Immigration FAQs

Author: Oakfair Lawyers

Publish Date: March 17, 2008

The answers you see in this FAQ are only general and may be applicable only under some circumstances. Each case is different, and if you have any particular questions, you should consult an immigration lawyer.

1. Can I apply for a visa to migrate to Australia based on my skills and qualification?

You can apply for a skilled visa only if you are under 45 years old. You must have competent English, and you also do a skills assessment. You will also be subject to the points test which changes from time to time, therefore you should check the current passmark before lodging your application.

2. What is a skills assessment?

Skills assessments are conducted by independent bodies. These bodies will assess your qualifications as to whether they are comparable with Australian qualifications. Our services include helping you apply for your skills assessment.

3. I am over 45 years old. Does that mean I cannot migrate to Australia?

If you are over 45 years old, you can still migrate to Australia, eg. under a Business Skills visa or an employment visa. For the Business Skills visa, you must have either owned a business in your home country or any other country for at least 4 years, or if you have been employed in a senior management position for 5 to 8 years. The Business Skills visa requires you to commit to being part of an active business in Australia, or invest in approved eligible investment of at least A$750,000 for 4 years. The Business Skills visa category is designed for genuine business people who are committed to establishing or participating in an active business in Australia.

Alternatively, if you have found a job in Australia, your employer may nominate you for a permanent residence visa. If your employer needs you to come to Australia urgently, you may be sponsored for a temporary residence visa first, and later, after about 2 years you may be able to apply for permanent residence. There are many options available.

4. If I meet the points test under the Skilled visa, will I definitely get my visa?

Not necessarily. That is because you and your family members are also subject to health and character checks. All members of the family unit must pass these checks otherwise, the application will not be approved. This is called the "one fail all fail" test. Therefore if one member of your family unit has a serious medical condition, your application will not be approved.

Having said that, there are some circumstances where people with medical conditions may still be granted a visa. That is because some visa categories allow for a waiver of the health criteria. These visas are usually the more compassionate visas, such as a "Child" visa.

Generally, if you have a medical condition, it does not mean you cannot apply. Some medical conditions are also not as serious as you imagine, as each case will be assessed individually.

5. I can't meet the passmark under the Skilled Independent points test, can I still apply?

You may be able to apply if you have a close relative in Australia, or if you have an occupation which is in demand by any of the State/Territory governments in Australia.

If you have a relative in Australia, you may apply for the Skilled Sponsored visa category, but this visa is only restricted to close blood relatives. An aunt or uncle who is related by marriage may be able to be a sponsor, but not if the marriage has broken down. The passmark is also reduced to 100 points.

If you don't have a relative, you may apply for State/Territory Sponsorship only if you have an occupation which is in demand in Specified Regional Areas. You must agree to live in the Regional Area for at least 2 years, of which you must be employed for at least 1 year. This visa is a "provisional" visa which means that permanent residence will only be granted after you have satisfied the residence criteria.

If you are able to find employment in Australia, your employer may be able to sponsor you under one of the employment visa categories.