Skilled Migration Australia - Mygration
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FAQ

The answers to all your questions

Mygration provides the best migration advice within a timely and efficient manner. We will assist you with all your migration needs. From Skilled Migration Australia to a Working Visa in Australia we will help make your move a smooth and hassle free experience.

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Families

Can I lodge an application for a partner visa if I am in Australia on a visitor visa?

If your current visa was granted with a ‘no further stay’ condition you will not be able to apply for or be granted any further visitor visa while you remain in Australia unless you meet very limited and specific criteria which allow the ‘no further stay’ condition to be waived.

Can you guarantee the approval of my application?

By law migration agents cannot guarantee the outcome of any application for a visa made to the DIAC on behalf of its clients. Only the DIAC, by way of its delegated officers, can determine the outcome of a visa application.

How long will it take to process my visa application?

Processing time for individual applications will vary and is dependent on a number of factors, including the complexity of the case, the planning levels and priority for the visa category and the number of applications lodged.

Once an application is lodged the case officer dealing with the application will be able to give an estimated processing time taking into account the application’s complexity and the processing times for comparable applications.

What does it cost to apply for this visa?

You will be provided a full quote of all the costs involved for processing your application. Other costs which will be charged by external sources include: Visa application charges/Medical costs/Character costs etc.

What happens if I do not marry my fiancé (e) after Prospective Marriage visa grant?

If you do not marry your fiancé (e) within the 9-month period of the Prospective Marriage visa, you may not be able to remain in Australia and apply for a Partner visa onshore. Your Prospective Marriage visa would have been granted to you on the basis that you were assessed as genuinely intending to marry your fiancé (e). If you do not travel to Australia and marry your fiancé (e) within the 9-month period of the visa, it may be cancelled and, if you are in Australia, you will have to leave the country.

Who can I include in my application as a dependant?

Generally, you can include your dependent child in your partner category visa application before you lodge your application.

You need to meet further criteria to include other certain dependants which need to be assessed.

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Work Visas

Can I add my family members after my application has been lodged as certain circumstances did not allow them to be included when the application was lodged?

If no decision has been made on your visa application, you may include your family members as part of your visa application after lodgement.

Can I include my family as dependents in my work visa application?

Your application may cover a family unit, namely a main applicant and, if applicable, your partner and dependants. It is important to note that your dependants must satisfy health and character requirements before your application can be approved.

Can I lodge my visa application before my nomination is approved?

You may lodge a visa application before the employer nomination is approved. However, should the employer nomination be refused your visa application will then also be refused. The visa application charge is not refundable.

Can I sponsor an employee if I operate a company outside Australia?

Yes you may. You do however need to meet all the requirements for a standard business sponsor operating outside Australia.

Can my boss sponsor me for a position as a cleaner?

The occupation that you are being offered sponsorship for must be an occupation listed on the new Consolidated Skills Occupations List (CSOL) and must meet certain requirements.

If your boss wants to sponsor you with an occupation that is not on the CSOL list, the sponsorship must be done under a labour agreement and not a standard business sponsorship agreement.

Can my employer apply for a Standard business sponsorship to sponsor me if the company started trading within the last 5 months?

Businesses that have been legally established but do not have any business activity will not meet the requirement to be actively operating. The employer must demonstrate that their business has been actively operating for a period of at least 6 months before lodging a nomination.

If my boss wants to sponsor me, can I apply for any sponsorship visa?

Each type of sponsorship visa has separate eligibility criteria which you need to meet. We will be able to assess your eligibility and advise you of the correct visa subclass to apply for.

If my occupation is on the CSOL list, can I lodge an application immediately for a 457 temporary visa?

A 457 visa application must be applied for in three stages. You must have a standard business sponsor who must nominate you for the position then you can apply for the visa application.

What happens if I apply for a visa in Australia and it is not approved by the time my current visa expires?

If you are in Australia when you apply for the subclass 457 visa and your current substantive visa expires, you will be granted a bridging visa. This visa will allow you to remain lawfully in Australia while a decision is made on your subclass 457 visa application.

What happens if my visa is not approved and I need to travel out of Australia urgently?

If you need to travel overseas while you are on a bridging visa, you must advise your agent who will apply for a bridging visa B which will allow you to return to Australia.

What happens if my visa is refused?

If your subclass 186 ENS or subclass 187 RSMS visa application is refused and you wish to seek review of the decision, you may be eligible to do so through the Migration Review Tribunal (MRT)

What happens when my ENS or RSMS visa is approved?

If your visa application is approved, you will be advised in writing of the decision. Your permanent resident visa will be valid from date of grant for 5 years, for an indefinite period of stay. You will not be required to have a visa label in your passport.

What is a Labour Agreement stream?

A labour agreement is a formal agreement between an Australian employer and the Australian government which allows for the recruitment of a specified number of skilled workers from overseas in response to identified skills shortages in the Australian labour market.

What is the ‘market salary rate’?

This is the rate of salary that you currently pay your Australian workers in your organisation that perform the same duties and position as the potential visa applicant you wish to sponsor.

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Skills point based migration to Australia

Can I lodge an Expression of Interest if I am still outstanding a few critical documents?

For the points based skilled migration programs or skilled migration in Australia, such as the independent skilled program, you will be ranked according to your score on the appropriate points test. You will be able to complete an EOI even if you do not meet the pass mark, however, you will not be eligible to be invited to apply for a visa.

Do I have to pay to lodge an Expression of Interest?

There is no fee to lodge an EOI.

How long do I have to wait after lodging an EOI on skills select?

Once you submit your completed EOI, you will receive a confirmation notification from Skill Select. Your EOI will then remain in Skill Select for a maximum of 2 years.

You can also access your EOI and update your information at any time. You may wish to do this if you have gained new work experience, gained a higher qualification, improved your English language ability and/or changed your family composition.

If you provide updated information which changes your points score or your ability to make a complete EOI, Skill Select will update your ranking and ability to be considered for an invitation automatically.

If I have an occupation that is on the current SOL list can I apply for a skills visa?

You can only apply for skills points based visa if you have been invited by the Department of Immigration to apply for the specific subclass of skills visas. To be invited, you need to meet certain criteria before you lodge and Expression of Interest (EOI).

What do I do after lodging an Expression of Interest to be considered under the Business Innovation and Investment categories?

State or territory governments will identify and select skilled business people or investors they may wish to nominate. State or territory governments may assess people to meet their needs before they nominate them. If you are nominated by a State or Territory Government and you have indicated that your points score is above the current pass mark, you will receive an invitation to apply from the Skill Select system.

What happens after I lodge an Expression of Interest?

Depending on what type of visa(s) you are interested in, you may receive an invitation to lodge a visa application, or an Australian employer may contact you to discuss employment and sponsorship opportunities.

What if I do not meet the criteria?

If you are not able to satisfy these requirements, you will NOT be eligible for Points Based Skilled Migration. You might be eligible for another subclass of visa.

What is an Expression of Interest (EOI)?

It is important to remember that the submission of an EOI is not an application for a visa.

If you are interested in the following visa programs, you will need to submit a complete EOI and receive an invitation before you can apply for a visa.

What is Skills Point Based Migration?

The General Skilled Migration Program (GSM) is for professionals and other skilled migrants who are not sponsored by an employer and who have skills in particular occupations required in Australia.

What is skills select?

Skill Select is an online service that enables skilled workers and business people interested in migrating to Australia to record their details to be identified for a skilled visa through an expression of interest (EOI). Australian employers or state and territory governments use this online service to find skilled applicants for employment and sponsorship. All applicants who meet the criteria could be invited by the Australian Government to lodge a visa application.

Expression of Interest (EOI)

An EOI is an online form which allows you to lodge an expression of interest in applying for a skilled visa. Only if you are a genuine applicant intending to migrate to Australia, you can lodge a points tested skilled or business innovation and investment visa application once you have submitted a complete EOI and have subsequently received an invitation from the Minister of Immigration to apply for a visa. You may also lodge an expression of interest in other visa programs such as the employer sponsored visa programs (EN/RSMS) and be found and contacted by an employer to discuss employment and sponsorship opportunities.

Important: An EOI is not a visa application, it is an indication that you would like to be considered for a skilled visa.

What must I do if my documents are in my native language?

Documents in languages other than English should be accompanied by an English translation. If the applicant is onshore, the translation should be undertaken by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). Failure to do so may significantly affect the processing of your application. Translations provided by non-accredited translators overseas should be endorsed by the translator with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

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Student

After I am granted my student visa and arrive in Australia, can I start work before my course commences?

No. You cannot start working unless your course has started. Any family members, who want to work, must do so only once your course has begun.

Can I come to Australia and apply for my first student visa while I am there?

Students from countries who are ranked as Assessment level 1 can apply for their student visa inside or outside Australia. For Assessment level 2-4 students, the initial application must be made offshore (outside Australia)

Can I enrol in a part time course in Australia as an International student?

No. To be eligible for a student visa for Australia, you need to be enrolled in a full time course with a CRICOS registered education provider

Can I enrol with any school?

Before applying for a student visa, you must have been accepted for full-time study in a registered course in Australia. A ‘registered course’ is an education or training course offered by an Australian education provider registered to offer courses to overseas students on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)

Do I need Overseas Health Student Cover?

Yes, all international students must have adequate overseas health cover unless your country has a health cover arrangement for its students.

How do I know which subclass number I need to apply under?

There are different types of subclasses of student visas. These depend on what type of study you will be doing in Australia. For the correct subclass number view the following visas to select the correct one. My Student Visa Subclasses.

How long is my OHSC (overseas health student cover) valid for?

Your OSHC policy covers the entire length of your visa or your visa may only be granted until the expiry date of your OSHC.

How many hours am I allowed to work while I am studying?

You and any accompanying family members can work a maximum of 40 hours per fortnight when your course is in session and unlimited hours when your course is not in session (during term breaks).

What assessment level am I?

This depends on which passport you hold for that country. To determine your assessment level view the assessment level list http://www.immi.gov.au/allforms/pdf/assessment-levels.pdf

What is a COE?

A CoE is known as a confirmation of enrolment which you receive from a registered training organisation in Australia. You need this evidence to apply for your student visa.

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