sk686

After someone arrives in Australia with a SIR (Provisional) visa, DIMIA allows the following 3 paths to Permanent Residency after they stay in any regional area (as specified by DIMIA) for at least 2 years, and work (either spouse) for at least 12 months in a SOL (Skilled Occupations List) occupation:

1. State/Territory Nominated Independent (STNI) - On-shore Visa

2. Regional Sponsored Migration Scheme (RSMS)

3. State/Territory Sponsored Business Owner

My questions are:

1. After the 2 year requirement is met, can someone on a SIR (Provisional) visa apply for Permanent Residency in another category other than the ones mentioned above, like leave the country, and then apply for a skilled sponsored category?

2. If they leave Australia before the 2 year period ends, since they can't find jobs, and want to come back to Australia as Permanent Residents under a skilled sponsored category, are they able to do so?

Thanks.

bridiej

I find this all quite confusing:

SIR is provisional and you have to meet certain criteria to then be able to apply for permanent, e.g. be in a certain area for so many years and employment for at least 12 months.

BUT

STNI - you have to meet other criteria in order to be granted permanent residency e.g. be in a certain area for at least 2 years and employment for 12 months.

Do these run concurrently? Or once you apply for the STNI visa do you have to start again and achieve the two years + 12 months employment??

Rob Morton-Jone

Hi bridiej,

Just want to put my bit in here.

As far as i am aware, there is no requirement to be employed on the STNI visa and the employment could be anything.

The requirement is to stay in the state for two years and fill in the surveys which are required every six months.

Regards

Rob

George Lombard

Hi SK,

A SIR visa is subject to certain conditions and pathways to PR meaning that it would have to be cancelled or expire before you could migrate through these other pathways. It does seem that family migration is not excluded, if that helps.

Cheers,

George Lombard

www.austimmigration.com.au

sk686

Dear Mr. Lombard,

This definitely helps.

Just to clarify what you said:

Someone with a SIR visa can only get permanent residency in a pathway other then the 3 pathways I mentioned above (like family sponsored as in skilled designated area sponsored), if:

1. Their SIR visa is cancelled due to a violation. or,

2. The SIR visa expires after the 3 years.

In either case, they'll have to leave Australia, and apply for the family sponsored scheme from overseas?

Regards,

sk686

George Lombard

Dear SK,

I strongly suggest you see an agent about these questions. Obviously you have something specific in mind and general advice may overlook aspects of the particular situation you're in. It's not as if there aren't enough agents in Sydney to consult, not to mention the IARC free advice line - call 92811609 for details.

Cheers,

George Lombard

www.austimmigration.com.au

sk686

Thanks again.

Will do.

sk686