Do you run and own a successful business or have a history of successful investments in your home country?

If so a business visa may be a good option for you to obtain permanent residency in Australia. Previously there have been two types of business visas, the 132 (Business Talent) which is a permanent visa (This visa closed to new application on 1 July 2021) and the 188 (Business Innovation and Investment) (The Business Innovation and Investment Program (BIIP) is closed as of 31 July 2024). The 188 visa is a temporary visa that has an identified pathway that enables you to go on to a permanent residency visa (subclass 888). The 888 visa is still open to current 188 visa holders. There are numerous different visa streams within each of these visa categories. Which is the best stream for your particular circumstances will depend on your business background, personal and business assets and recent turnover of your business or investment.

In order to qualify for the permanent business visa (subclass 888), you will need to meet specific criteria whilst holding the temporary 188 visa. It is important to carefully consider what your goals and intentions are and be aware of what is required of you before commencing any application process. Along with meeting Department of Home Affairs regulations you will also be required to be nominated by a state/territory government. Each government has their own policies and preferences regarding the types of business activity that they are interested in supporting. It is essential to obtain their support in order to be able to proceed with an application.

The Department of Home Affairs will announce a new National Innovation Visa Program by the end of 2024. Thew new NIV visa will incorporate the best elements of the previous Global Talent visa and BIIP program.

Small World Migration can provide the professional guidance and support to ensure that the whole process is well managed and you know exactly what is required of you at every step of the way.

Owen Small, Managing Director at Small World Migration has extensive experience with the various business visa processes and requirements, having helped hundreds of business migrants make Australia home.

For Professionals and Tradespeople aged under 45

There are a range of  Skilled Visas available to professionals and tradespeople aged under 45 to migrate permanently to Australia.

All of the skilled visas require that you meet the points test pass mark currently set at 65 points. You can either apply on your own or if you need additional points you can apply for sponsorship from a state or territory government or an Australian relative who resides in a regional area. Whichever visa you apply for you need to reach a competent level of English in an exam accepted by the Department of Immigration. To be eligible for any skilled visa you must first obtain a skills assessment in your nominated occupation. There are a large number of skills assessment authorities and each skill assessing body has it's own eligibility requirements.

To be eligible for the skilled independent subclass 189 visa (no sponsorship involved) you will need to have the qualifications and some recent work experience in an occupation on the skilled occupation list. Sometime you will need extra points to reach the pass mark of 65, or you may have an occupation that is not available in the subclass 189 program but is on the Consolidated Skilled Occupation List. In this case you may be able to apply for the sponsorship of a state or territory government for a skilled sponsored visa (subclass 190). Each government authority has their own list of occupations that they will sponsor under and a range of different rules and requirements.

The key considerations with skilled visas are:

• English - if you can obtain a very high result in your exam you can gain additional points which can help when you have limited work experience;
• You don't necessarily need to prove all your work experience and exceed the 60 point pass mark - you may be creating extra work for yourself unnecessarily;
• Get your skill assessment before you start your expression of interest (EOI) and visa application process;
• You need to be able to provide adequate evidence to substantiate any claims of work experience that you are relying on;
• Carefully consider the information supplied in your EOI and make sure you can prove any claims you make to avoid difficulties at the visa application stage.

Do you have an Australian relative, child or parent living overseas?

There are a number of options that may be available.

Parent Visas

The most reliable way to sponsor a parent to live in Australia is the contributory parent visa.

Demand is quite high for the program and is set by limited quotas for each year. With more applications being received then quota available, means processing times increase every year. For current estimated processing times please contact SWM to discuss further.  This visa comes at a premium with application fees amounting to over $50,000 AUD per applicant.

The non-contributory parent visa is a much lower cost, but the queue is so long that it is unlikely that this type of application could be processed in under 30 years. However, you may wish to take advantage of the bridging visa that is granted for onshore applications to live in Australia during this process.

There is also a temporary partner visa option for 3 and 5 years with a maximin of a 10 year stay.

Child Visa

If you or your partner is an Australian citizen or permanent resident, and you have the custody of a child whether biological, step-parent adoptive or even a younger sibling then you may have an option to apply for a child visa for them.

Adoption cases can be quite complex and we would recommend that you obtain professional advice on child visa options before commencing any adoption process with an overseas child.

There are options for sponsoring a child aged over 18 in limited circumstances where it can be established that they are dependent upon you as the sponsoring parent.

Employer Sponsored Visas for Skilled Overseas Workers

Are you an employer and have a temporary overseas worker that you value and would like to keep in your business ? You may have a skilled worker already in mind who is currently overseas to assist your business operation or perhaps you have a working holiday maker already working for you who is the right match for your business and would like them to continue working for you on a longer term basis.

There are a range of questions to consider when making the decision to sponsor an overseas worker. Depending on the situation of your business and the employee, a temporary 482 visa, an employer sponsored visa 186 or a Skilled Employer Sponsored Regional visa 494 may be the best fit for you. Our aim is to make the whole process as smooth and efficient as possible and be available every step of the way with you.

There are two subclasses of employer sponsored visas. These are the 186 Employer Sponsored (Permanent) and the 494 Skilled Employer Sponsored Regional (Temporary). There are a range of factors to consider when assessing the most suitable visa for you or your business.

482 Temporary Skills Shortage Visa

The 482 visa program is designed to fill temporary skill shortages in the Australian labour market. There is a specified list of occupations available under the 482 program called the Short Term Skills Occupation List STSOL and Medium Long Term Skills Skills Shortages List MLTSSL. A 482 visa can be granted for a period of 2 or 4 years depending on which list your occupation is listed on and the employee is not permitted to cease employment or work for any other employer whilst on this visa.

Businesses must apply to become an approved sponsor in order to be eligible to employ a 482 worker.  In order to qualify, you need to be a lawfully operating Australian business and prove that you have  training your Australian employees. There are options for both overseas companies and newly started businesses to become approved sponsors of 482 workers.

We commonly see situations where 482 workers have changed position or changed employer without ensuring that they are continuing to meet all visa conditions. The Department of Immigration can cancel your visa if you are found to have breached a condition and this can cause major obstacles when you look to apply or your permanent residency.

If you are a 482 visa holder, you have a range of options available to you if you are seeking to obtain permanent residency. If you remain with the same 482 employer for three years, you can then apply for a permanent employer sponsored visa under the temporary resident transition (TRT) pathway. However, many people prefer to sort out permanent residency without having to wait for the three year period. As a 482 visa holder you can apply for a permanent skilled, family or direct entry employer sponsored visa and avoid the uncertainty of a two year wait.

186 Employer Sponsored Visa

This visa is for applicants who have an offer of permanent employment for at least two years. The employer can be located anywhere in Australia, and the position in the business must be genuinely required by the business and the terms and conditions of employment must be in accordance with Australian standards. The occupation must be listed on the MLTSSL list of occupations and you will require a skills assessment in your nominated occupation if applying via the direct entry pathway. The sponsoring employer must also demonstrate training expenditure on it's Australian employees to meet the training benchmark. If applying for this visa from a 482 via the temporary residence transition pathway you will not require a skills assessment. There are exceptions for New Zealand citizens with regard to age limits and skill assessment requirements.

494 Skilled Employer Sponsored Regional (provisional) Visa

The 494 visa is designed for employers in regional areas (outside of Melbourne, Sydney, Newcastle, Gold Coast and Brisbane). The employer is not required to demonstrate that they meet the training expenditure benchmark and skill assessments are required only in some circumstances. There is a broader range of occupations available as nomination is not limited to those occupations on the skilled occupation lists, so there is greater flexibility for employers to obtained the skilled labour that they require in these areas.

Married or de facto relationships

Are you in a married or de facto relationship with an Australian citizen or permanent resident? Perhaps you are an Australian and have a partner living overseas. Regardless of whether you are married or de facto, you will need to supply evidence to the Department of Immigration that you are in a genuine and committed relationship together.

If you have been in a relationship for a relatively short period of time, or you have spent significant amounts of time living apart, this can introduce an added element of risk to your application. It is essential to provide adequate evidence and a detailed account of your relationship to avoid your application being refused.

There are a range of options available, to apply onshore (subclass 820/801) or offshore (subclass 309/100) for a partner visa or apply for a temporary prospective marriage (subclass 300) if you are intending to get married in the near future. It will depend on your life and work situation and the stage of your relationship.

Common pitfalls in lodging partner visas is simply not providing carefully prepared statements and a lack of independent third party evidence to support your relationship. Whether you want someone to look after the whole thing, a meeting to discuss your options and obtain some clarity, or us to check over your application we can work with you to achieve a successful outcome.

The visa application charges for this type of application have increased substantially in recent years, and it currently costs $6865.50 to lodge an onshore partner visa application.

Given the high price, we are able to provide our services at an hourly rate to give you peace of mind when lodging your application you have the greatest possible chance of success with a minimum of delays in processing.

Are you a New Zealand Citizen seeking Permanent Residency or Citizenship?

New Zealanders are in a unique position under Australian immigration law.

From 1 July 2022 NZ passport holders can now live in Australia for 4 years holding their 444 SCV and then apply for Australian Citizenship if they meet the residency requirements.

All New Zealand citizens who arrived in Australia after 26 February 2001 automatically obtain a special category visa (subclass 444) upon entry to Australia. The application for this visa is the incoming passenger card that you complete when you arrive at an Australian airport. Whilst the 444 visa allows you to live and work in Australia indefinitely, it is not a permanent residency visa. New Zealand citizens on a 444 visa have significant limitations on a range of entitlements to Australian government benefits, including Centrelink, Commonwealth supported university places, HECS loans and admission to the Australian Defence Forces.

If you are a New Zealand citizen and present in Australia on 26 February 2001 (or 1 of the two years prior to) then you are considered an eligible New Zealand citizen, which is equivalent to Australian permanent residency. This provides a pathway directly to citizenship. If you are unsure about your movements in and out of Australia at around that time you can complete a Form 1359 and lodge to the Department of Immigration to find out this information.

If you hold a 444 visa, there are options to gain permanent residency. You can pursue a skilled, family or employer sponsored visa option however it is important to remember that once you turn 45 many of these options start to become much more difficult.

In some circumstances if you were present in Australia at some point prior to 1 September 1994  you may be able to obtain a subclass 155 Resident Return visa. We have successfully assisted many New Zealand citizens to obtain permanent residency using this pathway. If you are eligible, the advantage of this approach is that it costs little and is processed quickly. Also, if you want to obtain permanent residency for children and spouses, once you are a permanent resident there are a range of options to sponsor family members so that they can also obtain their permanent residency.

Call us today so we can assess the best pathway for you to permanent residency.