Certain individuals with highly in demand skills can apply for permanent residency independently, through the Skilled Independent (subclass 189) visa
The 189 is a completely independent skilled pathway to permanent residency. See if you qualify below.
Skilled Independent (Subclass 189) visa
The Subclass 189 visa is a points tested visa application which can lead directly to permanent residency. Although anyone can submit an expression of interest (EOI) through Skill Select, it is an invitation only application where the Department selects the highest scoring candidates out of the eligible pool. There are two other streams under this visa for certain citizens of Hong Kong and New Zealand which have completely differing criteria and are specifically addressed under the “Hong Kong / New Zealand stream” tab.
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.
General eligibility
- be invited to apply for this visa;
- be under the age of 45;
- have a suitable skills assessment in an occupation on the relevant skilled occupation list (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.
Eligibility
Skilled Independent (Subclass 189) visa
There are certain minimum eligibility requirements for the visa, most of which need to be met at the time you receive an invitation to apply for the visa. It’s very important that you review these requirements to ensure that there are no issues when you apply for the visa itself following invitation.
Skills assessment
- a skills assessment is a process undertaken by an authorised 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 (see here);
- 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 would 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 favourable attributes such as age, English language ability, qualifications, years of work experience, 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 recognised 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 conduct invitation rounds to invite prospective Subclass 189 applicants to then 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 Hannan Tew advisor will provide you with a link to the Hannan Tew 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 payslips 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 which 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 are able to 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 SkillSelect. 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 increases).
Invitation rounds
The Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently the Department conduct invitation rounds quarterly (every 3 months).
If selected, you will receive an invitation through SkillSelect 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 acknowledgement letter once your application has been received.
The standard processing times for the Subclass 189 visa as at 31 January 2023 is 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 personal 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 by (if you are overseas – typically one year from date of grant).
Your visa will be electronically linked to your passport, so you won’t need to put a visa label in 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 certain periods of time, you may be eligible for Australian citizenship (see here for more information).
Hong Kong / New Zealand stream
Skilled Independent (Subclass 189) visa
There is an additional stream under the Skilled – Independent Subclass 189 visa aimed at certain citizens of Hong Kong.
Hong Kong stream
From 5 March 2022, the Subclass 189 visa under the Hong Kong stream, is a pathway to permanent resident available to certain Hong Kong citizens who held/hold a work and/or Graduate 485 visa and has 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.
189 visas
Frequently Asked Questions
How long is my skills assessment / English test valid for?
Both English test results and skills assessments must be valid at the time of invitation. Typically, an English test result is valid for 3 years and must be valid at the time of invitation. A skills assessment is ordinarily valid for 3 years unless the skills assessing authority specifies a shorter duration of time (for example ACS often specify 2 years).
Does submitting an EOI give me a Bridging Visa?
No – the EOI is not an application for a visa, so does not confer a Bridging Visa. If your current substantive visa is expiring and you want to stay in Australia, you would need to seek another visa.
How long will this process take?
It is quite difficult to advise accurately as this varies on the Department’s invitation rounds. Things such as how many EOI applicants there are, your point score, other candidates point scores, the number of invites issued, all affect the timing. Once you receive the invitation however and apply for the visa, the processing times for the 189 visa itself are published by the Department here.
Do different occupations get invited on different point scores?
Yes – it is possible for certain occupations to be invited on higher or lower point scores that others. This can be reflective of skill shortages for particular occupations, or competitiveness of others.
The Department also implement occupation ceilings for certain occupation groups to ensure that the program remains balanced and to invite migrants across a variety of skilled occupations. This can result in certain occupations being invited on different points.
Do I need to tell my employer that I'm applying for this visa / Do they get notified that I'm applying or have applied?
No. You do not need to notify your employer that you’re applying for this visa. The Department do not tell anyone that you’ve submitted an EOI or applied for this visa.
Does the Subclass 189 confer permanent residency?
Yes – it does. The visa is granted with no conditions which also means that you can live, work, and study wherever you want in Australia.
Do I need to be working in my nominated occupation before applying?
You do not necessarily need to be working in your nominated occupation before applying for the visa. It could impact your ability to obtain a skills assessment, or your points calculation however.
Do I need to work in my nominated occupation after visa grant?
You do not necessarily need to work in you nominated occupation after grant. The visa is granted with no conditions.
Can I include my family in my Subclass 189 visa?
Yes, you generally can include your spouse/partner and children in your visa application. They will also receive a Subclass 189 visa.
There are specific requirements for children over the age of 18 to demonstrate dependency. Children 23 years or above cannot be included except in very limited circumstances.
I have a dependent partner, can they work?
Yes, your partner will have full work authorisation in Australia which means they can work for any employer.
Can my children study?
Yes. However, different States/ Territories in Australia have different requirements and fees may be applicable. We strongly recommend that you explore this with the education provider directly.
Can I access Medicare or other social security benefits as a Subclass 189 visa holder?
Yes – Subclass 189 visa holders have access to Medicare (see here).
Citizens of certain countries have access to Medicare under reciprocal arrangements with Australia.
Do I need health, character and / or English assessments for a Subclass 189 visa application?
Depending on your country of nationality, you may require health examinations to process your visa. Hannan Tew Immigration will advise you of
the relevant assessments once you have completed the information questionnaire.
You will need to demonstrate a “competent” level of English – see here.
You will need to provide police clearances for all countries in which you have resided for 12 months or more in the last 10 years. There are limited exemptions to this if your employer is an accredited business sponsor
Should I just book my health examinations and obtain police clearances?
The Department have appointed particular panel doctors who are authorised to conduct health examinations for Australian visa purposes.
If the health examinations are not carried out by these individuals, they will need to be redone.
The Department also require specific police clearances.
Please wait for instructions from your HT advisor to ensure that you don’t unnecessarily incur any costs or loss of time.
Do I need health insurance for my Subclass 189 visa?
No – Subclsas 189 visa holders are eligible for Medicare.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
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