Australian Immigration Lawyers

Permanent residency

Our expert team of immigration lawyers have a vast amount of experience in securing permanent residency visas for skilled workers, allowing them to secure their status and build their future in Australia.

 

Helping to build your future…

PERMANENT RESIDENCY

Becoming an Australian permanent resident can be a complicated process involving Points Tests, Skills Assessments, State Sponsorship or Employer Nomination. We're here to simplify the process and provide you with the peace of mind to start building your future. 

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Skilled (Independent) visa (subclass 189)  

This visa is designed for skilled migrants who want to live in Australia permanently and doesn't require the applicant to be sponsored by an employer, a State or Territory Government or a family member.

What are the requirements to obtain a subclass 189 visa?

A subclass 189 visa applicant must be under 45 years old and must have scored at least 65 points in the General Skilled Migration points test. 

In addition a subclass 189 visa applicant is required to have nominated an occupation on the Medium to Long Term Skilled Occupation List, to have obtained a positive skills assessment for that occupation and have at least 'competent' English language skills (i.e. score at least 6 in each of the four bands of an IELTS test).

What is the points test?

The points test awards skilled migrants points based on their skills and attributes. The number of points awarded to an applicant will depend on age, skilled employment, qualifications, Australian study, State or Territory nomination and a number of other factors. The minimum points required to be scored by an applicant wishing to apply for a subclass 189 visa is currently 65 points.

How can I apply for a subclass 189 visa?

To apply for a subclass 189 visa, applicants must first submit an 'Expression of Interest' ('EOI') via the Department of Immigration's 'SkillSelect' program and then be invited to submit a visa application by the Minister. 

Invitations are based on information provided in the EOI, meaning supporting documentation accompanying the visa application must corroborate information previously provided with the EOI. If invited to apply for the visa an applicant has 60 days to lodge a visa application.

What is SkillSelect?

SkillSelect is the online platform which facilitates the submission of EOI's. Invitations to apply for a visa are based on a ranking of the information provided in the EOI and are also subject to occupational ceilings. Importantly, applicants should be aware that the ability to meet the points test threshold does not guarantee an invitation to apply. Invitations are issued periodically to the highest ranking EOI subject to occupation ceilings. 

What is an Expression of Interest?

An EOI is not a visa application. It is an online form containing biographical information, details of qualifications, skills and experience and English Language ability. For subclass 189 visa applicants, the EOI also contains the 'points' claimed by the applicants under the points test. Points claimed by applicants in an EOI have to be corroborated by supporting evidence when the visa application is lodged.   

Skilled (Nominated) visa (subclass 190)

This is a permanent visa designed for skilled migrants who have been nominated by a State or Territory government agency.

What are the requirements to obtain a subclass 190 visa? 

In addition to being nominated by a State or Territory, a subclass 190 visa applicant must be under 45 years old and requires to have scored at least 65 points in the General Skilled Migration points test.

Visa applicants for this subclass must also have nominated an occupation on the Short-Term or Medium to Long-Term Skilled Occupation List, must have had their skills for that occupation assessed by a the relevant skills assessment body and must have at least 'competent' English language skills (i.e. a score of at least 6 in each of the four categories of an IELTS test).

How can I apply?

The process works in the same way as for subclass 189 visa applications, in that applicants must first submit an 'Expression of Interest' ('EOI') via the SkillSelect program and then be invited by the Minister to apply for the visa. If invited to apply an applicant has 60 days to lodge the visa application.

It's important to remember that the points claimed by an applicant in the EOI should be able to be corroborated by supporting evidence at the time of submitting the visa application. It is a criterion for the grant of the subclass 190 visa, that the applicants points score is not less than the score stated in the invitation to apply, a score which is taken from the information in the applicants original EOI.

Invitations to apply for a subclass 190 visa are ranked on the basis of the information contained in the EOI. If an applicant's claimed points score is less than the actual assessed score as part of the visa application, then the visa will not be granted.     

State and Territory nomination

Once an applicant submits an EOI, State and Territory Governments are able to view it and decide whether they want to offer nomination to the applicant. Generally speaking, if a State of Territory Government nominates an applicant, the application is processed as a high priority by the Department of Immigration.

Please do note that each State and Territory Government has different nomination criteria which are often at a higher threshold than the criteria required for the visa grant. In addition State and Territory Governments expect nominated applicants to make a commitment to live and work in the State or Territory which has offered nomination for a specific period of time. 

Find out about Permanent Residence through an employer

To find out more about the process of applying for permanent residency through an employer, click on our visa guide below.

Employer Nomination Scheme (subclass 186)