Top 10 reasons to move to Australia in 2021-22

We recently conducted a survey with our clients and asked them the top 10 reasons what they decided to move to Australia.

1. A beautiful country

The country is naturally very beautiful. You have the option of swimming at the sandy beaches or go bush walking in one of the 500 national parks. You could even go skiing during the winter months. The cities are well planned and organized with infrastructure that will support Australia’s population growth.

2. Multicultural Society

Australia is a multicultural and multiracial and this is reflected in the country’s food, cultural practices and lifestyle. Approx 45% of Australians were born overseas or have a parent that was born overseas.

Contrary to the media hype, Australia is actually a very racially tolerant country.

The diversity of cultures creates an environment that is innovative, energized and outward looking.

3. Fresh Air

Australia’s air pollution is one of the lowest as rated by the World Health Organization. The health benefits of this are not to be undermined. A healthy and safe environment is the foundation of a good standard of living.

4. Climate

Australia’s climate would be considered mild. We do get our fair share of sunshine. Many of our European rate this is the main reason to live here. Australia experiences all weathers in moderation and doesn’t have any major extremities.

5. Job opportunities

Australia has very low unemployment (approx 6%). Most of our clients also say that the working environment is very chilled out compared to their home country. The skilled occupation list mentions all the industries which need workers to grow. It’s a clear indication of the booming job availability.

Read more on How to find a Job in Australia.

6. Great opportunities to study

Australia has a number of study options for international students. We have over 1,200 institutions and our institutions are rated among the best in the world. Generally the cost of studying in Australia is cheaper than the USA or US. Moreover the government gives an Education loan (HECS) to cover the full education of every resident/ citizen of Australia.

7. Health Care

Australia has basic health insurance covered by the government (Medicare); private health insurance options are also available. Needless to mention, Medicare is considered one of the most efficient health care systems in the world.

8. Quality of life

Australians are known for the laid back lifestyle. We are very friendly and do enjoy spending our spare time playing sports or relaxing. The work hours are lower compared to many countries and the quality of life is incomparable.

Australia has been ranked as the second-best country in the world for its quality of life by a UN report that assessed economic, education and life-expectancy data. (READ MORE).

9. Stable government and fair legal policies

Our government is very stable with elections held every 3 years. The legal system is fair as everyone is treated equally. Our crime rate is very low compared to majority of other developed countries.

10. Low population density

We have the lowest population density of any continent in the world with only 6.5 people per square mile. This simply means abundance of resources for everyone.
Now, ask yourself: Why would you not live in Australia?

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NOTE: The information provided in this blog can not be construed as “legal advice”. You should not act based on the information provided here without consulting a registered MARA agent. Migration law is complex and changes very frequently, while we ensure our content is accurate, we can not vouch for how concurrent it is. To clarify any of your doubts call us on +61 2 8815 8135

The post REASONS TO MOVE TO AUSTRALIA 2021-22 first appeared on Path Migration and is written by bhavesh

The new changes in South Australia’s Skills Migration program came into effect from 20 July 2021. Therefore, applications for 190 and 491 state nominations are now open for the financial year of 2021-2022. This is a brief guide on who can apply for this, the streams under which the applications are taken into account, and finally an outline of the application process.

In this financial year, South Australia has been allocated a total of 2,600 places for 190 and 491 nominations. In addition to that South Australia is accepting applications from anyone residing in South Australia, outside of South Australia and also from individuals living overseas. Therefore, with a higher number of places and residency flexibility, there are much higher chances of a nomination from the South Australian Government.

Regardless of the flexibility, you skill need to meet the silks requirements, along with various other requirements, to be eligible for applying into 190 and 491 nominations. Some of the fundamental requirements are outlined in the following table:

One can apply for 190 and 491 nominations, under one of the following streams.

• Stream 1: Talent and Innovators Program

• Stream 2: Currently living and working in South Australia

• Stream 3: International Graduates

These are priority streams in the South Australia’s Skills Migration program, designed to attract the right talent and skills. To understand which stream is the most suitable for you you can have a look into the brief specifications of each stream discussed below.

Stream 1: Talent and Innovators Program

If you are currently residing in South Australia, outer regional areas of South Australia or outside of South Australia, it is worthwhile considering this program for your pathway to achieving residency in Australia. The state will nominate an applicant under one of the following five streams.

• Employment Stream: This stream is applicable for individuals who are already working in a south Australian Business, and can prove they are highly skilled.

• Outer Regional South Australia workforce Stream: If you are currently working for an outer regional South Australian, and believe that you may not be eligible for a state nomination, then this stream is the perfect opportunity for you to apply. This allows your application to at least be considered for a state nomination.

• Startup and Small Business Stream: This is targeted for the migrants with entrepreneurial skills. Therefore, if you have already established a business in South Australia, this stream would allow you to be considered for state nomination.

• High Performing Graduate Stream: If you have completed your studies in South Australia with high performance then this is a stream you might want to consider.

• Independent Talent Stream:  If you are an individual who possesses high calibre then this stream allows you the opportunity to be considered for state nomination.

Apart from taking into account the above five streams you must also be aware that you should be fulfilling all the requirements set by the state for the state nomination and the requirements set by the Department of Home Affairs for subclass 190 and 491 visas.

Although the Talent and innovators Program is not accessible for individuals living overseas, it is always recommended to keep an eye out for any future changes.

Finally it is important to note that the Talent and Innovators Employment Stream is the only stream that is applicable for individuals living in Australia, which is not necessarily limited to the geographical bounds of South Australia. However, all other Talent and Innovators streams are open to people living in South Australia.

Stream 2: Currently living and working in South Australia

Under this stream, there are a variety of concessions and waivers that you may be eligible for depending on the factors listed below.

• The first thing to consider is the total duration of your stay in South Australia, which includes both residing and working here.
• The occupation that you have nominated.
• Whether or not you are residing and working in outer regional South Australia.

The underlying requirements depending on the residency status are discussed below:

• Currently living and Working in South Australia: If you meet the following requirements then you are eligible to apply for state nomination. The requirements include:

• A minimum of 20 hours per week work experience or 40 hours per fortnight work experience is required for the occupation you are seeking nominations for. The total duration of the work experience depends on the occupation itself.
• Generally, for subclass 491 nominations a minimum of 6 months  work experience in South Australia is required, but do keep in mind that this requirement may vary for your specific occupation.
• In case of subclass 190 nominations, the minimum work experience is 12 months in South Australia, again for your specific occupation that may vary.

• Currently living and working in regional South Australia: You might be eligible for a few concessions  to the work experience.

• • • Regardless of an occupation listed on the Skilled Occupation List or not, if you have been living and working in outer regional South Australia for at least 12 months then you are eligible to apply for subclass 491 visa nomination.
    • Similarly, if you have been living and working in the regional South Australia for at least 24 months then you are eligible to apply for subclass 190 visa nomination.

• Currently living and working in South Australia as a long term resident: A resident is classified as long term if they have been living for 3-5 years depending on the visa category. If you are a long term resident then you can apply for subclass 491 nomination, except for when your salary is a minimum of AUD 80,000.

The best aspect about this stream is the work flexibility awarded to you, because you don’t necessarily have to work under the occupation that you have nominated. But you must keep in mind that your work experience must at least qualify for skill level 1,2 or 3. Occupations with a lower skill level are unfortunately not eligible for this stream.

Stream 3: International Graduates

In order to apply under the International Graduate of South Australia (SA Graduate), one needs to satisfy the following conditions.

• The course needs to be CRICOS registered and the minimum duration of the course is 46 weeks.
• At least 50% of the course qualification needs to be finished in South Australia.
• During the period of your study, you need to stay in South Australia for at least a year.
• After you have completed the course you have continued to stay in South Australia.
•  As a South Australian graduate, you have to meet the work experience requirements for your nominated occupation.
• Additionally, you need to be working a minimum of 20 hours per week or a minimum of 40 hours per fortnight, in the occupation that you have nominated or in the field closely related to the nominated occupation. In case you have been working part time (i.e. less than 35 hours per week) then you may be eligible to apply for subclass 491 nomination.
• It is important to keep in mind that any research work undertaken as a part of a Doctorate program will not be considered as skilled work experience.

If you are applying through the Talent and Innovators program-high performing graduate stream, then as a South Australian graduate you may apply for waivers for work experience. If you are working as a care worker or a support worker, then you may be eligible for waivers for skilled work experience.

Offshore Applicants

If you are currently living outside of Australia, then you may check if your nominated occupation falls under the critical skills sets. Due to the recent changes, particular trade and health occupations are on the list that are open to applications from offshore applicants.

Application Process

• The first step is to submit an Expression of interest (EOI) in Skillselect. Over there it is very important to select the correct state, which is South Australia for the above discussed streams.
• Once you have provided the EOI, you then need to apply for the nomination directly through the South Australian Government website.
• Finally, if your nomination has been approved, you need to apply for the visa with the Department of Home Affairs, with 60 days of nominations approval date.

This application process although appears pretty straightforward, however, understanding what papers to include and which category or streams gives your application the best chance of success can be a very complex and overwhelming process In addition to that these processes are very time sensitive, therefore, you must always be vigilant regarding anything that might be asked of you and provide those documents on a timely basis.

At Path Migration, we have dealt with any applications for South Australia state nominations and have always had a successful application. We take the time to carefully go through our clients’ documents and personal circumstances so that we are able to put forward an application that gives you the best chance of success.

Not only have we helped with applications for current students and recent graduates, but we have also assisted set up businesses in Australia for offshore applicants. We have also had a good many experiences with skilled individuals seeking permanent residency by highlighting how their work experiences are so well related to their current occupation and the occupation nominated.

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

You may also be interest in: 

• New South Wales Skilled Migration Program for 2021-2022

• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream

• Australian Business Innovation and Investment Program

• Global Talent Independent (GTI) Program: the versatile migration pathway

The post South Australia’s Skilled Migration Program for 2021-2022 first appeared on Path Migration and is written by sonal

If you are an employer, who needs to hire foreign workers then this is a brief guide on how sponsorship works.

Business Sponsorship

First you need to ensure that your business satisfies the “good standing” condition.

As an employer, you need to ensure that you have an Australian business and it has been ‘actively operating’ for a minimum of 12 months in Australia. Additionally, you need to provide the following pieces of evidence:

• You need to show that your business has the financial solvency to be able to support the sponsorship. This should be documents from a chartered or certified practicing accountant.  Documents that would be required to be provided will include:
  • Business Activity Statements
  • Financial Accounts
  • Tax returns, and
  • A support letter from your accountant.
• You need to include documentation that verifies that your business has always been fulfilling legal obligations by the books, not broken any law or currently under investigation for breach of any law.
• The business has consulted appropriate industry stakeholders to justify their foreign employee needs.
• It’s quite crucial that you don’t provide any misleading or incorrect information regarding your business.

At Path Migration, our lawyer will review your current financial documents and ensure that the case presented to the Department of Immigration satisfies their particular requirements.

Australian Employer Sponsorship under the 482 is quite complex and we recommend you discuss your company’s eligibility with our expert lawyers.

Nomination requirement for the 482 visa

Once the business has achieved sponsorship, then your business needs to meet a certain minimum requirement to be eligible for business nomination.

The particular requirements for each business is different and is also dependent on the type of position the employer would like to sponsor. For example, if you intend to sponsor a marketing individual, the minimum turnover of the business should be AUD1.0 million and the employee should be paid a minimum salary of AUD65K.

The team at Path Migration have assisted many clients applying for the 482 visa occupation including; IT professionals applying for the 482 visa; architects applying for the 482 visa and many other professionals.

Certain occupations under the 482 visa category require the visa holder to have registration. This is critical for medical professionals such as nurses, doctors and dentists. Depending on the occupation, exemptions can apply if the visa holder is directly working under a registered professional.

Other Visa options for Sponsoring Skilled Employees

This is a brief outline on visa type, and what skills and qualifications are required to apply for it.

Another important criteria for the nomination application is that sponsors need to select the most appropriate Skilled Employees visa that yields the highest mutual benefits for your business and your employees.

The sponsor must advertise the position on a number of different platforms; we recommend Seek, Indeed and Jobactive. The job placements must include the salary for the position and the duties. This labour market requirement is a requirement for all nomination applications as it demonstrates that the employer has made efforts to employ an Australian Citizen.

Labour Agreement 

The labour agreement is another pathway that employers can consider to employ foreign workers. The labour agreement is more complex but does allow the employer more flexibility in hiring foreign employees.

Your request must show that your company is in need of specific skills that aren’t adequately fulfilled by the Australian labour market. That means that you need to apply for a Labour Agreement. It is an agreement between the Australian government and the employers stating the sponsor obligations the employers are subjected to. The process to apply for a labour agreement are as follows:

• You need to check the Labour Agreement program information guide, to confirm if you meet the minimum requirements to lodge an online application.
• Once you have fulfilled the above conditions, you can lodge your application with all the required and relevant documents so that your application has a higher chance of being successful.
• Your application will then be processed by the department and if they require further information you will be notified. You must submit the newly requested information within 7 to 14 calendar days.
• Generally, all the applications are assessed on a case-by-case basis, therefore the assessment duration may vary depending on your request. However, it can take a maximum of 6 months to process your application.
• If your application gets approved then the Labour Agreement will be sent to you for reviewing and signatures.
• Once you have returned the signed agreement, the department will give the final confirmation of the agreement. Upon receipt of which, the labour agreement will come into effect.
• Labour Agreements are generally valid for five years after it comes into effect.
• Your Labour Agreement will have a Transaction Reference Number (TRN), which you need to share with your foreign employees when they are applying for a visa.
• The TRN on their visa application allows the department to distinguish that you are their sponsors.

Once your Labour Agreement is approved, you are eligible to sponsor foreign workers under one or more of the visa streams discussed in the prior section.

This whole process can sometimes appear time consuming, time sensitive and overwhelming. Therefore, if you would like a personalized consultation to walk you through the process and partner with you in this then do not hesitate to contact us at Path Migration.

At Path Migration, we have a team of immigration lawyers who are specialized in this field. Aside from having an in-house chartered accountant, we also partner with various industry stakeholders to provide you with a holistic service. We have already helped set up businesses for clients from India, Hong Kong and Bangladesh, to just name a few of our clientele base. In addition to that, we have helped bring in foreign employees for different industries, such as IT sector, education sector, etc.

If you sound like someone who would benefit from our wide network of industry specialists and would like to put forward the best application for your business, then you can contact us or directly email to hello@pathmigration.com.

You might also be interest in: 

• Australian Business Innovation and invest Programme (BIIP)
• How to Set up a Company in Australia
• Global Talent Independent (GTI) Program: the versatile migration pathway

The post Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa stream first appeared on Path Migration and is written by sonal

As Australia and the rest of the world is dealing with the many waves of the COVID-19, Australia’s borders mostly remain closed unless there’s a travel exemption granted. This travel exemption is applicable for anyone wanting to either enter Australia or Australian citizens or Permanent Residents wanting to depart Australia. Below is a list of category, people falling in any of these categories are already exempted, hence are not required to apply for an exemption.

People already exempted:

• An Australian citizen or permanent resident coming to Australia (an exemption is required for travel from India);
• An Australian citizen or permanent resident’s immediate family members;
• Individuals with New Zealand citizenship who mostly live in Australia;
• Individuals who have been in New Zealand for the last 14 days or more and directly travelling to Australia by air;
• Anyone transiting in Australia for not more than 72 hours;
• Airline and maritime crew members;
• Individuals who have been hired under the Government accepted Seasonal Worker Program or Pacific Labour Scheme;
• Business Innovation and Investment (subclass 188) visa holders;
• Any New Zealand citizen holding a Special Category (subclass 444) visa are exempted for traveling outside of Australia;
• Anyone attending essential work that is situated at an offshore facility in Australian waters;
• Individuals travelling on official government business, this includes individuals travelling on a diplomatic or official passport.

Anyone who falls under the aforementioned category are not required to apply for any exemption for either traveling to or out of Australia. However, if your personal circumstances don’t match any of the above groups then you need to make the most persuasive application to be granted an exemption.

Exemptions for travelling to Australia

The travel exemption applications are made to the Australian Border Force (ABF) Commissioner. Before you can travel to Australia you first need to make sure that you have been granted an exemption.

While you are travelling, you may also be required to quarantine for 14 days after you have reached Australia. Since you have to bear the quarantining costs yourself, it is recommended that you look into the estimated costs of quarantining before you make the travelling decision. The quarantining contribution fee may differ depending on which state or territory you are travelling to.

As mentioned above, immediate family members of Australian citizens and permanent residents don’t need any exemptions. According to the Australian Border Force, the immediate family members include spouse, de facto partner, dependent child, legal guardian.

Individuals who are legally married are classified as spouses. However, for individuals who classify as de facto partners they need to prove that they have been living together for at least 12 months. In case they haven’t met this condition, they can still request an exemption based on the documents that prove a registered relationship or that prove compelling and compassionate circumstances.

The following visa holders are not required to apply for an exemption, since they are already exempted:

• Subclass 100: Partner (Migrant) visa
• Subclass 309: Partner (Provisional) visa
• Subclass 801: Partner visa (Permanent)
• Subclass 820: Partner visa (Temporary)
• Subclass 101: Child visa
• Subclass 102: Adoption visa
• Subclass 445: Dependent Child visa

However, it should be noted that visa holders of Prospective Marriage visa (Subclass 300) are required to apply for travel exemption.

The reasoning that are accepted by the Australian Border Force (ABF) Commissioner for travel exemption are as follow:

• Either the Australian Government or the state government or the territory government have invited the individual to help with the COVID-19 response.
• The entrance of that person will be beneficial for the national interest and it has been approved by the authority.
• Individuals offering medical services; this also includes professionals in delivering air ambulance, medical evacuations and the delivery of critical medical supplies services.
• An individual has employer’s sponsorship to work in occupation listed on the Priority Migration Skilled Occupation List (PMSOL).
• Military personnel
• Students who are completing year 11 and 12, with support from the relevant Australian State or Territory government health authority and education department.
• Students completing the final year of study in medical, dental, nursing or allied health profession fields, and the student can provide evidence of placement in Australia in the upcoming two months.
• Any compassionate and compelling reasons.

Exemptions for travelling from Australia

Depending on the residency status of the individuals, the travel exemption requirement will vary. Therefore the travel exemption for different categories of resident are listed below.

• Temporary visa holders
  • Anyone holding a temporary visa doesn’t need an exemption for departing Australia. However, they do need an exemption for traveling to Australia. Therefore, while temporary visa holders have the choice of leaving whenever they want, they should keep in mind the border conditions of their home country or the country they are travelling to.
  • If they are travelling for a short period of time and will be returning to Australia then they have to apply for an inwards exemption. To have an inward exemption granted they need to have met all the requirements of Australia’s Inward Travel Restrictions, along with any compassionate or compelling grounds they may have for departing Australia in the first place.
  • Compassionate or compelling grounds includes but not limited to death or ailment of family members living overseas; or any essential travel for business purposes.

• Australian and permanent residents

• • If they haven’t been exempted already as they don’t qualify for above mentioned exempt criteria. They need to apply for a travel exemption.
  • For a travel exemption to be granted, they need to prove that the travel is an essential part of COVID-19 measures.
  • They require a critical medical treatment that is not provided in Australia.
  • Their travel duration is more than three months.
  • They have compassionate and compelling or humanitarian grounds.
  • Finally, their travel is for national interest.

Compassionate and Compelling Grounds

When applying for an exemption, apart from the specified reasonings, the exemptions are also granted based on any reasoning deemed to be compassionate and compelling. As previously mentioned, compassionate and compelling reasoning may include but are not limited to death and ailment of people close to the applicant.

After lodging the travel exemption application it’s within the discretion of the relevant authorities to determine if your reasoning is indeed compassionate and compelling. Therefore, it is always recommended that you provide all the necessary and relevant documents required to strengthen your application, so that your application has a higher chance of success.

Exemption Application Refusal

If your application has previously been refused then you can make another application, but do make sure that you are including all the relevant documents while applying. If a couple of your applications has been denied, then you also have the option of appealing the decision of refusal in court. For that we would recommend that you seek legal and professional advice.

At Path Migration, we have handled numerous exemption applications. We have a team of immigration lawyers, with years of experience who are specialists in the field. If you would like to get an assessment of your situation and the best possible course of action for you, please don’t hesitate to consult us or directly email to hello@pathmigration.com.

You might also be interested in:

• New Parent visa (temporary) 870- Overview

• 491 Tasmania: Regional Work Visa

• Tips for a Successful Partner visa

• How to Set up a Business in Australia?

The post Australia’s Travel Exemption first appeared on Path Migration and is written by sonal

Tips for a Successful Partner Visa

Are you looking to apply for a Partner Visa either for yourself or your partner? Sometimes knowing what documents to add as a part of your application can be tricky due to the intricate nature of this application. Therefore below are a few recommendations regarding what you can add to your application and make a compelling case for your partner and yourself. 

1. Before you start anything, the first thing you need to do is talk and discuss extensively with your partner. Remember that if you are trying to prove your relationship to the immigration officer then both the partners need to be in sync within themselves first. Discuss each other’s immigration, criminal and medical history so that you are not caught off guard by the revelation of any information; which could potentially impact your application, and in some cases your relationship. 
2. Just so that you can prove your relationship is indeed legit and your application is not getting delayed, start developing a timeline from early on. This will help you keep track of all the important events in your life and allow you to paint a consistent picture of your relationship. Be prepared to answer questions related to the  time you first met, the story behind it, the timeframe of when your relationship transitioned and progressed into a more serious stage, the proposal story (if there’s any), etc. 
3. Make sure you have a record of all the documents, such as joint lease agreements, wills, joint bank accounts, shared household accounts, i.e.utility bills, etc. The best way to record the documents is to always make a copy of the original and to also have the digital scanned copies of the documents. 
4. It is important for you to note that when you are trying to prove your relationship with papers to obtain the Partner visa, only providing a Marriage Certificate is not sufficient. This further stresses the importance of having a clear record of other documents as well. 
5. If you are applying for a partner visa for a 12- months de facto partner, then the above steps will be particularly crucial for you. Since, regardless of when your relationship actually commenced, you are only eligible to apply for this visa only after 12 months of having your shared documents. For example, if you have a joint lease with your partner, then you are eligible to apply for the partner visa 12 months after you have had the signed joint lease agreement.
6. Remember that the immigration officers no longer conduct interviews in person. Therefore, your relationship history statement allows you to provide more details about your relationship. This is your chance to talk about all the important and intimate details such as how you met, your feelings towards the other person and most importantly how you plan your future with the other person. 
7. Although, it is recommended that you provide as many documents as possible to prove the legitimacy of your relationship, however, it’s not a mandatory requirement. If you rather not share personal details such as your photographs, any other documents that may reveal any intimate details then do not share them. Being said that, even if you are okay sharing, do know that you don’t have to share any personal and uncensored text messages, pictures or recordings. 
8. Generally, the processing time for a partner visa can be quite lengthy, therefore, it’s advised that instead of you rushing for police clearance or getting the medical check up done, you rather wait for a clear indication asking for that. That’s because the clearances only have a validity of 12 months, so it’s recommended that you get the clearances when the application has been processed that far and is requesting for those documents.
9. Although it has not been applied yet, as per 2020-21 Budget, to increase economic participation an English language requirement has been introduced for the applicants. This means, whenever that requirement is mandated, the applicants must meet the minimum language requirements before being granted the visa.
10. Finally, it is important to know that a Partner Visa application can be costly. It costs a minimum of AUD7,715, and other costs may add up when certain documents and clearances are requested.
11. If you are applying for the partner visa while in Australia, then you need to apply for Subclass 820 (provisional visa) and Subclass 801 (permanent visa). As the outcome for Subclass 801 is determined you can legally stay and work in Australia under the Subclass 820 (provisional visa). 
12. However, if you are outside of Australia, you need to apply for Subclass 309 (Provisional visa) and Subclass 100 (Migrant visa). Similar to the previous visa classes, the Subclass 309 allows you to legally stay and work in Australia while the outcome for Subclass 100 gets processed. 

While you are applying for the Partner  Visa, it is important to keep in mind that the immigration laws are forever changing and the documents required may also vary from case to case. Therefore, before you apply for this visa, it is recommended that you carefully read about the requirements, seek legal advice from an immigration lawyer and then get yourself in this process. 

At Path Migration we have a team of immigration lawyers who are experts in this field. Therefore, if you would like to seek legal advice or consultation on what is best for your partner and yourself, then do not hesitate to contact us. 

You might also be interested in:

• New Parent visa (temporary) 870- Overview

• 491 Tasmania: Regional Work Visa

• Australian Federal Budget 2021: An immigration threat or opportunity?

• How to Set up a Business in Australia?

The post Tips for a Successful Partner Visa first appeared on Path Migration and is written by sonal

Australia’s economy has successfully bounced back from recession and is now undergoing a phase of expansion. This transition is taking place at a higher momentum than expected, reflecting economic resiliency.  Rigorous policy imposition and tougher virus containment measures have created a favorable outcome for the country. Therefore, as the restriction got eased, the economic recovery took off with an astounding and admirable speed. As of the data until 4 June 2021, the key economic indicators  for the fiscal year 2020-2021 are as follows:

• The GDP has grown by an average rate of 1.1%. 
• The unemployment rate is 5.5% and the employment growth is 5.1%.
• The inflation rate is 1.1%.
• The exchange rate has appreciated.

GDP Growth

With vaccine rollout and smarter covid restrictions, the world economy is also slowly recovering, which is expected to further stimulate the economic growth of Australia. According to the Reserve Bank of Australia (RBA), it is anticipated that the GDP will grow by 5% for the 2021-2022 fiscal year. As the Australian government is creating a favourable business environment by attracting global talents and investments, it is expected that will help boost the growth. In fact, the number of places under the Business Innovation and Investment Program (BIIP) has almost doubled. 

Below is a snapshot of output share by state.

Data Source: RBA (https://www.rba.gov.au)

The output contribution of major industries as follows:

Data Source: RBA (https://www.rba.gov.au)

This industry share of output contribution also reveals crucial information regarding areas where qualified workers and investments are required. Therefore, the Global Talent Independent (GTI) Program has been introduced to attract highly skilled professionals in these high-growth sectors. In 2020-2021, there are 15,000 places available to grab under this program.

Employment Sector

Following massive unemployment and job cuts, the Australian labour market is well ahead on its way to recovery. 

• The unemployment rate has been consistently falling. 
• The employment grew incredibly at 5.1%.
• With the participation of 66.2%.
• Leading to a wage growth of 1.5%.
• With the weekly average earning being AUD 1,280. 

The number of hours worked is beyond the pre pandemic levels, and it is expected that the strong momentum in activity will further lower the unemployment rate to 4.5 % by mid 2023. This suggests a strong labour demand. 

The major industries with the number of employment until May 2021 are as follows:

Data Source: Labour Market Information Portal (https://lmip.gov.au)

The major occupation with the number of employment until May 2021 are as follows:

Data Source: Labour Market Information Portal (https://lmip.gov.au)

The National Skills Commission (NSC) annually analises and generates reports on skills that are required and demanded in Australia. Therefore, if someone’s skills lie in the Skills Priority List, they can apply for a visa to come and work in Australia.

If you are looking to migrate, invest or study in Australia and unsure where to start, then we recommend that you see professional consultation. At Path Migration, we have a team of immigration lawyers who are specialists in this field. If you would like to get an evaluation on your personal circumstances or have any questions, don’t hesitate to contact us.

For more information, you also check out the following:

• How to Set up a Business in Australia

• Global Talent Independent (GTI) Program: The versatile migration pathway

• Australian Federal Budget 2021: An immigration threat or opportunity?

• Section 501: The hidden trap on the path of Australian Citizenship.

The post Australia’s Key Economic Indicators first appeared on Path Migration and is written by sonal

If you are not an Australian resident, and are looking to invest into Australia, then one useful structure you might be interested in is setting up a trust. It is very commonly used for investment and business purposes. A trust allows setting up a company or a person (a trustee) to look after all the business assets for the beneficiaries.

Due to the intricate nature of a trustee and beneficiary relationship, setting up a trust can be a complex and costly process. There needs to be a detailed outline, known as trust deed, that clearly and accurately specifies how the trust needs to be run. This trust deed also outlines the trustee remuneration for all the administration work and trust management tasks they undertake. But on the hindsight, it must be kept in mind that it does help to protect the assets for the beneficiaries. Therefore, for inventors who are not residents of Australia, setting up a trust can be a very prudent financial decision for either themselves or their family or kin.

In a trust, the trustee is essentially responsible for everything relating to the trust. They run all the daily administrative tasks and also decide how the business profit should be distributed to the beneficiaries. They ensure the tax laws and regulations are maintained, the taxes are lodged accordingly and also ensure that the accurate tax returns and tax liabilities are sorted out with the Australian Tax office (ATO). Although, trust is a legal relationship and not an entity, the tax administrations consider it as a taxpayer entity.

How the trust or the beneficiaries get taxed depends on a couple of factors:

• If all the income from the trust goes to the adult resident beneficiaries then no taxes are levied upon the trust, since the tax gets deducted from the beneficiary’s individual tax lodgement.
• However, if any of the trust income is distributed to the beneficiaries who are non-residents or minors, in that case it’s the trustee who must pay the tax on the share of the income of that group of beneficiaries. When these beneficiaries are declaring their taxes they can make a claim for a credit on the amount already paid by the trustee.
• Finally, if it has been decided that trust will retain all the trust income, instead of distributing it to the shareholders, in that case, the tax is levied on the whole retained income at the highest individual tax rate, and it’s the trustee that gets assessed.

It is important to know that there are different kinds of trusts. For the purpose of this blog, we’d only focus on the following types of trusts:

• Unit Trust: A unit trust refers to those trust where a unit (i.e. a piece of property) is owned by an investor (referred to as unitholder), who receives a certain amount income and capital from that unit trust. The amount of income gets decided at the time of the issue of the unit, and the units can easily be bought and sold to other investors. However, a unit from a unit trust must not be mistaken with a share. In a unit trust, the unitholders are the legal owner of the unit and they are entitled to any of the future incomes and payments from that unit.
• Managed Investment Trust (MIT): This trust is a type of management investment scheme that is publicly held and receives collective investments from the public. This is a very popular trust among the non-resident or foreign investors as they are subjected to a relatively lower rate of withholding tax on any amount received from MIT. The foreign investors can also use MIT as their investment vehicle for acquiring assets either directly or indirectly.
• Family Trust: You may also opt for a family trust, which helps protect the asset, have tax benefits and also ensures that the assets are kept within the family. It gives a lot of flexibility in distributing the income to the family members. In addition to that in case anything goes wrong, this trust helps protect the assets from the creditors.

It must be understood that trusts are a great way to safeguard your assets and ensure a certain form of protection from any business risks. But a lot of care must be undertaken when creating the trust deed, since that plays a vital role on how the trust will be operated, including defining the roles and entitlement of every individual included in the trust. Once a trust has been established, it is very difficult to dissolve it and, and any alteration to the trust deed also has severe tax implications. Therefore, if you are interested in setting up a trust, it is recommended that you consult legal professionals to help you through the process.

To sum up, the all the different registrations you need to undertake to set up a trust are as follow:

As a foreign investor another important thing to note is what kind of visas are applicable for you, so that you are able to legally set up a trust. For foreign investors, business visas are currently provided under the Business Innovation and Investment Program (BIIP). There are four classes of BIIP:

• Business Innovation Visa (188A);
• Business Investor visa (188B);
• Significant Investor Visa (188C);
• Entrepreneur Visa (188E).

In order to understand which 188 visa class is suitable for you, you can seek professional and reliable immigration legal advice. At Path Migration, we have a team of immigration lawyers who are specialists in this field, therefore, if you have any questions  please do not hesitate to  contact us or book a consultation.

For more information, please visit:

• How to set up a business in Australia
• Australia Federal Budget 2021: An immigration threat or opportunity?
• Specific Rules for Some Trust
• Family Trust- Concessions

The post How to set up a Trust in Australia? first appeared on Path Migration and is written by sonal

As a foreign investor, you might want to participate in a partnership business with friends, family or business partners as you set up your business in Australia. It is fairly easy to set up a partnership business and can be done with two or more business partners. But due to the presence of multiple partners as owners in this instance, each of the partners only needs to report their individual share of income on their individual tax returns.

However, it is mandatory for a partnership to report its income and expenses to the ATO. Although, it’s not mandatory for partners to register for a separate Tax File Number for the business, however, if there isn’t already a TFN for a partnership then the ATO will create one by default.

It must be understood that in a partnership, all the partners are liable for incurring any costs or liability in case anything goes wrong. In fact it is a legal obligation that each of the partners share together for the business, unless, either one or more of the partners are registered as limited partners.

Limited partnership refers to the business structure where some of the partners do not participate in the day to day running of the business and they also share a limited liability for the business debt. That is, in case anything in the business goes wrong, the maximum money they may lose is only equivalent to the amount they have invested in the partnership. It is vital to keep in mind that any limited partnership must be registered with the respective state or territory government.

Registering for a business name is not mandatory, however, should the partners decide to register for  a business name then it costs somewhere between $37 and $87 depending on for what period that name is being registered for along with if the partners are opting for trademarking the business name. In addition to that, the partners can also register a domain for their business which costs between $10 to $100. Choosing a name and registering for a domain is a very important step in this current world of digital era, as that helps you establish your physical and virtual identity.

Therefore, when choosing an appropriate name for your business, you might want to follow the following steps:

• See how easy the name is, as you’d like everyone to easily be able to say that name and also remember it.
• That’s why names that are short, simple and easy to spell are always recommended over complex ones.
• To save you heaps of time before settling with a particular business name of your choice, always check on the Australian Securities and Investments Commission (ASIC) Business name availability page to ensure that the name is available for you to use.
• Once you are satisfied with an appropriate name, you can register it on the ASIC.

If the partners choose to rather run the business on one of the partner’s first name and last name, in that case they would not need to register the business name. As an investor, if you are also involved in other businesses regardless of partnership or not, you can register for multiple names of each of your business ventures.

You may also choose to hire employees in your business. When you are hiring external people, you should be able to distinguish between employees and contractors. This is a very important classification for your business because you are legally obligated to provide a minimum  employee entitlement for your employees; however, when it comes to hiring independent contractors you might be legally binded to only make payment of the amount due, unless there are other contractual bindings set by either of the parties.

Employees are qualified for paid annual leave, and other benefits such as superannuation contributions. In addition to that, you might also offer a variety of benefits in the form of fringe benefits. Thus, if you are offering fringe benefits then  you also need to register for the Fringe Benefit Tax (FBT), aside from registering for the Pay As You Go (PAYG) with the Australian Tax Office (ATO).

Table below sums up all the different registrations you need to undertake to set up your business in Australia:

As a foreign investor you will also need an appropriate visa for you to be able to establish and operate your business. Currently, business visas are provided under the Business Innovation and Investment Program (BIIP). There are four classes of BIIP:

• Business Innovation Visa (188A);
• Business Investor visa (188B);
• Significant Investor Visa (188C);
• Entrepreneur Visa (188E);

In order to understand which 188 visa class is suitable for you, you can seek professional and reliable immigration legal advice. We have a team of immigration lawyers who are specialists in this field, therefore, if you have any questions  please do not hesitate to  contact us or book a consultation.

For more information, please visit:

• How to set up a Sole Trader Business in Australia?
• How to develop your business plan?
• Australian Federal Budget 2021: An immigration threat or opportunity?
• Check the Australian Business Licence and Information Service (ABLIS) for other registration requirements.

The post How to set up a Partnership Business in Australia? first appeared on Path Migration and is written by sonal

Of all the business forms, sole tradership is the most straightforward business structure out there; incurring the least amount of set-up cost. This means that you are the single owner of your business, therefore, any income generated from your business belongs to you and only needs to be declared in your individual tax return. Any tax you may pay is levied on you at your individual income tax rate. In other words, you don’t need to have a separate account for your business’s incomes and expenditures for it’s tax purposes.

All the business decisions are made by you and you are solely accountable for any losses incurred or in case anything goes wrong. You do have the option to hire employees in your business, in that case you also need to ensure that your employees are getting their minimum employee entitlements and conditions, such as superannuation. If you are providing fringe benefits to your employees, then you have to be registered for Fringe Benefits Tax, because you are legally obliged to pay taxes on the value of fringe benefits offered to your employees.

In addition to registering for FBT, you also need to register for Pay As You Go (PAYG) withholding. This allows you to withhold any portion of your employees’ wages or salaries for tax purposes. However, you must remember to forward these tax amounts to Australia’s tax office.

As a sole trader, it’s not mandatory for you to pay for your own super as technically you are not an employee of your business, however, you can contribute to super so that you can save for your retirement, in fact, it is highly recommended to do so. If you do contribute to your own super, you need to ensure that your super fund has your tax file number (TFN).

Being a sole trader you may choose to register your business name or use your own name as your business name. If you are opting for the former, you need to nationally register your business name with the Australian Securities & Investments Commission (ASIC), which allows you to use your registered  business name in any state or territory within Australia. It does come with an associative cost of  $37 for a one year business name registration, and $87 if you want to register the business name for a 3-year period.

It is important to be aware that registering your business name for a certain period of time only means that other businesses will not be able to register under the same name for the period of time that you are registered into; however, they may use your name for any product or services. Therefore, you can also trademark your business name on the IP Australia website, in which case your business name is protected for at least 10 years.

Alongside your business names, you may also register for a domain name for your business, regardless of you setting up a website right now. Usually, for a registration period of one year the domain name registration costs from $10 to $100. You can register your business website on  business.gov.au. As a sole trader, you may have multiple businesses, in that case you can register for multiple business names for all your different businesses.

In summary as a sole trader business, you will need to have the following registrations:

As a foreign investor another important thing to note is what kind of visas are applicable for you, so that you are able to legally set up and operate your business. Currently business visas are provided under the Business Innovation and Investment Program (BIIP). There are four classes of BIIP:

1. Business Innovation Visa (188A);
2. Business Investor visa (188B);
3. Significant Investor Visa (188C);
4. Entrepreneur Visa (188E).

In order to understand which 188 visa class is suitable for you, you can seek professional and reliable immigration legal advice. We have a team of immigration lawyers who are specialists in this field, therefore, if you have any questions  please do not hesitate to  contact us or book a consultation.

For more information, please visit:

• How to set up a business in Australia
• Applying for ABN
• PAYG withholding
• Register business names on Australian Securities & Investments Commission (ASIC)

The post How to set up a Sole Trader business in Australia? first appeared on Path Migration and is written by sonal

ABOUT
Australia has a number of visas, including 489 Skilled (Provisional), Regional Sponsored Migration Scheme (187) and Skilled Regional (Permanent) 887 –aimed at encouraging migrants to the regional areas. Every state has particular shortages of skills and thus occupations appear on various lists at different times. In their specific requirements, every state varies. Some states require applicants to have higher scores in English; others need more work experience or clear proof of the assets of the applicant. Generally, for some visas in designated areas, most states operating their own migration systems accept migrants ‘ visa applications with the condition that they live and work in those states for two years.

PATHWAY FROM 489 (SKILLED) TO 887 (PR) VISA
When you stay for two years in Australia and work full-time (35 hours a week) on a 489 visa, which is based on point based application, for consecutive 12 months of that time, you may be able to apply for permanent residency. This permanent residency (PR) phase is going to be the 887 visa and, like all PR visas, it has some requirements. This applies to those persons who are living and working in the areas noted on the Australia Regional or Low Population growth areas, also known as the legislative instrument, to apply for legal permanent residence on the Skilled Regional Subclass 887 visa. The designated areas includes the Australian Capital Territory, Northern Territory, South Australia, Tasmania, Victoria, Western Australia and other parts of territories which are low in population.
It also doesn’t matter what kind of work is being done. There is absolutely no requirement that the job has to do with the designated profession that you used to get the 489 visa. In order to meet the work requirement, you can drive a taxi, pick fruit or wash dishes at the local cafe. Remember, you don’t need to have a permanent job. You can be casual or part-time, it doesn’t matter the classification. Unless, on the basis of the visa status of the applicant, work has taken the applicant outside the specified areas, such trips cannot be regular. These are acceptable as long as the applicant’s place of work is within those defined areas to a significant extent.

What you can do with a 887 (PR) Visa?
With the 887 visa you can permanently live, work and study and enroll in public health in Australia. Once this visa is granted, you can fly to and from Australia as many times as you want for five years. You’ll need a Resident Return (RRV) after 5 years to re-enter Australia as a permanent resident.

Changes in 489 Visa Policy
The Australian government has released the regulations that will be available from November 2019 on 2 new regional visas. The 489 visa subclass will end from November 16, 2019. The Department of Home Affairs of the Australian Government has announced that 10 September 2019 will be the last day for states and territories to appoint and submit invitations for subclass 489 applicants. Many states are progressively closing for new applications their category 489 Skilled Local State nominating scheme. A new Skilled Worker Regional (Provisional 491) visa will be introduced on 16 November 2019 and this will replace the 489 visa.
It is strongly recommended that you may contact a registered Australian immigration lawyer or migration agent to fully understand the process and options available which lead to a Permanent Residency in Australia.

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options for migrating to Australia.
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NOTE: The information provided in this blog can not be construed as “legal advice”. You should
not act based on the information provided here without consulting a
registered MARA agent.

Migration law is complex and changes very frequently, while we ensure our content is accurate,
we can not vouch for how concurrent it is. To clarify any of your doubts call us on +61 2 88158135

The post 489 VISA TO 887 PERMANENT VISA first appeared on Path Migration and is written by sonal