission to change State or Territory
show that you are committed to maintaining your Australian business or investments
have complied with all Australian Commonwealth, State and Territory laws
Additional standard requirements for Business Innovation Stream applicants
You must have:
owned a business and be intending to establish business operations in Australia
been residing in Australia for at least 1 of the 2 years prior to application
had an ownership interest in an Australian business for the last 2 years
have an ABN and have lodged the required Business Activity Statements (BAS) for the last 2 years
have a business turnover of at least AUD 300,000 for the last 12 months.
NOTE: If you live and run your business in a regional area you may be exempt from this requirement if the relevant State or Territory Government indicates there are exceptional circumstances
The two out of three rule
You must also meet 2 of the following 3 criteria for the 12 months prior to you application. You r business must:
have net assets of at least AUD 200,000
have net personal assets of at least AUD 600,000
employ two full-time equivalent employees who cannot be relatives but must be Australian permanent residents, citizens or NZ passport holders
Additional standard requirements for Investor Stream applicants
You must have:
resided in Australia for at least 2 of the last 4 years
maintained your AUD 1.5 million investment in Australian State or Territory Bonds for a continuous period of 4 years
NOTE: Applying to convert your temporary 188 visa to a permanent residency 888 visa can be complex.
If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our business migration specialists.
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We consult with our overseas and Australian clients by phone or Skype. These consultations provide the exact same value as a face-to-face meeting.
Book a phone or Skype consultation now.
We can arrange a conference call with you and your sponsor and/or additional phone calls. Where practical we can also arrange to visit your sponsor’s business. We will never take on a case until we’ve established it has a significant chance of succeeding.
Uncertain about your chances of success? We can help to clarify them
We operate locally and internationally in multiple languages and diverse cultures with one single aim – to find your ultimate immigration solution.
Our teams of skilled migration agents are also industry experts who know your business. They can advise and guide you as you build a successful career or a new enterprise in Australia.
We’re experts in immigration law and systems. In almost 20 years of experience on three continents, we’ve steered thousands of complex immigration cases to successful outcomes.
Finally, but perhaps most importantly, we put people first. We’ll support you through the stress that surrounds the exciting and uncertain process of starting your immigration adventure.
Experience the HMS difference now.
The 8107 Work Condition covers employment conditions for approved 482 visa holders.
This rule says that as a 482 holder you:
can only work for your nominating employer in the occupation listed on your nomination
must commence work within 90 days of arriving in Australia to avoid breaching condition 8107.
NOTE: If you need registration or a license to work in your occupation in Australia, you must arrange this before you start work.
If you end your employment you have 90 days before you risk cancellation of your visa
Are there any exceptions to the rule?
The 8107 Work Condition is not applied if you are:
employed as a general manager or medical practitioner
need to serve out a notice period with a previous employer
are an “associated entity” of the sponsor – this status covers subsidiaries, parents and sibling companies
Is there a process for changing jobs without applying for a new 482 visa?
Yes – here’s how it works.
ABC Company employed you on a 482 visa. However you have found a new job with Company XYZ:
Company XYZ applies to nominate you
Once the nomination is approved, you can work for Company XYZ without needing to apply for a new 482
NOTE: Once your new nomination is approved you can give notice to Company ABC and work for the agreed notice period before moving to Company XYZ.
It’s important not to give notice too soon in case your new nomination takes some time to finalise. Be careful not to risk breaching the 90 day limitation for being out of work.
Business Talent (Migrant) visas are permanent residence visas available to two types of applicants:
People with ownership interests in large businesses ( Significant Business History Stream)
People with access to venture capital funding of at least AUD 1 million (Venture Capital Entrepreneur Stream)
Applying in Australia or Overseas
You can lodge an application in Australia or overseas using the online SkillSelect system.
If you apply from Australia, you must already hold a substantive visa or a Bridging A, B or C visa.
Obtaining State/Territory Nomination
You must be nominated by an Australian State or Territory government to be eligible for this visa.
Applicants must meet the following essential criteria:
be nominated by a state or territory government
be Invited to apply through SkillSelect
have demonstrated a genuine and realistic commitment after entry into Australia to either:
establish a new business
participate in an existing business
maintain substantial ownership interest
be involved in the day-to-day management of the business
Criteria for the Significant Business History Stream
You need to be
under 55 years of age, unless the nominating state or territory government certifies that the proposed business activity will make an of exceptional economic contribution
have had :
net assets in business of at least AUD 400,000; or
10% ownership of the business if it is a publicly listed company.
the business had an annual turnover of at least AUD 3 million for 2 of the last 4 fiscal years
have net assets of at least AUD 1.5 million.
Criteria for the Venture Capital Entrepreneur Stream
You must have a venture capital funding agreement of at least AUD 1 million through an Australian company who is a member of the Australian Venture Capital Association Limited (AVCAL).
NOTE: Business immigration can be complex on many levels and you may qualify under a number of different categories
If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our business migration specialists.
Business Innovation & Investment Subclass 188 is 4-year temporary visa for investors and business owners who wish to establish businesses in Australia.
Duration and Conditions
Once you have held an Australian investment for 4 years or own all or part of an Australian business, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa.
You can also apply for a 2-year extension after you have held the subclass 188 visa for 3 years to give temporary immigration status for 6 years from the date of grant of your original visa.
Applying in Australia or Overseas
You can lodge an application in Australia or overseas using the online SkillSelect system.
If you apply from Australia, you must already hold a substantive visa or a Bridging A, B or C visa.
Obtaining State/Territory Nomination
You must be nominated by an Australian State or Territory government to be eligible for this visa.
Applicants must meet the following criteria:
Nominated by a state or territory government
Invited to apply through SkillSelect
Be under 55 years of age, unless the nominating state or territory certifies that you will make an exceptional economic contribution
Meet the pass mark in the Business Innovation and Investment Points test (currently 65)
Have evidence of a successful career in business or investment
Business Innovation Stream Requirements
If you are applying through the Business Innovation Stream, you will need to have owned a business and plan to establish business operations in Australia. You will need to show:
Ownership of a business with a turnover of at least AUD 500,000 for 2 of the last 4 fiscal years.
Net personal and business assets of at least AUD 800,000
Investor Stream Requirements
You will need to show that you have
managed investments or owned a business and are
are willing to invest AUD 1.5 million in Australian State or Territory Government bonds
have showed a high level of management skill over 3 years of managing a qualifying business or “eligible investments”
had business and personal net assets of at least AUD 2.25 million for the last 2 fiscal years
can make an investment of AUD 1.5 million in Australian State or
have for at least 1 of the last 5 fiscal years either:
Managed a business in which you hold a 10% shareholding
Managed “eligible investments” of at least AUD 1.5 million
It is possible to be eligible for several visa types. Depending on your situation and immigration goals, you may qualify for a number of visas including, Employer Sponsorship, General Skilled or Business Migration or Student visas.
We can assess your options and advise you on your most appropriate immigration pathway. We’ll support you through every step of this a complex process.
Book a consultation with one of our skilled migration agents.
We’ll make sure you are fully informed about your most appropriate visa options and the process for applying for them. During this consultation we’ll:
discuss your immigration goals and your personal circumstances in detail
advise you on the visa applications that most closely match your goals
outline the application process including timelines and documents required
provide a written copy of our advice