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The Skilled Independent Regional Visa - Requirements of the New Visa and The Pathways to Permanent Residence
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| Author: |
Alan Collett |
| Date: |
Sunday, August 22, 2004 |
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There has been a lot of excitement about the new regional skilled visa (the Skilled Independent Regional visa, or "SIR" visa). However, it is only a provisional visa (valid for 3 years), and there are conditions to be met before one can apply for permanent residency. Indeed, intending applicants for the new visa should be aware that there is no guarantee of permanent residency via the SIR visa pathway.
First, the visaholder (and all members of his or her family who were granted a SIR visa) must adhere to the conditions placed on the visa, including new condition 8539 which requires that the visaholder must not live, study, or work in a "non-Gazetted" area of Australia.
Gazetted areas in which the visaholder can live, study, and work are as follows:
New South Wales
All except Sydney, Newcastle, the Central Coast, Wollongong
Gazetted Postcodes: 2311 to 2312, 2328 to 2333, 2340 to 2411, 2428 to 2490, 2536 to 2551, 2575 to 2594, 2618 to 2739, 2787 to 2898
Queensland
All except Brisbane metropolitan area and the Gold Coast
Gazetted Postcodes: 4301 to 4899
Victoria
All except Melbourne metropolitan area
Gazetted Postcodes: 3139, 3212 to 3334, 3340 to 3424, 3430 to 3649, 3658 to 3749, 3753, 3756, 3758, 3762, 3764, 3778 to 3781, 3783, 3797, 3799, 3810 to 3909, 3921 to 3925, 3945 to 3974, 3979, 3981 to 3996
Western Australia
All except Perth metropolitan area
Gazetted Postcodes: 6041 to 6044, 6121 to 6126, 6200 to 6799
South Australia
Entire State
Tasmania
Entire State
Northern Territories
Entire State
Note: The ACT is a non-gazetted area
The documentation the Department of Immigration will require to prove compliance with the 8539 condition when a SIR visaholder is applying for permanent residency remains to be seen - we have raised this issue with representatives from the Department and we will report back with details on Go Matilda News as soon as we learn of the evidence required in this regard.
A SIR visaholder can then apply for a permanent residency once he or she has lived in one of the above areas for at least 2 years in the last 3, and has worked in one of the above areas for at least 1 year in the last 3.
There are three pathways to permanent residency for Skilled Independent Regional visaholders, which are as follows:
- A Skilled - State Territory Nominated Independent visa, subclass number 137
- A Regional Sponsored Migration Scheme application, subclass number 857
- A State Territory Sponsored Business Owner visa, subclass number 892
The Skilled - State Territory Nominated Independent Visa
It is anticipated that this will be the main pathway to permanent residency for SIR visaholders. Applicants for this visa will not need to meet the basic requirements for skilled visas in respect of age, a skills assessment classification, recent work experience, points test, or vocational English, but will be required to obtain a State Nomination.
At the present time the only States with State Nomination programs operating are SA, VIC, and TAS, and therefore we would encourage intending SIR visa applicants to exercise caution if they are considering a move to other States or Territories that are involved in the SIR visa program.
At present our understanding is that a State Nomination from SA and from TAS will be possible for a SIR visaholder who has worked in any occupation, but that the other States have not made their position known.
As an example, if a SIR visaholder is employed in a milk bar for 12 months he or she can reasonably anticipate a State Nomination if the milk bar is located in South Australia or Tasmania. If the employment is in regional Victoria, regional Queensland, regional Western Australia, or regional New South Wales the position is far from certain => if you are considering a move to one of these locations we strongly recommend that you clarify the position of the State to which you intend to apply for a SIR visa sponsorship in respect of a subsequent State Nomination.
The Regional Sponsored Migration Scheme
This visa pathway is available where an employer in a regional or low growth area of Australia is able and willing to sponsor an individual for permanent residency. It requires the employer to demonstrate to what is called a "Regional Certifying Body" that:
- the position is a genuine full-time vacancy which is available for at least two consecutive years
- it requires qualifications equivalent to at least Australian diploma level (this includes trade certificates)
- the position cannot be filled from the local labour market
- employment and remuneration is in accordance with Australian industrial laws, and
- there is, or will be, an employment contract or letter of appointment covering the position.
The State Territory Sponsored Business Owner visa
This visa pathway is applicable to those SIR visaholders who have set up or acquired part ownership of a business. The requirements of this visa are discussed here.
If you are intending to apply for the new SIR visa we recommend that you are clear as to the requirements you will have to satisfy before you can attain permanent residency status in Australia.
Go Matilda will be delighted to assist if you are considering an application for a Skilled Independent Regional visa, and if you think you might like some formal assistance please contact us for a free initial discussion.
And finally ...
- The migration legislation presently allows for one renewal of a SIR visa if the visaholder has not been able to meet the requirements for the grant of a permanent residency visa at the expiry of the initial SIR visa.
- You should be aware that children of SIR visaholders may not be entitled to free schooling. Certain States (eg SA) have said that children of SIR visaholders attending schools will not pay fees, but this should be checked at an early stage.
- There is no entitlement to full Medicare for SIR visaholders. Energency treatment is available to those who move to Australia from a country with which Australia has a Reciprocal Health Care Agreement - see here for more details. We therefore believe it is prudent to look into the cost and availability of private health cover - contact us for details of the consultants with whom we work who can advise you in this regard.
- Certain tax exemptions may be available to holders of a SIR visa. Again, please contact us for details of how we might advise in this area.
- A SIR visa is a temporary visa, and as such visaholders will usually need the consent of the Federal body called the Foreign Investment Review Board before they can acquire real estate. The FIRB's website is here.
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