Skilled Independent (subclass 189) Permanent Residency Visa which attracts thousands of skilled worker to permanently reside and work in Australia. What is it? What do I need to know as an Applicant?

What is a Subclass 189 Visa?

The skilled independent (subclass 189) is a point tested permanent residency visa for skilled workers who are not sponsored by an employer, a state or territory, or a family member.

Unlike subclass 491 or subclass 190, this visa does not need nomination.

Once granted, this visa allows the applicant to:

• Stay in Australia permanently.
• Work and study in Australia.
• Sponsor eligible relatives for permanent residency.
• Travel to and from Australia for 5 years; and
• Become Australian citizen if eligible.

How do I know if I am eligible for subclass 189 visa?

The subclass 189 visa is for skilled worker whose skills are in demand in Australia. The Government of Australia publishes demand list in which certain occupations are listed under Australia’s permanent and temporary skilled visa programs which makes a potential applicant (like you) eligible to apply for permanent residency in Australia.

The relevant lists:

• Short Term Skilled Occupation Demand list (STSOL)
• Medium- and Long-Term Strategic Skill List (MLTSSL)

Long story short, to target 189 visa, the occupation which you undertake should appear on the Medium and Long Term Strategic Skill List.

The list is publicly available on the Department of Home Affairs website

I checked the list, and my occupation appears on MLTSSL!!! Can I apply and pack my bags to migrate permanently to Australia?

Congratulations on clearing the first hurdle. But remember there are 1000s other running the racing alongside you and to get the visa you need to run faster.

The subclass 189 is an independent point tested permanent residency visa and having higher points increases your chances to be invited by the Department of Home Affairs to apply for this visa.

What is the application process for subclass 189 visa?

Skills Assessment

The first stage of the application process involves completing a skills assessment with the relevant government authority in Australia. A positive skill assessment enables the Department of Home Affairs to determine whether you have the required level of skills in your chosen occupation to work in Australia.

Expression of Interest

To be able to lodge a valid application for visa, you as an applicant must first submit an Expression of Interest, which once accepted entails you to receive an invitation to apply for subclass 189 visa.

Invitation & 189 Visa Application

Once you are issued an invitation, you as an applicant must submit your visa application to the Department of Home Affairs within 60 days.

How can I get higher points to increase my chances for invitation for 180 visa?

As an applicant you must be able to meet the minimum points of 65 at the time you are invited to apply for the visa. However, it is critical to be aware that obtaining the lowest of ‘65’ does not guarantee an invitation to apply for the visa. When you submit an expression of interest, you essential compete with 1000s other applicants who are waiting to be invited to apply for the visa and when the competition is high, as natural the one with highest points will be invited first to apply for the visa.

Therefore, the higher points you have, the better chances are of securing an invitation for 189 visa.

There are various ways in which a prospective subclass 189 visa holder can increase the score:

• Obtaining a higher score for English language requirement.
• Gaining relevant Australian or overseas work experience.
• Obtaining higher qualification.
• Being accredited in a community language.
• Study in regional Australia (only if you are already in Australia).
• Meeting the Australian study requirement (only if you are in Australia).
• Completing professional year in Australia.

Conclusion

The Skilled Independent (subclass 189) is a great opportunity for skilled workers to permanently migrate to Australia. The process is complex and often eligible applicant face rejection from Department of Home Affairs due to failure to seek professional help.

It is therefore advisable to seek professional help to ensure that you not only qualify for subclass 189 but are also professionally supported at every step.

For a detailed and confidential discussion, drop me an email at: n.joshi@hillmanlawyers.com.au