It is very important to lodge an ‘assessment ready’ application. This means all required forms, documents and required information are submitted together at the time of making the visa application.
By doing that, an applicant won’t need to keep going back to ‘patch up’ gaps in the application and the DIBP delegate can assess the application more efficiently.
While any information provided before a decision is made must be taken into account, it is important to keep in mind that the Minister is under no obligation to delay making that decision to wait for
further information to be provided. This means that even if you have advised DIBP that you intend to give further information, the Case Officer does not have to wait for it.
General Skilled Migration (GSM) visa is defined as a Subclass 175, 176, 189, 190, 475, 476, 485, 487,
489, 885, 886 or 887 visa, granted at any time. Some of these visas are points based, and others
The Points Based Skilled Migration scheme, Skill Select, incorporates three GSM visas:
- The subclass 189 (Skilled – Independent) visa
- The subclass 190 (Skilled – Nominated) visa
- The subclass 489 (Skilled – Regional Provisional) visa
The GSM visas that are not points based are:
- The subclass 476 Recognised Graduate Visa
- The subclass 485 Skilled Graduate
- The subclass 887 Skilled-Regional visa
There are special provisions allowing the ‘no further stay’ conditions 8503 and 8534 to be waived
if the person has a ‘genuine intention’ to apply for General Skilled Migration visa, a Business
Talent visa or a provisional Business Innovation and Investment visa, or under the Employer
Nomination Scheme or the Regional Sponsored Migration Scheme visa:
The waiver request does not have to be made in writing and applying via SkillSelect is accepted
as a sufficiently compelling reason for the condition to be waived in all cases where the applicant
or dependent family member applies for one of the visas listed. SkillSelect automatically waives .
the 8503 or 8534 condition when the application is made:
Business skills visas are part of the Skilled Stream. They are the group of visas that facilitate the entry into Australia of high quality business or investor migrants.
Most business skills visas involve a two-stage application process. At the first stage business migrants apply for a provisional visa (Class EB subclass 188) and then if they meet certain criteria, they
apply for a permanent visa (Class EC subclass 888). However, there is a permanent visa that can be applied for without first going through the provisional stage, the Business skills – Business Talent
(Permanent) (Class EA) subclass 132 visa.
A subclass 188 visa that has been approved under an extension stream is valid for 4 years and 3
months, and the person can apply for the permanent Business Innovation and Investment
(subclass 888) visa after holding the provisional visa for 12 months if in the PIV stream, 2 years if in
the Business Innovation Stream, or 4 years if in the Investor or SIV Streams. They will be required
to meet certain criteria, which differ depending on the stream in which the person applied.
While there is no requirement to lodge an EOI at the permanent stage, it is still required that the
person has Austrade nomination in the case of the Premium Investor visa stream, or in any other
case a State or Territory nomination.
It should be noted that NZ citizens in Australia holding subclass 444 visas and who own and
manage a business, can apply for a subclass 888 visa without first holding a subclass 188 visa
To make a valid visa application a non-citizen must apply for a visa of a particular class. A valid
visa application is an application for a visa class that meets basic legislative validity requirements.
It is very important to lodge a valid visa application because an invalid visa application cannot be
considered by the Minister or his/her delegate.
Even if an applicant meets all the criteria for the grant of a visa, if their visa application is invalid, it
cannot and will not be considered.
An invalid visa application will be returned to the visa applicant (or their migration agent or
whoever is the authorized recipient) without being considered. It is deemed to have never been
lodged. If a Visa Application Charge has been paid, it will be refunded in full.
A visa application is not valid if a person is s 48 barred or a person has a visa with a condition
such as “no further stay” condition unless the Minister has waived the condition. There are a
number of no further stay conditions:
– 8503 (applies to visitor visas/temporary visas)
– 8534 and 8535 (applies to student visas)
Legally, the Minister has made a decision to refuse to ‘consider’ the application because it is not
valid. This is not the same as a decision to refuse to grant the visa.
If the visa application is validly made, the Minister must consider the visa application. A case
officer will decide whether to grant or refuse the visa.
When an applicant is in Australia, it is required that he or she must hold a ‘substantive visa’ to be
able to make a valid application for most of the visas. Options for non-citizens in Australia who do
not hold a substantive visa to make a valid application are very limited.
‘Visa eligibility’ is a different concept to ‘visa application validity’. While the Minister’s power to
consider an application depends on whether a valid application has been made, the Minister’s
power to grant a visa depends upon whether the applicant meets the eligibility criteria for the
Visa eligibility becomes relevant after a valid visa application is accepted for consideration and
involves satisfying the grant criteria for a particular subclass.