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Attention SIR Visaholders! Evidence Required by the DIMIA When Applying for Permanent Residency
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| Author: |
Alan Collett |
| Date: |
Sunday, August 14, 2005 |
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The Skilled Independent Regional visa (subclass number 495) is a provisional skilled visa which was introduced by the Department of Immigration on the 1st of July 2004.
Because it has a lower points pass mark the SIR visa is easier to obtain as compared with the Skilled Independent permanent residency visa, and is being increasingly promoted by the Federal and State/Territory Governments in Australia in an effort to encourage the settlement of migrants in areas other than Sydney, Melbourne, Perth, and Brisbane.
As discussed in more detail here the SIR visa has a condition placed upon it (an 8539 condition) which requires that while the holder of the visa is in Australia, he or she must not live, study or work outside a regional or low growth area of Australia.
So what documentary evidence will be required by the Department of Immigration when SIR visaholders apply for permanent residency in due course to confirm their compliance with the 8539 visa condition? DIMIA Policy reads as follows:
Visa 495 holders should retain evidence to confirm that they have complied with the conditions of their visa while in Australia ie that they have worked and resided in a regional or low-population growth area. Evidence includes, but is not restricted to, rental receipts, rate notices, pay slips, tax assessments, school enrolments, club membership. This evidence will be required at the second stage, when they apply for a permanent visa.
The Department's Policy Guidance is supported by details on the DIMIA website here, which notes that applicants for a permanent visa will be required to demonstrate they have met the requirements of the 8539 condition as follows:
How do you show that you have lived in regional Australia for two years?
If you are a Skilled Independent Regional (Provisional) (subclass 495) visa holder applying for a permanent visa ... documents to confirm your residence may include, but are not limited to:
- title deeds to your residential property
- school reports
- leases
- bills, such as telephone, gas, electricity that show your residential address
How do you show that you have been employed in regional Australia for at least 12 months?
If you are a Skilled Independent Regional (Provisional) (subclass 495) visa holder applying for a permanent visa ... you need to show that you have been employed, including self employment, in regional Australia or a low population growth metropolitan area for at least 12 months.
There is no restriction on the type of work that you may undertake. The only restriction is that the employment:
be 'full-time'
and
undertaken in a regional or low population growth metropolitan area in Australia.
The Australian Bureau of Statistics defines a 'full-time position' as one in which employment is normally for 35 hours a week. There may be some occupations, however, where full-time employment is for less than 35 hours a week. If this is the case for your occupation then you must provide details. Any employment that is less than 30 hours a week will not be regarded as full-time.
Generally, you would only need to send a work reference/s as evidence of your employment. If sending a work reference:
- it must be written on the official letterhead of the company or government department providing the reference
- the letterhead should indicate clearly the full address of the company and any telephone, fax numbers, e-mail and website addresses
- the name and position of the person authorised to sign the employment reference should be typed or stamped below that person's signature – a reference with an illegible signature will not be accepted
- the direct contact number of the person writing the reference should be included in the letter
- the letter should indicate the exact period of employment, including whether permanent or temporary, full or part-time, position(s) held, the main five duties undertaken, and the salary earned: positions should not be described by generic titles (eg research officer, public servant) but according to the nature of the duties undertaken (eg research chemist, accounts clerk)
- a payslip from your current employment should also be included; this is especially important if you have been working in government departments.
Other documents which may confirm your employment include, but are not limited to:
- contracts
- pay slips
- tax returns
- group certificates
SIR visaholders should therefore retain documentation of the type noted above from the date they arrive in Australia.
Summary
Most SIR visaholders will be planning to apply for permanent residency two years after they have lived in Australia. They should therefore plan ahead by ensuring they retain documentation of the type noted above so they can confirm their compliance with visa condition 8539 in due course.
As always, please contact us if you are a SIR visaholder (or are planning to apply for this visa) - we will be delighted to assist.
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