Migration Law

Work and Travel Visa

Working Holiday subclass 417

This visa is for those aged between 18 and 31  who wish  to holiday and work in Australia for up to a year.

First Working Holiday visa: You must be outside Australia when you apply for your first Working Holiday visa and when the visa is decided. 

Second Working Holiday visa: If you apply in Australia, you must be in Australia when the visa is granted. If you apply outside Australia, you must be outside Australia when the visa is granted.

Working in Australia –six months with one employer: You can generally only work six months with one employer.

Who can apply for Working Holiday Visa Subclass 417?

If you are between the ages of 18 and 31 and want to have a holiday and work in Australia for up to a year, then the Working Holiday Visa Subclass 417 is for you. A 417 visa is a useful entry pathway for other Australian visas as it provides younger people with the opportunity to find and/or gain work experience in Australia.

Once you have held a Working Holiday visa for a year the Department may grant you a second Working Holiday visa, provided you meet the second wave’s requirements and are still under the age of 31. Each is temporary in nature and serves to encourage cultural exchange between different nations, as well as crate closer ties with the international community.

 

Eligibility:

To qualify for 417 visa, you must demonstrate the following attributes:

  • be between the ages of 18 and 31
  • hold a valid passport from a country that is involved in the Australian Working Holiday Program
  • have not held a Work and Holiday (Temporary) Visa subclass 462
  • Be able to show that you are travelling to or remaining in Australia as a genuine visitor.
  • Do not have any dependent children who will be accompanying you whilst you stay in Australia
  • Meet certain health and character requirements
  • Have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare), unless your country has a reciprocal health care agreement with Australia
  • Have no outstanding debts to the Australian Government

Visitor visas

Visitor – subclasses 600; 601 and 651

You can apply for a visitors visa if you wish to visit Australia for a holiday,  visit  family and friends, or to conduct a short business trip.

There are three types of Australian visitor visas, however, your country of origin will determine which visa you can apply for. These include:

  1. Visitor visa subclass 600

This visa is designed for people travelling to Australia for up to either, three, six or 12 months, or people visiting Australia for business  purposes. There are five different streams available to applicants ( tourist visa, business visitor, frequent traveller visa, sponsored family visa, and approved destination status).

If you are on a tour with a registered travel agent from the People’s Republic of China, you will also be eligible to apply for this visa.

  1. Electronic Travel Authority visa subclass 601

This visa allows you to visit as a tourist or to visit for business purposes as often as you wish, and stay for up to three months each time you visit Australia, within a year. Only certain passport holders of certain countries can apply for this visa, and to be eligible you will need to be outside of Australia upon application.

3. eVisitor subclass 651

This visa enables to you to visit Australia for three months at a time within a 12-month period as a tourist or business visitor only. This is a free visa,  however only eVisitor passport holders of certain countries can apply for this visa and to be eligible you will need to be outside of Australia upon application.

 

Eligibility

To qualify for a Tourist Visitor visa you must satisfy the following:

  • be able to show that you are travelling to, or remaining in Australia as a genuine visitor
  • you must have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia
  • if you are applying in Australia, you must be in Australia when the visa is decided
  • If you are applying outside of Australia, you must be outside when the visa is decided on.

Before applying for an eVisitor visa, ensure you satisfy the following requirements:

  • Have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia
  • Declare any criminal convictions and have no outstanding debts to the Australian Government
  • Have the intention to visit Australia only for a temporary period on the basis of a tourist or business visitor activities
  • Be outside of Australia when you apply
  • Do not have tuberculosis
  • Meet certain health requirements

All partner and Spouse visas

Requirements for a Spouse Visa - Onshore and Offshore

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

Your sponsor must:

  • be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • be 18 years old or older
  • not have a relevant offence and a significant criminal record

If your partner in Australia is under 18 and you are married to them, your partner’s parent or guardian might be able to sponsor you if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Australian permanent residents or eligible New Zealand citizen sponsors must usually live in Australia.Eligible New Zealand citizen sponsors might also need to have a health check.

Sponsor Obligations

For two years after your partner is granted their Partner visa (subclass 820), you must help them and their children by providing:

  • accommodation
  • financial assistance, including English language courses, if needed
  • other support such as child care, if needed
Prospective marriage visa (provisional) subclass 300

The Prospective marriage visa is also known as fiancé visa, which allows people to come to Australia to marry their prospective spouse within a 9 month validity period.

The requirement for prospective marriage visa (subclass 300) requires that your fiancé must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. This visa must be applied for offshore.

This visa is a temporary visa and is the first step in applying for permanent residency in Australia. Your visa application must be lodged offshore and you will need to be outside of Australia when it  is granted.

 

Eligibility

To be eligible for this visa, you must:

  • intend to marry your prospective spouse
  • have met and known your prospective spouse
  • be at least 18 years of age
  • You and your fiancé must meet a set of relationship criteria:
  • you personally know and have met each other physically since turning 18
  • Not related
  • Are engaged to marry each other
  • Intend to, and will marry each other within the visa’s nine month validity period
  • Intend to live in a genuine spousal relation as husband and wife
  • Not married to anyone else at the time a decision regarding your visa application is made
  • Meet Australian health and character requirements
  • Have no outstanding debts to the Australian Government

 

Sponsor

A sponsor must:

  • Be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Be 18 years old or older
  • meet character requirement

If you are under 18 and you are married to the applicant, your parent or guardian might be able to sponsor your partner if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Australian permanent residents or an eligible New Zealand citizen sponsor must usually live in Australia. If a New Zealand citizen is not eligible to be a sponsor, consider a New Zealand citizen Family Relationship visa (subclass 461)

Sponsor Obligations

As a sponsor, you accept responsivity for:

  • money that your prospective spouse owes the Australian government
  • your prospective spouse obligations to their employment in Australia
  • your prospective spouse compliance with the conditions of their visa
New Zealand Citizen Family Relationship (Temporary) subclass 461

This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years.

This visa is for de facto spouses and children of a New Zealand citizen who wishes to live and work in Australia. The visa provides applicants to have full work and travel rights for up to five years and is renewable upon its expiration.

 

Eligibility

To qualify for this visa, you must:

  • not be a New Zealand citizen
  • be an eligible family member of a New Zealand citizen
  • be an eligible family member of someone living in Australia on a Special Category visa (subclass 444) or be travelling to Australia with a family member who will be granted a Special Category visa (subclass 444) on arrival
  • you and all your family members included on your application meet the certain health and character requirements
  • have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia
  • have no outstanding debts to the Australian Government

You must be related to the New Zealand citizen as one of the following:

  • their partner
  • their child/step-child or their partner’s child/step-child
  • the dependent child of you or your partner’s child/step-child
Partner visa subclasses 820/801 and 100 309

The Partner visas (subclass 820 and 801) allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

As a part of two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa. Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.

First stage of the Partner visa process

Subclass 820

The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.  In order to apply for an 820 visa, you must be in Australia when you are applying for this visa. If you are outside Australia, you may be able to apply for the Partner Visa Subclass 309 visa which has similar requirements to the onshore visas described here

 

Eligibility

To qualify for this visa, you must be married or in a de facto relationship with:

  • an Australian citizen
  • an eligible New Zealand citizen

Your marriage must be valid under Australia law. This means you must have parental permission if you are 16 or 17 years of age.  If you were married outside of Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law. Non-recognised marriages in Australia would include  underage or polygamous marriages.

If you are in a de facto relationship you must demonstrate that your de facto relationship has existed for at least 12 months before applying for the visa. You must have been in a de facto relationship for at least 12 months

Note: Same-sex couples can apply under this subclass and use the same criteria

If you are in either a marital or de facto relationship, you must show a mutual commitment to a shared life as husband and wife ( or as de facto partners), to the exclusion of all others:

  • You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
  • You must have a genuine and continuing relationship with your partner; and
  • You must comply with certain health and character requirements

 

Second stage of the Partner visa process

Once you have secured your 820 or 309 visas, you will then be able to apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must continue to be a spousal or de facto relationship, unless you are subjected to special circumstances, which resulted in your relationship ending. In addition to this, you must have complied with all Australian laws while were on your temporary visa.

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All Family Visas

The Australian Family migration streams offers a range of visas for eligible Australian relatives to chose from. These include; provisional and aged parents visas, remaining relatives visas, aged dependant relatives visa, contributory parent and aged parent visas, and child visas.

Each of the visas listed above provide applicants with the opportunity to be reunited with their international family members, provided they are a close family relative who meets the eligibility criteria sponsors them.

Parent visas - Subclass 103

This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently. There can be long waiting times of up to 30 years for this visa.

Eligibility

To be qualified and gain permanent residency through the 103 visa, you will need to meet the following requirements:

  • have eligible sponsor who is willing to provide support for at least two years
  • be eligible to obtain a two year Assurance Support- a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa
  • meet the health and character requirements
  • meet the balance-of-family test by having:
  • at least half of your children residing permanently in Australia; or
  • the majority of your children residing permanently in Australia.

Balance-of-Family Test

You must meet the balance –of-family test. This means that:

  • At least half of your live permanently in Australia
  • More of your children live permanently in Australia than in any other country.

Sponsor

This visa parent subclass 103 is a sponsorship-based visa, which means that applicants must be sponsored by their child, or spouse of one of their children. It is preferred that your sponsor is above the age of 18 and is a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, however, there are circumstances where a child under the age of 18 can be applicant’s sponsor.

Other Options for Sponsorship

The government also allows community organisations to sponsor the applicant’s application if:

  • Your child and the organisation has a relationship
  • The senior representative of the organisation agrees to sponsor you
  • The organisation is lawfully established in Australia
  • The organisation has been operating in Australia for at least one year
  • The organisation is financially stable
Child visa 101

For children who have a parent who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, are able to live in Australia permanently on a Child Visa subclass 101 or 801.

Each of these visas are the same, they allow a child of an eligible parent sponsor to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on-101 visa is for offshore applicants and 802 are for onshore.

 

Eligibility

To qualify for either a 101 or 802 visa, you must meet the following criteria:

  • Have an eligible single sponsor
  • Be single
  • Meet certain health requirements, and if over the age of 1 6, meet certain character requirements.

Upon granting the visa to a child under the age of 18, the Department will consider whether this visa is in the best interests of the child

Child’s relationship with the Sponsor

The child must be the biological child or adopted child of the sponsoring parent; a step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.

An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.

 

Best interests of the Child

This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.

 

Sponsorship

Contrary to other parent visas, applicants can only be sponsored by an eligible parent. To be considered an eligible parent, they must be the parent (or their partner), or step-parent of the child, be over the age of 18, and be a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

The Department also allows step-parents who are no longer the partner of the child’s parent but have a legal responsibility to the care of the child who is under 18 to become a sponsor of the child. Additionally, adoptive parents who adopted the child before they became an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, are also permitted to become a sponsor of the child.

Aged Dependant Relative visa 114/839

If one of your near relatives are residing in Australia permanently and are old enough to receive the Australian aged pension, you may be able to apply for an Aged Remaining Relative Visa.

This visa is for allow an older person to migrate to Australia if they rely on an eligible relative in Australia to provide financial support.

Eligibility:

To qualify for this visa, you must be sponsored by a relative or their partner who lives in Australia; do not have a spouse or de facto partner; meet the dependency requirements; meet the age requirements; have someone who will provide an assurance of support; and meet health and character requirements.

Each of these visas are similar terms of that they both enable a person whose only near relative is living in Australia to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on -114 visas is for offshore applicants and 838 is for onshore.

These visas are sponsorship based and are designed for single, older applicants, who are dependent upon a relative living in Australia to provide them with financial support and care.

Please note that you should not apply for this visa unless you strongly believe you are likely to be successful, because the visa application charge will not usually be refunded if your application is refused or withdrawn.

Your Sponsor in Australia

You must be sponsored by the relative on whom you are financially dependent; and who has provided this support for at least the three years before you lodge your application. Their partner can also be your sponsor.

Your sponsoring relative or their partner must be:

  • 18 years of age or older
  • settled in Australia as:
  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen
Contributory Parent (permanent) visa subclass 143

This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently.

Please note that you can apply for Contributory Parent (Temporary) visa (subclass 173) before this visa. Applying for the temporary visa and then this permanent visa costs more but the costs are spread across the two visas over a longer period of time.

You could also apply for a Parent visa (subclass 103). The subclass 103 visa costs less than visa subclass 143, but there can be long waiting times of up to 30 years.

There are circumstances in which the Government also allows community organisations to sponsor an applicant of visa subclass 143 provided:

  • They child and the organisation have a relationship
  • The senior representative of the organisation agrees wot sponsor the applicant
  • The organisation is lawfully established in Australia (e.g. Access Community Services)
  • The organisation has been operating in Australia for at least one year
  • The organisation is financially stable

Eligibility

To qualify for Contributory Parent visa subclass 143, you must be the parent of a child who is settled in Australia and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

It is a requirement to get sponsored by an eligible sponsor. Generally, your child will sponsor you. If your child is under 18 years of age you may also be sponsored by your child’s spouse, a close family relative or guardian of your child, a close family relative or guardian of your child’s spouse or a community organisation.

You must have a commitment by a person prepared to provide you with an Assurance of Support.

Contributory Parent (Temporary) visa subclass 173

This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily If you are granted this visa and want to stay in Australia permanently, you can then apply for a Contributory Parent visa (subclass 143). Applying for this temporary subclass 173 visa before the permanent subclass 143 visa allows you to spread the costs of your migration over a number of years. Eligibility You must have a child who is an Australian citizen, permanent or an eligible New Zealand citizen. At least half of your children must live in Australia or more of your children live in Australia than any other country.  You must also meet the health and character requirements. Sponsor You must be sponsored generally by your child who must be 18 years old or older; a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. The Government also allows community organisations to sponsor your application provided:

  • Your child and the organisation has a relationship
  • The senior representative of the organisation agrees to sponsor you
  • The organisation is lawfully established in Australia
  • The organisation has been operating in Australia for at least one year
  • The organisation is financially stable
Australian Aged Parent (Permanent) visa subclass 804

This visa allows parents of a settled Australian citizen permanent resident or eligible New Zealand citizen to  live in Australia permanently.

There can be long waiting times of up to 30 years for this visa.

Eligibility

You must:

  • Have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • Be old enough to receive the Australian aged pension
  • At least half of your children must live in Australia or more of your children live in Australia than any other country.
  • Meet the health and character requirements

Sponsor

Applicants must be sponsored their child, or spouse of one of their children. It is preferred that your sponsor is above the age of 18 and is a settled Australian citizen, an Australia permanent resident, or an eligible New Zealand citizen. Nevertheless, there are circumstances where a child under the age of 18 can be your sponsor.

The Government also allows community organisations to sponsor your application provided:

  • Your child and the organisation has a relationship
  • The senior representative of the organisation agrees to sponsor you
  • The organisation is lawfully established in Australia
  • The organisation has been operating in Australia for a at least one year
  • The organisation is financially stable.

Balance-of-family test

You must meet the balance-of-family test. This means that at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any one other country.

Contributory Aged Parent (permanent) visa subclass 864

This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently.  You could apply for the Contributory Aged Parent (Temporary) visa (subclass 884) before this visa.

Applying for the temporary visa and then this permanent visa costs more but the costs are spread across the two visas over a longer period of time.

You could also apply for an Aged Parent visa (subclass 804). The subclass 804 visa costs less than this visa but there can be long waiting times of up to 30 years.

Eligibility

You must:

  • have a child who is an Australian citizen, permanent resident or an eligible New Zealand citizen
  • be old enough to receive the Australian aged pension

At least half of your children must live in Australia or more of your children live in Australia than any other country.

Additional Eligibility- If you do not hold a Contributory Aged Parent (Temporary) visa (subclass 884)

Please note that you do not need to meet these additional eligibility requirements if:

  • You currently hold a Contributory Aged Parent (Temporary) visa (subclass)
  • Your Contributory Aged Parent (Temporary) visa (subclass 884) ended in the 28 days immediately before you apply for this visa.
  • Your subclass 884 visas ended more than 28 days before you apply for this visa but you can show compassionate and compelling reasons to be considered to still hold the visa.

Balance-of-family test

You must meet the balance-of-family test. This means that you at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any one other country.

Sponsor

You must be sponsored. Generally, this will be your child who must be:

  • 18 years old or older
  • a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen

A sponsor can sponsor more than one parent for this visa and the sponsors must meet the financial and other responsibilities.

The Government also allows community organisations to sponsor your application if:

  • Your child and the organisation has a relationship
  • The senior representative of the organisation agrees to sponsor you
  • The organisation is lawfully established in Australia
  • The organisation has been operating in Australia for at least one year
  • The organisation is financially stable
Contributory Aged Parent (Temporary) visa subclass 884

This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily.

If you are granted this visa and want to stay in Australia permanently, you can then apply for a Contributory Aged Parent visa (subclass 864).

Applying for this temporary subclass 884 visa before the permanent subclass 864 visa allows you spread the costs of your migration over a number of years.

The visa subclass 884 has a shorter processing time and no Assurance of Support is imperative.

If you are granted this visa, you may be able to apply for the Contributory Aged Parent visa (Permanent) Subclass 864 if you meet the relevant criteria.

Eligibility

You must:

  • Have a child who is an Australian citizen, permanent resident or an eligible New Zealand citizen
  • Be old enough to receive the Australian aged pension
  • Meet the health and character requirement

At least half of your children must live in Australia or more of your children live in Australian than any other country.

Sponsor

You must be sponsored by your child who must be 18 years old or older or a settled Australian citizen, Australian permanent r eligible New Zealand citizen.

The Government further permits community organisations to sponsor your application if:

  • Your child and the organisation have a relationship
  • The senior representative of the organisation agrees to sponsor you
  • The organisation is lawfully established in Australia
  • The organisation has been operating in Australia for at least one year
  • The organisation is financially stable

Balance-of-family test

You must meet the balance-of-family test. This can be either at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any other country.

Skilled Visas

This visa is suitable for people who are well qualified with work experience in their field. It aims to meet Australia’s skills shortages and gives successful application permanent residence. This visa is appropriate for applicants who have a university qualification or trade qualifications.

Skilled Independent visa (subclass 189) (Point-tested) Stream

The Skilled Independent visa subclass 189 is a permanent residence visa for skilled workers who want to work and live in Australia, in an occupation on the Skilled Occupation Lists (SOL).

Visa applicants can be in or outside of Australia upon application, when the visa is granted. This visa is only open to applicants upon receiving an invitation by the Department of Home Affairs once an Expression of Interest has been lodged.

This Skilled visa stream is for Points-tested skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

It allows you to live and work in Australia as a permanent resident. For the Skilled Independent (Pointed-tested) stream you need to submit an expression of interest. If you are a New Zealand citizen you may also be eligible to apply for the Skilled Independent visa (subclass 189) (New Zealand) stream.

Eligibility

To be eligible for Skilled Independent visa subclass 189, you must:

  • Have a relevant occupation
  • Have a suitable skills assessment for the occupation

Points are awarded in the following categories:

  • Age
  • English language ability
  • Previous Australian and Overseas skilled work experience
  • International qualifications
  • Australian study requirements and awards
  • Credentialed community language qualifications
  • Regional Australian Study
  • Spouse Skill qualifications
  • Professional year in Australia
Skilled Nomination 190

This visa allows skilled workers who are nominated by an Australian state or territory government to  live and work in Australia as a permanent resident.

This sponsored skilled visa allows skilled workers who do not meet the point test for the skilled Independent Visa, to apply for permanent residency through state and territory nomination.

The permanent sponsored skilled visa category is assessed against the applicant’s skills and requires the nomination from a state or territory.

Eligibility

To be eligible for this via, you must:

  • Have a relevant occupation
  • Have a suitable skills assessment for the occupation

Points are warded in the following categories:

  • Age
  • English
  • Australia and Overseas Work Experience
  • Australia study
  • Qualifications
  • Community Language
  • Regional Australian Study
  • Spouse Skills
  • State Sponsorship Points
  • Professional Year
  • Meet the points test pass of 60 points
  • Be under 45 years of age at time of invitation
  • Have Competent English
  • Be invited by the Department of Homes Affairs to apply

Meet the health and character requirements

Temporary Graduate visa (subclass 485)

A Temporary Graduate Visa allows international students who have recently graduated from an Australian education institution to live, work and study in Australia temporarily after completing their studies.

Students are to access the Temporary Graduate visa (subclass 485) once as a primary applicant.

This visa has two streams:

  1. Graduate Work Stream

The Graduate Work stream of the Temporary Graduate visa is for international students who have recently graduated with skills and qualifications that relate to an occupation identified as being in need in the medium to long term in the Australian labour market.

  1. Post-Study Work Stream

The Post-Study Work stream is for international students who have recently graduated with an eligible qualification from an Australian educational institution, regardless of their field of study.

If you are applying as the main applicant, you and any dependant person by the application must be in Australia when you apply for this visa and when your visa is decided.

Eligibility

To be eligible for this visa, you must meet the following:

  • Be under 50 years of age
  • Hold an eligible visa
  • Have a recent qualified in a CRICOS-registered course
  • Meet additional requirements of the relevant stream
  • Meet the health and character requirements
  • Have Australian health insurance such as Medicare

The qualification must either:

  • relate to an occupation on the skilled occupation list (Graduate Work Stream)
  • be a higher education degree (Post-Study Work stream)

This visa allows you and your family to stay in Australia temporary after you have finished your studies. While in Australia, you can:

  • Travel
  • Work
  • Study

It is imperative to note that it is your responsibility to seek your own employment. The Australian government is not responsible for arranging employment.

Skilled Regional (provisional) -489

The Skilled Regional visa is a temporary visa that provides three pathways for skilled workers who want to work and live in a  regional or low population growth metropolitan area of Australia for up to four years.

There are three pathways to this visa:

  1. The extended stay pathway
  2. The invited pathway
  3. The Subsequent entry pathway

This visa might  lead to the permanent skilled regional visa (subclass 887)

Eligibility

To be eligible for this visa category you must:

  • Hold a subclass 475, 487, 495 or 496 visa (Extended Stay pathway)
  • Be nominated by a state or territory government agency or be sponsored by an eligible relative (invited pathway)
  • Be invited to apply (invited Pathway)
  • Have a relevant occupation
  • Have a suitable skills assessment for the occupation
  • Meet the points test pass mark of 60 points
  • Be under 45 years of age at time of invitation
  • Have Competent English

All Employer Sponsored Visas

Temporary Skill Shortage visa (subclass 482)

This visa known as TSS visa, enables employers to address labour shortage by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian.

It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority. TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:

  1. The Short-Term Stream

This particular stream is available if your employer wishes to sponsor the applicant (as an overseas skilled worker) on a temporary basis only in occupation listed on the Short-term Skilled Occupation list (STSOL) for a TSS visa. It can be used to fill position for a maximum of:

  • Two years or
  • Four years if an International Trade Obligation (ITO) applies.
  1. The Medium- Term stream

This visa stream is available provided your employer wishes to sponsor you (as an overseas skilled worker) for a period of up to four years in occupations listed on the Medium and Long –term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for a TSS visa.

  1. The Labour Agreement stream

This visa stream is available provided your employer wishes to sponsor you (as an overseas worker and has entered into a labour agreement with the Department.

Eligibility- All Streams

You might be able to get this visa, as an overseas worker, if you:

  • Have been nominated for a position by an approved sponsor and that nomination has been approved
  • Meet any required skills and qualifications requirements including completing any skills assessments required
  • Meet English language requirements
  • If in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
  • Meet health and character requirements
  • Meet the requirements of the stream in which you apply.

Before you can apply for a TSS visa, your proposed employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved sponsor or have at least lodged an application to become a standard business sponsor.

TSS visa involves a three-step process:

Step 1: a sponsorship application by the employer

Sponsor

Prior to applying for a TSS visa, your proposed employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved sponsor or have at least lodged an application to become a standard business sponsor.

Step 2: a nomination application for a skilled position by the employer

Step 3: a visa application by the proposed employee.

Please note that it is mandatory for the three steps above to be completed in order. You do not, however, have to wait for each application to be approved to move onto the next step.

This visa permits you to travel to and from Australia for the duration of your visa and:

  • If you are the primary visa holder, to work in Australia for an approved sponsor in your nominated occupation
  • If you are a family member, to work and study in Australia.
Employer Nomination Scheme visa subclass 186

This visa is a permanent residence visa for skilled workers. It allows you to work in Australia under one of three streams:

  1. Temporary Residence Transition stream

The Temporary Residence Transition stream may be available provided your employer wishes to sponsor you for permanent residence.

To be eligible for under this stream you must hold either of the following:

  • Temporary Skill Shortage (TSS) visa (subclass 482)- in the medium –term stream unless transitional arrangements apply
  • Temporary Work (Skilled) visa (subclass 457) –not granted under labour agreement arrangement or
  • Related associated Bridging visa

and have worked for your employer full-time in Australia on your TSS and/or subclass 457 visa (s) for at least:

  • Three out of the previous four years (before the nomination is made) in the same position that they have nominated you for or
  • Two out of the previous three years before the nomination is made, if transitional arrangements apply because you either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017.
  1. Direct Entry stream

This visa stream is designed for applicants who do not meet the requirements under the TRT stream (for example, because you have never, or only briefly worked in Australia), this stream may then be available if your employer still wishes to sponsor you for permanent residence.

  1. Labour Agreement stream

This stream may be available if your employer wishes to sponsor you for permanent residence and has entered into a labour agreement with the Department that provides for a permanent residence pathway.

Eligibility –All Streams

To qualify for any of the above visa streams you must:

  • Have been nominated by an Australian employer and this nominated has been approved within the six months before you apply
  • Are under the age of 45 at the time application
  • At the tie of application, have the required skills and qualification for the position you have been nominated for- include holding (or being eligible for) any mandatory registration, licence or professional membership
  • At the time of lodgement, have appropriate English skills
  • Meet health and character requirements
  • Meet the requirements of the stream in which you apply

Nomination

Applicant can apply for this visa only after their employer in Australia has nominated them. Subsequently, application must lodge their application within six months of the nomination being approved.

It is mandatory for the all the applicants to apply for the visa in the stream and occupation in which their employer nominated them, or their application could be refused.

The nominated position must meet the following requirements:

  • Be full-time, ongoing and available for at least 2 years
  • Provide working conditions that are no less favourable than provided for under the relevant Australia legislation and awards
  • Be a highly skilled occupation that is on the Consolidated Sponsored Occupation List (CSOL) and it must meet the minimum salary level for ENS.

This visa streams allows a primary applicant and any member of their family unit who has also been granted this visa to:

  • Stay in Australia indefinitely
  • Work and study in Australia
  • Enrol in Medicare, Australia’s scheme for health –related care and expenses
  • Apply for Australian citizenship (if you are eligible)
  • Sponsor eligible relatives for permanent residence
  • Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).
Regional Sponsored Migration Scheme 187

This visa is a permanent visa for skilled workers who want to work in regional Australia. The Regional Sponsor Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees who are from overseas for a permanent visa to work in Australia.

It allows you to work in Australia under one or f the two streams:

  1. The Temporary Residence Transition stream
  • If you have already worked for your nominated employer for two years in Australia, your skills do not need to be assessed
  • You must have at least vocational English. No Regional Certification is required for this stream
  • This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.
  1. The Direct Entry stream

A regional certifying body must first certify the nominated position against the following criteria:

  • The Business must be actively and lawfully operating in Regional Australia
  • The position must be available for a minimum of two (2) years
  • The business requires a person for the nominated position and satisfies the market rate requirement
  • In addition to the above, theDdepartment will also assess the application against the following criteria:
  • The nomination has been approved by that relevant Regional Certifying Body
  • The Business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
  • The nominated position is in a Business operated by the employer
  • The position is being remunerated in accordance with relevant workplace legislation and awards

Eligibility –All streams

You may qualify for this visa provided you:

  • Have been nominated by an Australian employer in regional Australia and this nomination been approved within six months before you apply
  • Are under the age of 45 years at the time of application
  • At time of application lodgement, have the required skills and qualifications for the position you have been nominated for including holding (or being eligible for) any mandatory registration, license or professional memberships
  • At time of application lodgement, have appropriate English language skills
  • Meet health and character requirements
  • Meet the requirements of the stream in which you apply

For the Employee to qualify for this visa, they must:

  • Have the relevant qualifications and/or work experience for the nominated position which are equivalent to the Australian standard (Skills Assessment may be required in some circumstances)
  • Meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
  • Have been offered a full-time position for a fixed term of at least two years (supported by evidence of a contract or letter of appointment singed by both the employer and the employee)
  • Be under 50 years old
  • Have Competent English language ability

Nomination

All applicants for this visa streams, please note that you can only apply for this visa only after your employer in Australia has nominated you. You must lodge your application within six months of the nomination being approved.

You must apply for the visa in the stream and occupation in which your employer nominated you, or your application could be refused.

This visa subclass allows you and any member of your family unit who has also been granted this visa to:

  • Live in Australia and work permanently in regional Australia
  • Stay in Australia indefinitely
  • Work and study in Australia
  • Enrol in Medicare, Australia’s scheme for health-related care and expenses
  • Apply for Australian citizenship (if you are eligible)
  • Sponsor eligible relatives for permanent residence
  • Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia)

All Business Visas

Business Talent (Temporary) (Subclass 132)

The Business Talent visa is a permanent visa is for high calibre business people who are owners or part owners of an overseas company and have a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

This visa allows you to establish a new or develop an existing business in Australia. It has two streams:

  1. Significant Business History stream: for high-calibre business owners or part owners who want to do business in Australia.

Eligibility

You, your partner, or you and your partner combined must have all of the following:

  • Total net assets of at least AUSD$400, 000 as the ownership interest in one or more qualifying business for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital.
  • Net business and personal assets of at least AUD$1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
  • A total annual turnover of at least AUD3 million in one or more of your main business in at least two of the four fiscal years immediately before you are invited to apply
  • Ownership of at least:
  • 51 per cent of a business with turnover of less than AUD$400, 000 per year
  • 30 per cent of a business with turnover of more than AUD$400, 000 per year, or
  • 10 per cent of a publicly listed company
  • An overall successful business career
  • No involvement in unacceptable business activities
  • A genuine desire to own and maintain a management role in a business in Australia.

Please note that you must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.

  1. Venture Capital Entrepreneur stream: for people who have sourced venture capital funding from a member of the Australian Venture Capital Association Limited (AVCAL).

You must have received at least AUD$1 million in funding from an Australia venture capital firm. The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.

The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet. You must have entered into a formal agreement with the venture capital firm for the funding.

Who could get this visa ?

This Business Talent visa (subclass 132) is for business people who are nominated by an Australian state or territory government agency.  To be able to get this visa you need to submit an Expression of Interest (EOI) through Skill Select and then be invited to apply.

You might be able to get this visa if:

  • You are nominated by a state or territory government
  • Are invited to apply
  • You and your family members (whether or not they are included in your application meet health and character requirements
  • You meet the additional requirements for the stream in which you apply

 

Your Business Obligations under this Stream

Significant Business History Stream

If you fall under this visa stream, after entering Australia, you must:

  • Establish a qualifying business in Australia, or
  • Participate in an existing qualifying business in Australia

In the business, you must:

  • Maintain substantial ownership
  • Maintain direct and continuous involvement in the day-to-day management of the business
  • Make decisions that affect the overall direction and performance of the business in a way that benefits the Australian economy.

Venture Capital Entrepreneur Stream:

  • You and your family must comply with all visa conditions and Australian laws.
  • You must fulfil your business obligations
  • If you are outside Australia when the visa is granted, you must enter Australia by a specified date.
  • Your family members might not be allowed to marry or enter into a de facto relationship before they enter Australia.

Entitlements of the Business Talent visa

The Business Talent visa will grant you permanent residence in Australia. It will allow you and your eligible family members:

  • The right to stay in Australia indefinitely
  • Work and study rights in Australia
  • The opportunity to enrol in Medicare-Australia’s scheme for health-related care and expenses
  • Apply for Australian Citizenship once you become eligible.
  • Sponsor eligible relatives for permanent residence
  • Travel to and from Australia for up to five years
  • Possible qualification for a Special Benefit from Centrelink if you suffer a major change of circumstances beyond your control

Obligations– All Streams

Your Obligations

You and your family must comply with all visa conditions and Australian laws. You must fulfil your business obligations.

If you are outside Australia when the visa is granted, you must enter Australia by a specified date.

Your family members might not be allowed to marry or enter into a de facto relationship before they enter Australia.

You must tell the Department your residential address within six months of arriving in Australia.

Business Innovation and Investment (Provisional) visa (subclass 188)

The Business Innovation and Investment visas are temporary Skilled visas which are aimed to allow successful business owners from overseas to invest in either a new or existing business in Australia.

There are five streams under the subclass 188-visa program. They are as listed below:

  1. Business Innovation Stream;
  2. Investor Stream;
  3. Significant Investor Stream;
  4. Premium Investor Stream; and
  5. Entrepreneur Stream

These visas are points test based visa and they are only available to applicants who are nominated by a state or territory government, or Australia on behalf of the Australian Government. For the applicant to apply, they must receive an invitation by the Department once the Expression of Interest has been lodged.

 

Eligibility criteria for the different streams

Business Innovation Stream

To be qualified for this visa subclass you must:

  • Be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory
  • Score at least 65 on the points test.
  • for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD$500 000 turnover in each of those years
  • own at least one of the following percentage of your nominated main business:
    • 51 per cent, if the business has a turnover of less than AUD$400 000 per year
    • 30 per cent, if the business has a turnover of AUD$400 000 or more per year
    • 10 per cent, if the business is a publicly listed company
    • have an overall successful business career
    • have a genuine desire to continuously own and maintain a management role in a business in Australia.

If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have total net business and personal assets of at least AUD$800,000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted. Note that you and your partner must have had no involvement in unacceptable business or investment activities.

 

Investor Stream

The Investor Stream is designed for people who want to make a designated investment of at least AUD$1.5 million in an Australia state or territory and maintain business and investment activity in Australia. A government or territory government must nominate applicants.

Eligibility for Investor Stream

To qualify for the Investor Stream under visa subclass 188, you must:

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory.
  • Score at least 65 on the points test.
  • Have a high level of management skill in relation to the eligible investment or qualifying business activity
  • Have at least three years’ experience of direct involvement in managing one or more qualifying business or eligible investments
  • Have an overall successful record of eligible investment or qualifying business activity
  • Have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured
  • Have a genuine intention to live for least two years in the state or territory in which you have made a designated investment

You, your partner, or you and your partner combined must:

  • For at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
  • A qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or
  • Eligible investments owned by you, your partner or you and your partner combined of at least AUD$1.5 million.
  • During the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD$2.25 million that are available for legal transfer to Australia within two years of the visa being granted.
  • Make a designated investment of at least AUD$1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying business or eligible investments and be prepared to hold that investment for at least four years from date of issues in your nominating state or territory
  • Have had no involvement in unacceptable activities.

Please note that the income that you earn from your designated investment in Australia is subject to tax under Australia taxation law.

 

Significant Investor stream

The Significant Investor stream is designed for people who are willing to invest at least AUD$5 million into complying significant investments in Australia and want to maintain business and investment activity in Australia. A state or territory government or Austrade can nominate applicants.

Please note that you the rules that were in force at the time that you applied for your Significant Investor will continue to apply for the duration of our provisional visa, including any Extension stream visas you apply for that relate to that provisional visa.

Eligibility for Significant Investor Stream

To qualify for this stream, you must demonstrate a genuine and realistic commitment to:

  • Reside in the state or territory whose government agency nominated you,
  • Continue your business and investment activity in Australia after the conclusion of your provisional visa,
  • Live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per years (calculated cumulatively) for the duration of your provisional visa.

You, your partner, or you and your partner combined must have net assets of at least AUD$5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not have been involved in unacceptable business or investment activities.

You, members of your family unit aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also make a complying investment or a complying significant investment of at least AUD$5 million over four years.

 

Premium Investor Stream

The Premium Investor stream is by nomination of Austrade on behalf of the Australian government only. You must make a complying investment of at least AUD$15 million in any  of the following options:

  • Australia securities exchange listed assets
  • Australian government or semi-government bonds or notes
  • Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licence debt rating agency.
  • Australian proprietary limited companies
  • Real property in Australia excluding residential property
  • Deferred annuities issued by Australian registered life companies
  • State or territory government approved philanthropic contribution

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also have a genuine and realistic commitment to continue your business and investment activity in Australia after the conclusion of your provisional visa.

You, you partner (spouse or de facto), or you and your partner combined must have net assets of at least AUD$15 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not have been involved in unacceptable business or investment activities.

You, your and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

 

Entrepreneur Stream

This stream is for people who have a funding agreement from a third party for at least AUD$200,000 to undertake a complying entrepreneur activity that is proposed to lead to either the commercialisation of a product or service in Australia or the development of a business in Australia. A state or territory government must nominate applicants.

To qualify for this stream there is additional requirements that applicant must satisfy. All the applicants applying for this visa stream must:

  • Be under 55 years of age, although a state or territory can waive this requirement if your proposed complying entrepreneur activity will be of exceptional economic benefit to the nominating state or territory.
  • Have completed English and be able to provide evidence of this at the time you are invited to apply for the visa
  • Be undertaking or proposing to undertake a complying entrepreneur activity in Australia and have a genuine intention to continue this activity

A Complying Entrepreneur Activity is an activity that relates to an innovative idea that will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

This activity must not relate to any of the following excluded categories:

  • Residential real estate
  • Labour hire
  • Purchase of an existing enterprise or a franchise in Australia.

An activity is a complying entrepreneur activity if all of the following requirements are met:

  • You have one or more legally enforceable agreements to receive funding with a total of at least AUD$200,000 from one of the following entities:
  • Commonwealth Government agency
  • State or Territory Government
  • Publicly Funded Research Organisation
  • Investor registered as an Australia Venture Capital Limited Partnership or Early State Venture Capital Partnership.
  • Specified Higher Education Provider
  • Under the agreement at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia;
  • You held at least 30 per cent interest in your entrepreneurial entity when you entered into the agreement
  • You have a business plan for the entrepreneurial entity noting how your innovative idea will lead to the commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.

 

The Points test

You must score at least 65 points (the pass mark) in the points test to be eligible to apply for a Business Innovative and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Investor stream.

The points test does not apply to you if you are applying in the Significant Investor stream, the Premium Investor stream, the Entrepreneur stream, the Business Innovation Extension stream, or Significant Investor Extension stream.

The test gives points for various elements of human capital and business innovation and includes objective measure of business performance.

Points are awarded for:

  • Age
  • English language ability
  • Qualification
  • Experience in business or investment
  • Net personal and business assets
  • Business turnover
  • Innovation
  • Special endorsement

All factors are assessed as at the time you are invited to apply for this visa, unless otherwise noted.

Business Innovation and Investment visa (subclass 888)

This visa is the second stage of the Business Innovation and Investment (Provisional) visa subclass 188 is the Business Innovation and Investment (Permanent) visa subclass 888. This visa is the permanent stage for the initial 188 visa, allowing applicants to manage their business and investments in Australia for an indefinite period.

A subclass 888 visas has five streams depending on applicants’ businesses level of contribution to the Australian economy. Depending on which stream your 188 visas was granted under will include; the Business Innovation stream, Investor Stream, Significant Investor stream, Premium Investor stream and the Entrepreneur stream.

This visa allows applicants to:

  • Continue to own and manage a business in Australia (the Business Innovation stream)
  • Continue business and investment activity in Australia (the Investor stream, the Significant Investor Stream and the Premium Investor Stream)
  • Continue Entrepreneurial activity in Australia (Entrepreneur stream)

 

Eligibility

You might be able to apply for this visa if:

  • You are the primary visa holder of a provisional Business Innovation and Investment visa (subclass 188) and have met all the requirements of your Business Innovation and Investment visa in the stream in which you first applied; or
  • are the secondary visa holder who is the spouse or de facto partner of a provisional Business Innovation and Investment visa (subclass 188) holder in the Investor Business Innovation and Investment visa in the relevant stream; or
  • you hold a Special Category visa (subclass 444) and have met the requirements of the business innovation stream; and
  • you and your partner have not been involved in any unacceptable business or investment activities.
  • have held a designed investment of AUD$1.5 million for 4 years (Investor stream) or
  • have a complying investment of AUD$5million for 4 years (Significant Investor stream); or
  • held a complying of AUD 15 million for 1 year (Premium Investor stream
  • meet additional financial and other requirements of the same stream of this visa.

Additional requirements for visa subclass 888 are:

  • Both you and your partner have a satisfactory record of complying with Commonwealth laws, and of each State or Territory in which you operate a business and employ employees in the business, relating to your business,
  • You have been nominated by an Australian state or territory or by Austrade on behalf of the Australian government,
  • You and all your family members meet health and character requirements – you do not need to prove this again if you have already done this for the provisional Business Innovation and Investment visa (subclass 188),
  • Have a realistic commitment to maintain business or investment activities in Australia.
  • Other requirements depend on the stream in which you held your provisional Business Innovation and Investment visa (subclass 188)

 

Eligibility for each Business Innovation and Investment visa (subclass 888) stream:

  1. Business Innovation stream

You must have been in Australia and held:

  • a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Business Innovation Extension stream
  • a special category visa (subclass)

For at least one year in the two years immediately before you apply

In addition, you must be able to show ongoing business involvement, meet certain financial requirements, and have a history of employing Australian workers.

2. Investor Stream

If you are applying for this visa in the Investor stream, you must have been in Australia and held your provisional visa in the Investor stream for at least two of the four years immediately before you apply.

In addition, you (or you and your partner combined) must have held a designated investment with an Australian state or territory fir at least four years.

Please note that if you previously applied for your provisional visa (subclass 188) in the Investment stream prior to 1 July 2015, you are eligible to apply for a subclass 888 visas after holding your provisional visa for years and 11 months.

If you applied for your provisional visa after 1 July 2015, you are required to hold your provisional visa for at lest 4 years prior to applying for a subclass 888 visa.

3. Significant Investor Stream

If you are applying for a permanent visa (subclass 888) in the Significant Investor stream, you must have held at the time of application:

Ø  a provisional visa (subclass 188) in the Significant Investor stream or in the Significant Investor Extension stream.

You must have been in Australia as the holder of a provisional visa (subclass 188) in the Significant Investor stream or the Significant Investor extension stream for at least 40 days per year (calculated cumulatively) for the period of time you have held your (calculated cumulatively) on the basis of the period of time the primary applicant has held

Additionally, you (or you and your partner combined) must have:

Ø  held complying investments continuously for at least 4 years while holding your Business Innovation and Investment (Provisional) visa (subclass 188)

Ø  Operated a qualifying business under the private Australian company in which you have made a direct complying investment if applicable

Ø  Please note that the rules in force at the time you applied for you original subclass 188 visas in the Significant Investor stream will apply to you when your application for a subclass 888 visas is assessed.

If you applied for your provisional visa (subclass 188) in the Significant Investor stream prior to 1 July 2015, you are eligible to apply for a subclass 888 visas after holding your provisional visa for 3 years and 11 months. If you applied for your provisional visa after 1 July 201, you are required to hold your provisional visa for at least 4 years prior to applying for a subclass 888 visa.

4. Premium Investor Stream

If you are applying for a permanent visa (subclass 888) in the Premium Investor stream, you must have held a provisional visa (subclass 188) in the Premium Investor stream at the time of application and be nominated by the Commonwealth government.

You must have held your provisional visa for a minimum of 1 year.

You or your partner combined must have held complying premium investments continuously for at least 1 year, and for the entire time you have held your Business Innovation and Investment (Provisional) visa (subclass 188)

5. Entrepreneur Stream

If you are applying for this visa in the Entrepreneur stream, you must have been in Australia and held your provisional visa in the Entrepreneur stream for a continuous period of at least four years immediately before you apply. Additionally, you must be able to demonstrate a successful record of entrepreneurial activities in Australia.