Business & Skilled Visas - Permanent

Distinguished Talent (Migrant) (Class AL) subclass 124 (Distinguished Talent)

 

This visa allows a person who is outside Australia to apply to migrate on the basis of their talent

 

in music, sport or some other endeavor. They need to be internationally recognized and have the

 

support of an Australian organisation or person. The applicant must be outside Australia at the

 

time the visa is granted.

 

Business Skills – Business Talent (Permanent) subclass 132

 

This visa is for people with a high level of business expertise to migrate to Australia and engage

 

in business in Australia. It is usually a requirement that the business venture in Australia is

 

significant. The applicant may be inside or outside Australia at the time of

 

application and at the time the visa is granted.

 

 

The subclass 132 Business Talent visa is the only way for a business person to

 

apply for a permanent visa without first holding a provisional visa or already having a business in

 

Australia.

 

 

This visa is part of SkillSelect (so an EOI has to be lodged first and the person must be invited to

 

apply for the visa) and it is divided into two streams:

 

 

– The Significant Business History Stream for people who have an ownership interest in a sizeable

 

    business (annual turnover of over AUD3 million) and who want to have a major management role in a

 

    business in Australia; and

 

 

– The Venture Capital Entrepreneur stream for people who are intending to invest at least AUD1

 

    million in a business venture in Australia.

Skilled – Independent (Permanent) subclass 189 (Skilled – Independent)

 

This visa allows for skilled people to apply for a permanent visa without sponsorship from a

 

company or family member, or a nomination from a state or territory government. There is a

 

points test to be met and the applicant must be under 50 years old and have competent English.

 

It is part of the SkillSelect system so an Expression of Interest must be lodged first and the

 

applicant must receive an invitation to apply for the visa.

 

Skilled – Nominated (Permanent) subclass 190 (Skilled – Nominated)

 

This visa allows for skilled people to apply for a permanent visa with a nomination from a state or

 

territory government. There is a points test to be met and the applicant must be under 50 years

 

old and have competent English. It is part of the SkillSelect system so an Expression of Interest

 

must be lodged first and the applicant must receive an invitation to apply for the visa.

 

Distinguished Talent (Residence) subclass 858 (Distinguished Talent)

 

Similar to the subclass 124 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Skilled (Residence) subclass 887 (Skilled – Regional)

 

This visa s for holders of a subclass 487 (now no longer available) or a subclass 489 visa to apply

 

to stay permanently in Australia. They must provide evidence of having lived for at least 2 years

 

and working full-time for at least 12 months in a regional area of Australia.

 

Business Skills (Permanent) subclass 888 (Business Innovation and Investment (Provisional))

 

This visa is for holders of a subclass 188 or 444 visa who meet the criteria in one of the business

 

or investor streams, to apply to remain in Australia on a permanent basis.

 

Business Skills (Residence) subclass 890 (Business Owner)

 

This visa is part of the previous business skills visa scheme and can only be applied for by

 

applicants holding a subclass 160 – 165 provisional business visa.

 

Business Skills (Residence) subclass 891 (Investor)

 

As for subclass 890 but the applicant must hold a provisional investor visa.

 

Business Skills (Residence) subclass 892 (State/Territory Sponsored Business Owner)

 

As for subclass 890 but the applicant requires state or territory sponsorship.

 

Business Skills (Residence) subclass 893 (State/Territory Sponsored Investor)

 

As for subclass 890 but the applicant must hold a provisional investor visa.

 

Employer Nomination (Permanent) subclass 186 (Employer Nomination Scheme)

 

This visa is for skilled workers who are sponsored by an Australian company for a permanent stay

 

in Australia. There are three streams within this visa subclass. The applicant can be inside or

 

outside Australia at the time of application and at the time of grant.

 

Regional Employer Nomination (Permanent) subclass 187 (Regional Sponsored Migration Scheme)

 

This visa is for skilled workers who are sponsored by an Australian company that is located in a

 

regional area of Australia, for a permanent stay in Australia. There are three streams within this

 

visa subclass. The applicant can be inside or outside Australia at the time of application and at

 

the time of grant.

 

Work & Employment Visas - Permanent
Former Resident Visas - Permanent

Special Eligibility subclass 151 (Former Resident)

 

This visa is for people who spent the greater part of their life before the age of 18 in Australia as a

 

permanent resident and they have maintained close ties to Australia. They must be under 45 at

 

the time of application. People who have spent at least 3 months in the Australian Defence Force

 

are also eligible and there is no age restriction for these applicants. They can be inside or outside

 

Australia at the time of application and grant, but they must be in the same place when both

 

events occur (that is outside at time of grant if they were outside at the time of application).

 

Return (Residence) subclasses 155 (Five Year Resident Return) 157 (Three Month Resident Return)

 

This visa is for current or former Australian permanent residents or former Australian citizens who

 

wish to travel to Australia as a resident. There are residential requirements to be met to be

 

eligible for this visa and the person can be inside or outside Australia at the time of application

 

and grant but if they were outside at the time of application they must also be outside at the time

 

of grant.

 

Confirmatory (Residence) subclass 808 (Confirmatory)

 

This visa is for holders of a subclass 159 visa, a border visa or a subclass 301 or 302 Emergency

 

visa, who now have provided evidence that they are a resident of Australia.

 

Partner (Migrant) subclass 100 (Partner)

 

This visa is for spouses or de facto partners of Australian citizens, Permanent Residents or

 

Eligible New Zealand Citizens (‘ENZC’) who want to apply for a visa while they are outside

 

Australia. It must be applied for at the same time with a subclass 309 visa.

 

 

Unless the relationship is a long term relationship (as defined in the Migration Regulations) the

 

decision cannot be made on this visa application until two years have passed since lodgement.

 

 

The applicant can be in or outside Australia at the time the visa is granted.

 

Child (Migrant) subclasse 101 (Child)

 

This visa is for dependent children of Australian citizens, permanent residents or Eligible New

 

Zealand Citizens (ENZC).

 

 

The child must be under 25 years old (unless there is a physical or mental impairment that makes

 

them dependent) and be a natural or step- child of the sponsor (or an adopted child if the

 

adoption took place before the sponsor was an Australian citizen, permanent resident or ENZC).

 

 

The applicant must be outside Australia at the time the visa is granted.

 

Subclass 102 (Adoption)

 

This visa is for children who are under the age of 18, overseas and are adopted by an Australian

 

citizen, permanent resident or ENZC. The applicant must be outside Australia at the time the visa

 

is granted.

 

Parent (Migrant) subclass 103 (Parent)

 

This visa is for parents of ‘settled’ Australian citizens, permanent residents or ENZC. The applicant

 

must meet the Balance of Family test and be outside Australia at the time the visa is granted.

 

Other Family (Migrant) subclass 114 (Aged Dependent Relative)

 

This visa is for aged dependent relatives (which can include parents, siblings, grandparents,

 

uncles, aunts, nieces, nephews and first cousins) of Australian citizens, permanent residents or

 

ENZC. They must be old enough to be of pension age in Australia and have been dependent on

 

the sponsor for a reasonable period (usually taken to be 1-2 years).

 

 

The applicant must be outside Australia at the time the visa is granted.

 

Subclass 115 (Remaining Relative)

 

This visa is for the remaining relative of Australian citizens, permanent residents or ENZC. The

 

applicant must have no other close family member outside Australia and be outside Australia at

 

the time the visa is granted.

 

Subclass 116 (Carer)

 

This visa allows for relatives of Australian citizens, permanent residents or ENZC to migrate to

 

Australia to take care of their relative. The Australian relative must have a certain impairment

 

rating (as assessed by the Medical Officer of the Commonwealth) and the applicant must have

 

the skills and ability to take care of them. There should also be no other support available in

 

Australia for the person needing the care. The applicant must be outside Australia at the time the

 

visa is granted.

 

Subclass 117 (Orphan Relative)

 

This visa is for the orphan relative of Australian citizens, permanent residents or ENZC. The

 

applicant must be outside Australia at the time the visa is granted.

 

Contributory Parent (Migrant) subclass 143 (Contributory Parent)

 

This visa is for parents of Australian citizens, permanent residents or ENZC. The applicant must

 

meet the Balance of Family test (defined in the Migration Regulations) and pay a size-able

 

second visa application charge. They must be outside Australia at the time the visa is granted.

 

Partner (Residence) subclass 801 (Partner)

 

Similar to the subclass 100 visa but the applicant is inside Australia at the time of application and

 

grant, and it must be applied for at the same time as a subclass 820 visa.

 

Child (Residence) subclasses 802 (Child) 837 (Orphan Relative)

 

Similar to the Subclass 101 visa but the applicant is inside Australia at the time of application and

 

grant. This subclass also includes adopted children so there is no onshore equivalent of the

 

subclass 102 visa.

 

Aged Parent (Residence) subclass 804 (Aged Parent)

 

Similar to the subclass 103 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Other Family (Residence) subclass 835 (Remaining Relative)

 

Similar to the subclass 115 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Other Family (Residence) subclass 836 (Carer)

 

Similar to the subclass 116 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Child (Residence) subclass 837 (Orphan Relative)

 

Similar to the subclass 114 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Other Family (Residence) subclass 838 (Aged Dependent Relative)

 

Similar to the subclass 114 visa but the applicant is inside Australia at the time of application and

 

grant.

 

Contributory Aged Parent (Residence) subclass 864 (Contributory Aged Parent)

 

Similar to the subclass 143 visa but the applicant is inside Australia at the time of application and

 

grant. The applicant must also be aged as defined in the regulations.

 

Family Visas - Permanent
Protection & Humanitarian Visas - Permanent

Refugee and Humanitarian subclass 200 (Refugee)

 

This visa is for people who are outside Australia and typically outside their home country, and

 

who meet the definition of being a refugee.

 

 

This visa allows a person who is outside his or her country and who is subject to persecution to

 

be resettled to Australia. Applicants for this visa are usually referred by the UNHCR to the

 

Australian Government.

 

Refugee and Humanitarian subclass 201 (In-country Special Humanitarian)

 

This visa is for people who are outside Australia and in their home country, and who meet the

 

definition of being a refugee.

 

 

This visa allows a person who is in their home country and who is subject to persecution to be

 

considered for resettlement.

 

Refugee and Humanitarian subclass 202 (Global Special Humanitarian)

 

The Special Humanitarian Program covers subclass 202 Global Humanitarian visas. These visas

 

can be granted to both refugees and people in humanitarian need overseas. This means that

 

applicants do not have to meet the UN definition of a refugee. They do however need to be

 

outside their home country in order to qualify.

 

 

This visa allows an applicant who is outside their home country, has been subject to substantial

 

discrimination amounting to gross violating of human rights, and is proposed by UNHCR or an

 

Australian citizen or Australian permanent resident, to resettle in Australia.

 

Refugee and Humanitarian subclass 203 (Emergency Rescue)

 

This visa can be used to provide emergency resettlement to persons who are subject to

 

persecution and also face an immediate threat to their life or personal security.

 

 

This visa allows an applicant who is inside or outside their home country and is subject to

 

persecution to be resettled in Australia. The Minister must be satisfied that there are urgent and

 

compelling reasons for the applicant to travel and resettle permanently to Australia.

 

Resettlement under this visa subclass must also be consistent with regional and global priorities

 

of the Commonwealth in relation to permanent resettlement.

 

Refugee and Humanitarian subclass 204 (Woman at Risk)

 

This visa is specifically for women who are living outside their home country and are subject to

 

persecution or registered as of concern to UNHCR. They must be without the protection of a

 

male partner or relative.

 

 

This visa allows a female person who is subject to persecution or has been identified as a person

 

of concern to UNHCR and is living outside their country to be resettled in Australia.

 

 

In order to be granted the visa, the Minister must be satisfied that the person does not have

 

‘protection of a male relative and is in danger of victimisation, harassment or serious abuse

 

because of her sex’.

 

Territorial Asylum (Residence) subclass 800 (Territorial Asylum)

 

This visa is for persons in Australia who are granted territorial asylum. Territorial asylum is also

 

referred as ‘political asylum’ and granted by instrument by a Minister (in practice the Minister for

 

Foreign Affairs). The grant of territorial asylum is extremely rare. Most request for territorial

 

asylum have been found to be requests for protection. This is a permanent visa, once granted,

 

permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.

 

Resolution of Status subclass 851 (Resolution of Status)

 

The Resolution of Status (RoS) visa enables persons granted subclass 785 Temporary Protection

 

visas (TPV), certain subclasses of Temporary Humanitarian visas (THV) or subclass 695 Return

 

Pending visas (RPV), or members of the same family unit of any of those persons, to be granted a

 

permanent visa with the same benefits and entitlements as a subclass 866 Protection visa.

 

Referred Stay (Permanent) 852 (Referred Stay (Permanent))

 

The Referred Stay visa is a class of permanent visa that is designed to provide protection to those

 

who may be in danger if they return to their home country as a result of providing assistance in

 

an investigation or prosecution of an alleged trafficker. This visa subclass was previously known

 

as the Witness Protection (Trafficking)(Permanent) had a name change on 1 July 2015.

 

Protection subclass 866 (Protection)

 

This visa is for people who are onshore and immigration cleared to apply for a protection visa

 

based on their refugee claims.

 

 

The Act has now been amended so that permanent protection visas are only available to a

 

person who comes to Australia with a valid visa, and then later makes an application for a

 

protection visa.

 

 

The Protection (Class XA) Subclass 866 visa is the only permanent protection visa currently

 

available under the Act.

 

 

People who claim asylum after arriving in Australia without a valid visa, overwhelmingly by boat,

 

are excluded from obtaining a permanent protection visa.