Skilled Independent
Overview
Skilled Independent (Subclass 189) visa
Target Market
- This visa is aimed at attracting individuals with skills highly in demand, to enable them to independently apply directly for permanent residency.
Process
- Ensure you have evidence of the points you claim and submit an expression of interest (EOI) through Skill Select;
- Wait until you are invited to apply for the visa;
- Submit a valid visa application within 60 days of your invitation; and
- Wait for processing until visa grant.
Eligibility
Skilled Independent (Subclass 189) visa
Skills assessment
- Skills assessment is a process undertaken by an authorized third party “skills assessing authority”, who will assess your qualifications and/or work experience to determine if your qualifications, skills, and experience are suitable for migration to Australia;
- In the legislative instrument with the occupation lists, you can find the corresponding skills assessing authority for that occupation.
- Common skills assessing bodies including Engineers Australia (for Engineering occupations), the Australian Computer Society (ACS) (for IT-related occupations), Trades Recognition Australia (TRA) (for trade occupations), and VETASSESS (for a lot of broader “white collar” occupations).
English
- To be eligible for the Subclass 189 visa, you must have a minimum level of “competent” English. Typically, unless you have one of 5 passports, it means that you will need to sit an English test. If you obtain higher scores, you will be eligible for further points;
- See our article here for further information about the scores required. English tests are normally valid for three years and must be valid at the time of invitation.
Points score
- You will need to have a minimum point score of at least 65 points to be eligible for this visa. Points are allocated based on favorable attributes such as age, English language ability, qualifications, years of work experience, a study in Australia, partner English/qualifications, and others. You can see the points table on the Department’s website here;
- Pre-pandemic, individuals typically needed point scores of around 90 points to receive an invitation. This has fluctuated a lot since, and currently, individuals on 65 points have also received invitations.
Occupation
- To be eligible for the Subclass 189 visa, you need to nominate an occupation listed on the Medium to Long Term Strategic Skills List (MLTSSL) for the Subclass 189 visa (see here);
- The MLTSSL represents occupations with which they are recognized skill shortages in Australia. Broadly speaking they include medical (doctors and nurses), IT, engineering, scientific, and trade occupations;
- You will need to obtain a skills assessment in your nominated occupation.
Invitation
- You cannot apply for the Subclass 189 visa immediately. To be considered, you would need to first submit an Expression of Interest (EOI) via SkillSelect. The Department conducts invitation rounds to invite prospective Subclass 189 applicants to apply for the visa. Once you receive an invitation, you will have 60 days to apply for the visa itself or your invitation will expire
- See the “Process” tab for further information about the process.
Visa Eligibility
- Be invited to apply for this visa (and apply within 60 days of invitation);
- Be under the age of 45;
- Have a suitable skills assessment in an occupation on the Medium to Long Term Strategic Skills List (MLTSSL) for the Subclass 189 visa (see here);
- Score a minimum of 65 points on a points test (though pragmatically the actual score required to receive an invitation is often much higher)
- Demonstrate a “competent” level of English; and
- Satisfy health and character requirements.
- All of the above criteria need to be met at the time of invitation, other than the health and character requirements.
Documents
Skilled Independent (Subclass 189) visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity, and your occupation. Your Global Solicitor advisor will provide you with a link to the Global Solicitor portal which will set out the specific documents required.
General Documents
- Your passport biodata page
- Evidence of relationship to family members included in your application (such as birth certificates and marriage certificates)
- Evidence you have a “competent” level of English, at the time you are invited to apply for the visa
- Evidence of a suitable skills assessment, at the time you are invited to apply for the visa
- Evidence of your qualifications (if claiming points); and
- Evidence of your employment history (if claiming points), such as employment reference letters and evidence that it was paid (such as pay slips or tax documents)
- Evidence of other things that points are claimed for (i.e. NAATI accreditation, partner’s English + skills assessment, satisfying Australian study requirement)
- Police clearances from any country you have lived in for 12 months or more in the last 10 years
- Registration, licensing, and professional membership certificate (as relevant)
Process
Skilled Independent (Subclass 189) visa
Unlike many visas to Australia, you cannot apply for the Subclass 189 visa directly. There is a particular process that must be followed, including applying for an expression of interest (EOI) and subsequently being invited to apply for the visa. There are certain nuances around the process including submission of the EOI, how often invitations are conducted, timing to apply for the visa, and others which are outlined further on the right side of this page.
Gathering the Documents
To ensure that you have the correct points score, and are ready to lodge your visa application as soon as possible after receiving an invitation, we strongly recommend collating all the documents for your Subclass 189 visa before submitting the expression of interest (EOI).
This ensures that you can sufficiently evidence everything that you’ve claimed points for, and the subsequent visa application process goes as smoothly as possible.
Submitting an EOI
Once you’ve correctly calculated your points to satisfaction, you will need to submit an Expression of Interest (EOI) for the Subclass 189 visa via Skill Select. The EOI effectively will have your details including name, point score, and date of submission.
Once you’ve submitted an EOI, it remains in the Department’s system for up to two years. You can update your EOI as appropriate, otherwise, it will also automatically update your points in certain circumstances (for example, if you move into a different age bracket or your years of work experience increase).
Invitation Rounds
The Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently, the Department conducts invitation rounds quarterly (every 3 months).
If selected, you will receive an invitation through Skill Select to then apply for the visa. You should also receive an email notifying you of this. This invitation is valid for 60 days, and you will need to apply for the Subclass 189 visa before then.
Applying for the Visa
After receiving an invitation, the next step is to apply for the Subclass 189 visa application itself. You should ensure that all your documents are still valid at the time of invitation invite, and then obtain things such as police clearances and undertake your health examination.
After Application
The Department will send an acknowledgment letter once your application has been received. The standard processing times for the Subclass 189 visa as of 31 January 2023 are that:
- 50% are processed in 83 days; and
- 75% are processed in 3 months.
The Department will not provide any updates, either they will request further information from you or make a decision.
Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa. If you are in Australia during the application process, ensure you hold a valid substantive visa or Bridging Visa until the application is processed.
Be sure to advise the Department if there are any mistakes on your application but submitting a Notice of Incorrect Answers, or if your circumstances change after you have applied.
Visa Outcome
The Department will advise you of the outcome of your Subclass 189 visa in writing, which confers permanent residency. If your visa application is successful, you will be advised of:
- Your visa grant number
- The travel facility applicable to your visa (when it starts and ends); and
- When you must make your first entry (if you are overseas – typically one year from the date of grant).
Your visa will be electronically linked to your passport, so you won’t need to put a visa label on your passport or attend any embassy/high commission after approval. Generally, it is a good idea to retain an electronic copy of the decision for when you arrive and whilst you live in Australia, you may need to provide it as evidence of your PR status.
After residing in Australia for a certain period of time, you may be eligible for Australian citizenship (see here for more information).
Hong Kong / New Zealand stream
Skilled Independent (Subclass 189) visa
New Zealand Stream
The Subclass 189 visa under the New Zealand stream, is a transitionary pathway to permanent residency available to certain New Zealand citizens who started living in Australia before 19 February 2016, and satisfy certain residency and income requirements.
To be eligible, you:
- Must nominate the “New Zealand” stream of the Subclass 189 visa;
- Need to have been “usually resident” in Australia for a continuous period of at least 5 years immediately before the date of application;
- Need to have commenced the continuous period of usual residence on or before 19 February 2016;
- Must provide your notice of assessment (showing your income tax liability) about 3 income tax years during the 5 years immediately before the date of application, and:
- One of which must be the income year that ended most recently before the date of application);
- For each of the three income years provided, your taxable income must be at least $53,900 unless exempt;
- Must be of good health and character.
Hong Kong Stream
From 5 March 2022, the Subclass 189 visa under the Hong Kong stream, is a pathway to permanent residency available to certain Hong Kong citizens who held/hold a work and/or Graduate 485 visa and have been usually resident in Australia for at least 4 years immediately before the date of application.
To be eligible, you:
- Must nominate the “Hong Kong” stream of the Subclass 189 visa;
- Hold a Hong Kong passport or a British National (Overseas) passport; and
- Held a Subclass 457, Temporary Skill Shortage (TSS) Subclass 482, or Graduate Subclass 485 visa as the primary applicant;
- Must have complied substantially with the conditions of your visa(s) and any subsequent bridging visas;
- Need to have been “usually resident” in Australia for a continuous period of at least 4 years immediately before the date of application;
- Must be of good health and character.