Australia welcomes Lankan migrants

Gayani PERERA

Australia being a multi national and multi cultural country that represent many ethnic nations from all over the world, has adopted certain policies in order to further attract immigrants.

The main reason for this is the fact that the Australian Government firmly believes that migration is an important factor that contributes towards boosting the country’s economy.

Even with the current world economic downturn Australian Government is committed to maintain the immigration levels as previously where skill shortages are given priority in the 2008/09 Migration Programme. The Australian Government has introduced Critical Skills Shortage List (CSL) from January 1, 2009 where the occupations on this list will be given priority in processing visa applications.

Don Katugampala, a prominent immigration lawyer, Accredited Immigration Law Specialist by Law Institute Victoria practising in Melbourne, Australia speaks on the legal requirements that have to be fulfilled with regards to immigration to Australia.

Unique pathway

“Under the country’s non-discriminatory migration programme Australia offers migration to professionals under skilled migration, businessmen and investors have the ability to apply for visa under business and investment migration and family migration is possible for families having sponsors in Australia.

The country’s student visa system is also very popular and offers students the opportunity to study in Australia and is a unique pathway for them to apply for permanent residency after completion of their studies.

To apply for a student visa, a student must have the required IELTS results and the required background eligibility to undertake study courses in Australia in a nominated or proposed educational institution.

Better chance

In addition to those requirements those who have the necessary financial ability to pay for their education and living expenses can successfully apply for student visas to study in Australia. A student visa is also considered to be a long-term strategy for migration especially for those individuals who do not possess the required qualifications to apply under skilled migration. Students who hold Australian qualifications are also awarded points under the skilled migration point system and therefore stand a better chance for migration,” says Katugampala.

Australia follows a non-discriminatory migration policy, which means that regardless of your nationality and country of origin if individuals are able to satisfy the legal requirements they will be eligible for migration according to the visa class that they apply for. Australia currently has one of the most demanding migration legal frameworks in the world, which comprises an age barrier of 45 years, skill requirements and English language requirements that require high scores in the English IELTS examination.

The challenge here is whether the Australian Government has the ability to achieve these migration numbers under the current legal framework. With these new policy changes therefore we can expect certain legal changes with regards to the migration law that will allow the Government to facilitate these numbers.

Under skilled migration the applicant has to be able to nominate a skill occupation, which is an approved skill assessment that is approved by a relevant skill authorizing body. This skill can vary from a degree, diploma, trade qualification or work experience.

In addition to the selected skill applicants must also possess work experience that is in the nominated occupation or a clause related occupation. The threshold work experience requirement includes 12 months work experience that is within the last 24 months of application.

“With regards to business and investment migration the applicant can be over 45 years of age but below 55 years of age.

Applicants applying for this type of visa should possess certain business skills, which comprise of a sole proprietor; partnership or limited company where their ownership is at least 10 per cent, and the turnover of the organisation is over A $ 300,000. Or the potential applicant can also be a senior manager in lieu of a business owner.

In addition there is a net assets requirement of A$ 300,000. Applicants applying for this type of visa should also have business plans on executing their business in Australia.

Usually we advise applicants to apply for the state sponsored business migration. Those qualifying for business and investment migration are provided with a four-year provisional visa after which certain other requirements have to be met.

Parent migration

In the event that you are senior manager of a company and have the necessary asset requirement with the genuine intention to establish a business in Australia you can still qualify to apply for the business and investment visa category. With regards to family migration applicants who marry Australian citizens or permanent residents in Australia can qualify for this category under the title of ‘spouse’.