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7 - Skill-based visas

Published online by Cambridge University Press:  05 June 2012

John Vrachnas
Affiliation:
Deakin University, Victoria
Kim Boyd
Affiliation:
Deakin University, Victoria
Mirko Bagaric
Affiliation:
Deakin University, Victoria
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Summary

Overview

In addition to business and investment visas considered in the previous chapter, the migration legislation further meets the government's policy aim of strengthening the economy by providing for various temporary and permanent visas that are dependent on the applicant having certain qualifications and/or occupational skills and, for some visas, a willingness to reside and work in regional areas that are prescribed by Gazette notice. The temporary categories are discussed in the following chapter.

There are three sub-categories in the skills stream of permanent visas: general skilled, employer nominations and distinguished talent. A fourth sub-category related to business skills (rather than ownership) was discussed in the previous chapter. In addition, there are two temporary skilled subclasses that are precursors to obtaining permanent residence.

Visas based on qualifications and/or occupational skills

Visas based on skills have two streams: the independent category and the Australian-sponsored category. Each has provision for onshore and offshore applications. There are some terms and concepts that are integral to understanding the relevant criteria. These are:

  1. Skilled occupation: This term is the basic building block of skilled visa applications. It ‘means an occupation that is specified by Gazette notice as a skilled occupation for which a number of points specified in the Notice are available’. Visa applicants must nominate a skilled occupation in their application and provide an assessment of that occupation by a relevant assessing authority (see below).

  2. […]

Type
Chapter
Information
Migration and Refugee Law
Principles and Practice in Australia
, pp. 101 - 116
Publisher: Cambridge University Press
Print publication year: 2008

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