Migration - What You Need To Know About When Selling A Business
Copyright (c) 2013 Chris Panagiotidis
What are the basic requirements for migration under the skilled visa categories?
- Your nominated occupation should have been assessed by the relevant Australian assessing authority as suitable for migration
- You should have satisfied the English language requirement
- You should have no less than 12 months work experience in the past 24 months (unless you have obtained an Australian degree, diploma or trade as a result of a minimum 2 year study in an accredited school or university in Australia within the past 6 months)
- You should be no more than 45 years of age for migration under the skilled visa.
In addition, you need to pass a point test to be successful.
Do I need good English language skills to qualify for skilled migration?
You will need to demonstrate at least competent English to qualify for skilled migration, unless you apply under the Skilled Regional Sponsored category. Unless you are a native English language speaker; or you nominated a Trade occupation; or have completed a degree, diploma, trade qualification in Australia as a result of 2 year study; or worked legally in Australia in a skilled occupation for at least 2 years, you will need to sit for the ILETS test of English language ability.
I am over 45 years old. How do I qualify for migration to Australia?
If you are aged over 45, you are not eligible to apply for skilled migration. However, you could consider any one of the following options:
If you have a spouse, your spouse can be the main applicant if she/he is under 45. If you have an Australian eligible relative, you can get 25 points for relationship if your relative/sponsor lives in a designated area of Australia.If you have had an overall successful career in business, you can look at your eligibility for some type of business visa to Australia.If you have an Australian spouse, or eligible New Zealand citizen, you may be able to apply under partner migration.If you have children who are Australian permanent residents or citizens and they are living in Australia or an eligible New Zealand citizen, they may be able to sponsor you for a parent visa.There is no age limit for temporary residence through business sponsorship and you can qualify for permanent residence through business sponsorship if you have evidence that a person of your level of skill and experience who is under 45 is not easy to find. There are a number of other visas which do not have age restrictions on them.
Can my application be refused by the Department of Immigration? Yes, it can. Applications can be refused due to insufficient supporting documentation or technical errors. The best way to prevent this would be to seek the professional advice of a migration consultant before lodging your application.
Will the Department of Immigration help me make sure that my application is correct before applying? No. Basic information, relevant forms and application forms are available on the DIAC'S website. However, only a registered migration agent can assist you in preparing for your application to the Department of Immigration.
What is a permanent resident? It is a right and a privilege for you to live permanently and work or study in Australia. You may be entitled to some special benefits as well, but you must be a resident of Australia for a minimum of 2 years before qualifying for social welfare assistance. You are not permitted to vote as a permanent resident in Australia. After 4 years, you can apply for citizenship, entitling you to an Australian passport and allowing you to enjoy the benefits of being an Australian citizen.
Will the Department deal directly with my migration agent? When you appoint an agent to act on your behalf, the department will do the following:
Discuss your application with your agent and seek further information from them.Send any written communication about your application to your agent (that is, they will become your 'authorized recipient').Regard any written communication sent to the agent as being received by you.
Am I allowed to travel or work in other countries after I obtain permanent residency? Yes. You will have a multiple entry visa for five years to come in and out of Australia. After this, if you have not obtained your Australian citizenship, you will need to apply for a Resident Return Visa before you depart Australia.
Why do Australian immigration policies change frequently and how can I get updated information? The immigration policies are often reviewed and the Minister for Immigration can make changes at any time. It may be based on how the Immigration system is currently running or its effects on the Australian economy and labor market.
How long does it take to get a visa? In most cases, the processing time for migration may take 50 weeks for skilled visa categories, however, the waiting period mainly depends on the type of visa class you are applying under, or on the volume of cases received by the Departmental officer
Once my visa is approved, how long before must I enter Australia? Your arrival in Australia must be within a year from the date of obtaining your medial result.
Is there any government assistance to new immigrants? New immigrants have to wait for 2 years to be eligible for full government assistance, however, they will be eligible immediately to free Medicare and education fees similar to an Australian citizen. However, in special circumstances, you may be entitled to some special welfare assistance.
How am I eligible to apply for migration after the completion of a course in Australia? To be eligible to apply for a permanent residency visa, overseas students must complete a course of diploma level or higher in Australia for at least two academic years of full-time study. They have to apply for the visa within 6 months of completion of the course. Students who may be short of points can explore other options i.e. do a professional year in Australia before applying.
I would like to visit Australia before I lodge a business migration application. Can I arrange a temporary business visit? Yes. In fact, it is highly recommended that you should apply to visit Australia and explore business opportunities first- with the help of a business broker - before considering to apply for a business migration visa.
Migration Agents - How can I find them? The Office of the MARA website has a list of all agents with a valid registration. Go to 'Find an Agent' and search by Personal Details (that is, Family Name, Given Name or Business Name) or Location Details (that is, Postcode, Suburb or Country).
The Office of the MARA website also provides information on:
1. How to choose a migration agent
2. What it costs to use an agent
3. What to expect from an agent
4. Making a complaint about an agent
5. What the Office of the MARA can and cannot do for you
6. Sanctioned agents
7. Lapsed agents
About the Author
Chris Panagiotidis was once a business owner before becoming a business broker and can relate on how a small business owner may feel when they are thinking of selling there business. This article describes how migration can play a big impact on the sale of your business and what you need to know to qualify. For more information visit http://absolutebusinessbrokers.com.au
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