EMPLOYER SPONSORED VISA
An employer sponsored visa is used for lawfully operating Australian and overseas employers to sponsor and employ skilled workers who have recognized qualifications and skills, or experience in particular occupations, required in Australia.
At GMH Legal, we are able to assist in a number of sponsored via types available to businesses and visa candidates including:
- Subclass 457 Temporary Business (Long Stay) visa: The 457 visa allows businesses to sponsor appropriately skilled employees for between 3 months and 4 years.
- Subclass 856 / 121 Employer Nomination Scheme (ENS): This visa allows employers to sponsor appropriately skilled employees for Permanent Residency in Australia. This visa is for skilled applicants who’s employment is within metropolitan areas as defined by DIAC.
- Subclass 857 / 119 Regional Sponsored Migration Scheme (RSMS): Employer sponsorship for Permanent Residency is also an option for businesses where the employee is working in regional areas, as defined by DIAC.
- Subclass 456 visa / Electronic Travel Authority (Business) visa: These visas are usually only suitable where a person is travelling to Australia for a conference or to carry out highly-specialised, short term work.
- The law, which governs the requirements to which Australian Businesses must comply, has changed greatly over the last twelve months and GMH Legal is committed to providing up to date specialised advise to suit your individual needs.
GMH Legal is committed to providing transparent, honest and efficient visa services for prospective students. We understand the challenges often faced by those who aspire to study overseas. Our team can assist you in obtaining the suitable student visa for you including the following visa subclasses:
- Subclass 570 – Independent ELICOS – undertaking ELICOS (English Language Intensive Courses for Overseas Students) as a stand-alone course, and not as a prerequisite to commencing another course (for example, a degree course).
- Subclass 571 – Schools Sector – Undertaking a course of study at a primary school or a secondary school, including both junior and senior secondary school.
- Subclass 572 – Vocational Education and Training (VET) sector – Undertaking Certificate I, II, III and IV, Diploma and Advanced Diploma.
- Subclass 573 – Higher Education Sector – Bachelor degree, Graduate certificate, and Graduate diploma.
- Subclass 574 – Master’s and Doctorate Sector – Masters degree by coursework or by research, and a Doctoral degree.
- Subclass 575 – Non-Award Foundation Studies/Other Sector – foundation, bridging or other courses that do not lead to the award of a degree, diploma or other formal award.
- Subclass 576 – AusAID or Defence Sponsored Sector – Full-time courses of any type undertaken by an AusAID or Defence student sponsored by the Australian Government.
PROFESSIONALS AND OTHER SKILLED MIGRANTS
There are a series of visa options available to skilled workers under the General Skilled Migration Program who are not sponsored by an eligible employer.
GMH Legal assists you throughout the entire application process ensuring that you are provided with accurate, professional and personalised advice for applications including the following visa subclasses:
Skilled – Independent (Migrant) Visa (Subclass 175): A Skilled – Independent Migrant visa is a permanent visa intended for people that have skills which are in demand within Australia’s labour market. Applicants must pass the General Skilled Migration points test.
Skilled – Sponsored (Migrant) Visa (Subclass 176): This visa provides an avenue for permanent residence in Australia to those unable satisfy the Skilled – Independent pass mark of 65 points. Applicants for this visa need to be sponsored by a suitable relative currently residing in Australia, or nominated by an appropriate State or Territory government body. Applicants for a Skilled – Sponsored visa still need to pass a points test, but the pass mark is lower than that required for the Skilled – Independent visa.
Skilled – Regional Sponsored (Provisional) Visa (Subclass 475): This visa entitles the holder to 3 years provisional residence in Australia and is available to person able to reach the lower pass mark this visa requires. Holders of this visa are permitted to apply for a permanent visa after they have lived for 2 years and worked for at least 1 year in a Specified Regional Area.
Skilled – Recognised Graduate (Temporary) Visa (Subclass 476): This visa provides graduates of recognised and approved overseas educational institutions who possess skills considered to be in demand in Australia with an 18 month temporary visa. Persons holding this visa are permitted to make an application for permanent residence in Australia at any time if they are able to demonstrate they can pass the General Skilled Migration points test.
GMH Legal assists individuals who currently own a business, are Senior Executives or successful investors to obtain a suitable business visa.
The aim of the Business Skills Visas is to attract people with a demonstrated record of business or investment activity who are committed to using their business and investment skills in Australia.
The majority of business skills entrants will enter Australia initially on a provisional (temporary) visa for 4 years and, after they have satisfied the DIAC of their level of business or investment activity, they may apply for permanent residence.
There is also provision for high calibre business migrants to obtain up front direct permanent residence in the Business Talent (Migrant) visa category if they have high level business attributes and are sponsored by a state or territory.
State and Territory government sponsorship is available for each Business Visa category, so that states and territories can attract the kinds of business people they are seeking to assist in the economic development of specific areas. In particular, the Department actively encourages Business Skills entrants to set up business in regional, rural or low growth areas of Australia. There are substantial concessions available for these sponsored categories at both the provisional and permanent residence stages.
BUSINESS VISITS FOR UP TO 3 MONTHS
Passport holder from a number of countries and regions may visit Australia for business purposes under certain visas including:
- ETA (Business Entrant – Short Validity) Subclass 977: This visa permits up to three months on each visit within a 12 month period from the date of grant.
- ETA (Business Entrant – Long Validity) Subclass 956: Up to three months on each visit for the life of the passport.
- Business (Short Stay) Subclass 456: This visa is for business people who are not eligible to apply for an ETA or an eVisitor visa.
- Sponsored Business Visitor (Short Stay) Subclass 459: This visa is for business people with an Australian sponsor.
- eVisitor Subclass 651: This visa is for passport holders from the European Union and a number of other European countries.
BUSINESS DEVELOPMENT – PROVISIONAL
Also known as Business Skills visas. All these visas, except the Investor Retirement visa, offer a pathway to permanent residence:
- Business Owner (Provisional) Subclass 160: This visa is for those with a successful business career who want to own a new or existing business in Australia.
- State/Territory Sponsored Business Owner (Provisional) Subclass 163: This visa is for those sponsored by a by an appropriate regional authority of a State or Territory Government who want to own a new or existing business in Australia.
- Senior Executives (Provisional) Subclass 161: This visa is for senior executives of major overseas businesses with significant assets to manage a new or existing business in Australia.
- State/Territory Sponsored Senior Executive (Provisional) Subclass 164: This visa is for senior executives of a major overseas business sponsored by an appropriate regional authority of a State or Territory Government with significant assets, for management of a new or existing business in Australia.
- Investor (Provisional) Subclass 162: This visa is for successful business people or investors to invest or be involved in business in Australia.
- State/Territory Sponsored Investor (Provisional) Subclass 165: This visa is for those sponsored by an appropriate regional authority of a State or Territory Government with a successful business or investment career, to invest or be involved in business in Australia.
- Investor Retirement Visa Subclass 405: This is a temporary visa for people aged 55 years or older who are able to make a significant long term financial investment in Australia. This is not a pathway to a permanent visa.
- Independent Executive Further Application Onshore Subclass 457IEFAO: This visa is for holders of a Temporary Business (Long Stay) Independent Executive visa (Subclass 457IE) who need more time to be eligible to apply for a permanent business visa.
BUSINESS DEVELOPMENT – PERMANENT
Also known as Business Skills visas. These following visas are for those who have established the required business in Australia whilst holding a provisional visa:
- Business Talent (Migrant) Subclass 132 – for accomplished business people, sponsored by an appropriate regional authority of a State or Territory Government, who are owners of an overseas business, to manage a new or existing business in Australia.
- Business Owner (Residence) Subclass 89 – For the holder of a Business Development – Provisional visa (other than a Subclass 405 visa) with substantial assets. This visa allows you to stay in Australia on a permanent basis for the purpose of owning a substantial new or existing business.
- State/Territory Sponsored Business Owner (Residence) Subclass 892 – For holders of a qualifying provisional visa, sponsored by an appropriate regional authority of a State or Territory Government, to own and operate a new or existing business.
- Established Business in Australia Subclass 845 – A visa for those already in Australia on a temporary visa other than a special purpose visa (Border visa, Diplomatic visa, Domestic Worker visa, Transit visa, Maritime Crew visa or Superyatcht Crew visa) and who have established a successful business in Australia, and hold significant assets in Australia
- Regional Established Business in Australia Subclass 846 – a visa for those who are sponsored by a State/Territory government, hold a Business (long stay) (Subclass 457) visa, have been in Australia for at least 12 months of the last two years, have owned a successful business in a designated regional area of Australia for at least two years and hold significant assets in Australia.
GMH Legal assists people wishing to obtain a Specialist Entry visa including:
- Distinguished Talent (Subclass 124 / Subclass 858) visa.
- Exchange (Subclass 411) visa
- Domestic Worker (Subclass 426/427) visa
- Entertainment (subclass 420) visa
- Sport (Subclass 421) visa
- Media and Film Staff (Subclass 423) visa
- Religious worker (Subclass 428) visa
- Visiting Academic (Subclass 419) visa
DOCTORS & NURSES
GMH Legal can assist qualified doctors and nurses wishing to temporarily or permanently migrate to Australia. Because both doctors and nurses are in demand in Australia, GMH Legal can assist you in all steps of the application process to ensure that you receive the best possible advice and expertise to achieve your desired goal.
If you are an Australian citizen or an Australian permanent resident, and wish to bring your family to live with you, then GMH Legal can help. There are various family visas available including:
- Spouse visa – Subclass 820 visa – Subclass 801 visa – Subclass 309 visa – Subclass 100 visa
- Fiancé visa – Subclass 300 visa
- Parent visa – Subclass 801 visa – Subclass 804 visa – Subclass 103 visa
- Contributory parent visa – Subclass 143 visa – Subclass 173 visa – Subclass 884 visa
- Child visa – Subclass 101 visa – Subclass 802 visa
- Adoption visa – Subclass 101 visa
- Remaining relative visa – Subclass 835 visa – Subclass 115 visa
If you were a permanent Australian resident wishing to return, GMH Legal can fully assist you in undertaking the visa process including:
Five Year Resident Return Visa (Subclass 155)
The Subclass 155 visa:
- is for former Australian permanent residents who wish to regain their permanent resident status;
- is for current Australian permanent residents who wish to maintain their permanent resident status;
- extends the travel validity facility of a permanent Australian visa; and
- once granted, permits the holder to depart and re-enter Australia multiple times during the five-year validity of the visa.
Three Month Resident Return Visa (Subclass 157)
To be eligible for this visa, you must prove at the time of application either:
- have spent at least one day in Australia in the last five years as an Australian citizen or permanent resident and provide compelling and compassionate reasons for departing Australia; or
- be an immediate family member of a holder of a Resident Return Visa.
Former Resident Visa (Subclass 151)
This permanent visa enables former Australia permanent residents and persons who have served in the Australian Armed Forces to resettle in Australia.
You may qualify for this visa if you have lived for nine of your first 18 years in Australia holding a permanent visa and:
- are under 45 years old when you apply for this visa
- have close cultural, business or personal ties with Australia
- have never been an Australian citizen.
You may also qualify for this visa if you have served 3 months in the Australian Defence Service or were medically discharged within your first 3 months.
Tourists from abroad are able to apply for a visa to visit Australia for a holiday.
GMH Legal can arrange for the appropriate visa and assist you throughout the application process.
There are several types of visas tourists can apply for including:
- ETA (Visitor) Visa (Subclass 976). This visa allows people to stay in Australia on holiday for up to three months.
- eVisitor. An eVisitor allows people to stay in Australia for up to three months for a holiday or for business.
- eVisitors are available to people who are not in Australia and have an ‘eVisitor eligible passport’.
- Tourist Visa (Subclass 676). This visa allows people to come to Australia for up to twelve months for holiday purposes.
- Sponsored Family Visitor Visa (Subclass 679).
GMH Legal can assist in all applications relating to Working Holiday visas and assist you in every step of the application process.
The Working Holiday visa is available to passport holders from Belgium, Canada, the Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Hong Kong SAR, the Republic of Ireland, Italy, Japan, Republic of Korea, Malta, the Netherlands, Norway, Sweden, Taiwan and the United Kingdom.
MARA CODE OF CONDUCT
Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.
You can read the Code of Conduct for registered migration agents by clicking on this link: Code of Conduct.
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