Fact Sheet 1 - Immigration: the Background Part one
Australia's Migration Program does not discriminate on the basis of race or religion. This means that anyone from any country, can apply to migrate, regardless of their ethnic origin, gender or colour, provided that they meet the criteria set out in law.
All applications for migration to Australia are assessed against requirements set out in the Migration Act and Regulations. There are different criteria for different categories of visas and the criteria are established to meet Australia's national interests and needs. The Government determines the criteria and sets the number of people who can enter under the program on an annual basis. The policies and legislation governing migrant selection are applied equally to all applicants.
The criteria for the Migration Program is selective, choosing those applicants who meet Australia's requirements and have good prospects for successful settlement. Migrants can be selected on the basis of such factors as relationship to an Australian permanent resident or citizen, skills, age, qualifications, capital and business acumen. All applicants must also meet the health and character requirements specified by migration legislation. There are detailed rules governing entry in each migration category and selection is based on the case-by-case assessment of applications.
If a person satisfies Australia's selection criteria, he or she stands an equal chance of being selected, unless there is a cap imposed on the number of visas allocated to a particular category.
See: Fact Sheet 21 - Managing the Migration Program
All applicants for permanent entry to Australia must be assessed against Australia's health and character requirements, which are designed to exclude any person whose presence in Australia would not be in the interest of the Australian community.
See:
Fact Sheet 22 - The Health Requirement
Fact Sheet 79 - The Character Requirement
People who may be excluded from entry on character grounds include criminals or associates of criminal organisations, war criminals and any person likely to vilify a segment of the community.
Migrants are selected under the Migration Program in three streams – Skill, Family and Special Eligibility; while the Humanitarian Program offers resettlement to refugees and to displaced persons who have suffered discrimination amounting to gross violations of their human rights.
The rules for each, in general terms:
- Skill – most migrants must satisfy a point test, have particular work skills, be nominated by particular employers, have other links to Australia or have successful business skills and/or significant capital to bring to Australia to establish a business of benefit to this country.
- Family – selected on the basis of the family relationship to a sponsor in Australia-essentially spouses, fiancés, dependent children and parents who meet the ‘balance of family’ test (a test designed to give an indication of how strong the parents' family links are with Australia compared with other countries).
- Special Eligibility – covers former residents who had not acquired Australian citizenship and are seeking to return to Australia as permanent residents.
- Humanitarian – refugees and other Humanitarian Program arrivals – must satisfy the criteria concerning refugees or humanitarian cases (see below).
Migration Program
Skill stream
There is a range of visa options under General Skilled Migration (GSM) for skilled workers who want to live in Australia and who do not have an employer sponsoring them. These include options for skilled people applying as independent migrants as well as those sponsored by an eligible Australian relative or nominated by a state or territory government.
Two of the larger categories under GSM are the Skilled-Independent and Skilled-Sponsored. Entry under both categories is dependent on a points test.
The aim of the points test is to identify factors in a potential migrant that will either benefit Australia or help with settlement. The factors assessed depend on the migration category.
The Business Skills migration category seeks to attract migrants with a proven track record of success in business who will use their skills and experience by engaging in business in Australia. Such business activity benefits Australia through the creation of employment, the development of links to international markets, exporting Australian goods and services and introducing new or improved technology.
Business Skills migrants are required to obtain a substantial ownership interest in an eligible business within three years of arriving and actively manage that business.
The Employer Nomination Scheme (ENS) enables employers to nominate highly skilled personnel for permanent entry or stay to fill positions in Australia which they have been unable to fill from within the Australian labour market or through their own training programs. Employers are required to provide evidence that:
- they are actively and lawfully operating in Australia
- they have made adequate provision for training employees work relevant to the business
- they have a need for paid employees
- the position is full time
- the position is listed on a highly skilled list of occupations for ENS
- they are paying the minimum salary while meeting all relevant Australian standards and workplace legislation for wages and work conditions.
The Regional Sponsored Migration Scheme (RSMS) provides special provisions for employers in regional and low population growth areas of Australia to nominate skilled employees for permanent entry where they are unable to fill skilled vacancies from the local labour market. Any employer can participate in the scheme as long as their business is actively and lawfully operating in regional Australia (all Australia except Sydney, Wollongong, Newcastle, Melbourne, Brisbane, the Gold Coast and Perth).
The position to be filled must be of a skilled nature and the applicant is required to meet threshold skill, age and functional English requirements.
The process involves regional certifying bodies (normally a regional development organisation or a state or territory agency) certifying the existence of a genuine skilled permanent vacancy and a guarantee that the position is available for a minimum of two years.
State Specific Regional Migration
The Australian Government, in consultation with state and territory governments, has introduced a number of initiatives designed to help state and territory governments
- address skill shortage that may exist in their jurisdictions
- attract overseas business people to establish new or joint ventures
- encourage a more balanced dispersal of Australia's skilled migrant intake.
These initiatives are collectively referred to as State Specific Regional Migration (SSRM). They provide state and territory governments with the opportunity to influence the number and profile of skilled migrants settling in their areas.
State and territory governments determine the extent of their involvement in these initiatives based on their own development priorities.
In 2006-07, the outcome in the SSRM initiatives was 25 845.
See:
Fact Sheet 24 – Overview of Skilled Migration to Australia
Fact Sheet 25 – Skilled Categories
Fact Sheet 26 – State Specific Regional Migration
Fact Sheet 27 – Business Skills Migration
Family stream
The family stream allows for the migration of immediate family members of Australian citizens, permanent residents or eligible New Zealander citizens, such as spouses or fiancés and dependent children. Places are also available for other family members including parents, orphan relatives, aged dependent relatives, carers and remaining relatives.
See:
Fact Sheet 29 – Overview of Family Stream Migration
Fact Sheet 30 – Family Stream Migration – Partners
Fact Sheet 31 – Family Stream Migration – Parents
Fact Sheet 32 – Family Stream Migration – Other Family
Fact Sheet 33 – Family Stream Migration – Child
Fact Sheet 34 – Assurance of Support
Fact Sheet 35 – One-Year Relationship Requirement
Fact Sheet 36 – Adopting Children from Overseas
Fact Sheet 37 – Processing Priorities
Fact Sheet 38 – Family Violence Provision
Fact Sheet 39 – Contributory Parent Category Visas