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Skill Migration (189,491,190)

Skill Migration (189,491,190)

Skill Migration (189,491,190)

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Type Selection

SKILLED INDEPENDENT VISA
(SUBCLASS 189)

Features

This stream is for Points-tested skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government. It allows you to live and work in Australia as a permanent resident.

For the Skilled Independent (Points-tested) stream you need to submit an expression of interest.

 If you are a New Zealand citizen you may be eligible to apply for the Skilled Independent visa (subclass 189) (New Zealand) stream

Eligibility

have a relevant occupation on the 189 occupation list (MLTSSL) have a suitable skills assessment for the occupation Lodge an EOI and be invited to apply meet the points test pass mark of 65 points (as of 1 July 2018) Be aged between 18 and 44 inclusive have Competent English be invited to apply. Meet health and character requirements

Eligibility
Occupation

Your occupation must be on the relevant list of eligible skilled occupations. 

You must have a skills assessment that shows you have the skills and qualifications to work in that occupation.

Points score

Your occupation must be on the relevant list of eligible skilled occupations. 

You must have a skills assessment that shows you have the skills and qualifications to work in that occupation.

 Points score

 You must be able to meet the points score on your invitation letter. This score will be 65 points (as of 1 July 2018) or more. 

The score on your invitation letter is based on the information in your EOI. You must be able to meet the points score eligibility at the time you are invited to apply for the visa.

 Everyone who wants to be invited to apply for the visa must submit an EOI. When you submit your EOI you will be ranked against other intending applicants and might be invited to apply for the visa (your EOI will stay in the pool for up to 2 years).  There is no cost to submit an EOI.

491 VISA (SKILLED WORK REGIONAL VISA)
– PROVISIONAL

Points score

The new 491 visa, Skilled Work Regional (Provisional) subclass 491 visa will enable eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. Visa holders will be eligible to apply for a Permanent Residence visa after three years. Applicants for this visa must be nominated by: 

an Australian state or territory government agency or 

Sponsored by an eligible family member residing in a designated regional area and be invited to apply for the visa, following submission of an Expression of Interest (EOI) in SkillSelect.

 Subclass 491 Skilled Work Regional (Provisional) visa will replace the current 489 visa and commences November 16, 2019. The 491 visa is a skilled and a points tested visa . It has a 45 year age limit and requires a positive skills assessment. 

The visa validity period is 5 years. Conditions, namely 8579 will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas. Visa holders may move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne and Brisbane. Important change: Perth and Gold Coast are classified as regional areas. You may work in any occupation and for any employer in line with the work and residence conditions attached to your visa. 

Holders of the new provisional visas will also be unable to apply for most other skills based visas in Australia unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist. Additionally, similar to current arrangements for the subclass 457 and 482 visa program, holders of the new provisional visas can be negatively impacted by sponsor non-compliance. 

The new 491 visa permanent pathway will be:

 Subclass 191 Permanent Residence (Skilled Regional): To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 491 or 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements. You must show earnings of at least $53,900 per annum for three years. Your partner can also be the main applicant for the 191 visa if they can demonstrate this criteria. 

Effect on current 489 visa to 887 visa pathway:

 The Skilled Regional (Provisional) Visa (subclass 489) is now closed to new applicants. Transitional arrangements are put in place for applications which have been lodged and are undecided, as well as applicants whose pathway currently targets the permanent Skilled Regional Visa (subclass 887). Skilled Migration Changes: The skilled migration points test will change from November 16, 2019. The changes will affect subclass 491 applicants as well as applications for other skilled migration visas that have not been assessed at that time (but only in a way that is beneficial for applicants, by providing additional points). Other points for age, qualifications, overseas and Australian work experience, Australian study and English points will apply. The new points details are: 

15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;

 10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;

Partner Points

10 points, if one of the following apply: 

skilled spouse or de facto partner (Skills assessment and Competent English); or 

applicants without a spouse or de facto partner (single) or 

5 points:  if your partner has Competent English. Your partner can be over 45 years of age and does not need a Skills Assessment. TSS vs 491 vs 494 visa

Summary of the 491 visa:

15,000 places allocated each year

be on the 491 occupations list

Replaces 489 family and state sponsored visas

Must be sponsored by an eligible relative or state authority

Points tested Visa

will be granted for initially 5 years

Must live and work for 3 years in regional areas to get Permanent Residence (Skilled Regional) 191 Visa

You or your partner will need to earn for those 3 years a minimum income each year ($53,900 per annum)- for the State sponsored stream it may be in any occupation however if employer sponsored it must be in the nominated occupation.

Regional Australia is everywhere except Sydney, Melbourne and Brisbane. You may move between regions- Regional areas include Perth, Gold Coast, Sunshine Coast, Lake Macquarie, Illawarra, Geelong, Newcastle, Wollongong, Adelaide, Hobart and Canberra. Cannot apply for any other skilled PR or 820 partner visa for 3 years DHA Fee (main applicant) $4,045 and for spouse is: $2,025

Benefits of the 491 visa:

Priority processing of regional applications

Incentives for migrants to stay in regional areas longer term as they build ties through workforce and community participation

More points available to subclass 491 visa applicants

Ranking systems for an invitation to apply for a 491 visa

1.First: Applicant with a skilled partner OR applicants without a partner 

2.Second: Applicant with a partner who can demonstrate Competent English (but does not have the skills for skilled partner points)

 3.Third: Applicant with a partner who is ineligible for either competent English or Skilled partner points.

Nomination by an Australian state or
territory government agency

If you are nominated for the visa, we will invite you to apply. All state and territory government agencies have their own criteria for deciding who they will nominate. Each state has its own requirements: 

New South Wales 

Northern Territory 

Queensland 

South Australia 

Tasmania 

Victoria

 Western Australia

Sponsorship by an eligible relative
(Family stream)

Please note that for the 491 family stream your occupation must be on the MLTSSL list. Your sponsor must be: 18 years old 

or older usually resident in a designated area of Australia be an Australian citizen, 

an Australian permanent resident, or an eligible New Zealand citizen be your or your partner’s eligible relative An eligible relative can be: a parent a child or step-child a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece a grandparent, or a first cousin Sponsorship must be approved before you can be granted a visa.

Do the sponsor and the applicant need to
reside in the same State/Territory?

There is no requirement in policy or the regulations that the sponsor and applicant must live in the same regional area, however, the sponsor must continue to meet all the sponsorship requirements that they have agreed to, regardless of where they are each living.”

Have a suitable skills assessment

For your application to be valid, you must declare that you have a suitable skills assessment at time of invitation. You will need to provide a copy of this skills assessment with your application. For medical and legal practitioners, we also accept the following as proof of a skills assessment:

 full or unconditional or general medical registration with the Australian Health Practitioner Regulation Agency conditional specialist registration with the Australian Health Practitioner Regulation Agency. 

This only allows you to practise in your speciality. You need no further training or supervision admission to practice law in the relevant state or territory Your skills assessment must have been obtained in the 3 years before the date of your invitation. 

If the assessment was for a shorter period, that period must not have passed. If your skills were assessed on the basis of a qualification you got in Australia when you held a student visa, the qualification must be from studying a course registered on CRICOS

SKILLED NOMINATED VISA
(SUBCLASS 190)

Features

190 visa is points based and allows skilled workers who are nominated by an Australian state or territory government live and work in Australia as a permanent resident.

Related: See state migration programs closing in response to COVID-19 that are affecting 190 visa.

Eligibility

have a relevant occupation on the 190 visa occupation list have a suitable skills assessment for the occupation meet the points test pass mark of 65 points (as of March 2022) be nominated by a state or territory government agency Lodge an EOI and be invited to apply Be aged between 18 and 44 inclusive have Competent English Meet health and character requirements

The process

Nomination by a State or Territory Government 

Each State and Territory Government has its own list of occupations in demand in their area. There may be specific requirements in relation to your work experience, English language ability or specialised skills.

Submit an expression of interest (EOI) via SkillSelect with details of your nominated occupation, skills and qualifications. SkillSelect will estimate a points score; if you score high enough, Australian state and territory government agencies will be able to view your EOI and decide if they want to nominate you. 

If you are nominated by a state or territory agency, you will be invited to apply for the visa. If you are invited, you have 60 calendar days to apply for the visa. We will then process your visa application. To see the processing time for the 190 visa see here.

Points score

You must be able to meet the points score on your invitation letter. This score will be 65 points or more. The score on your invitation letter is based on the information in your EOI. You must be able to meet the points score eligibility at the time you are invited to apply for the visa.

Features

190 visa is points based and allows skilled workers who are nominated by an Australian state or territory government live and work in Australia as a permanent resident. Related: See state migration programs closing in response to COVID-19 that are affecting 190 visa.

Eligibility

have a relevant occupation on the 190 visa occupation list have a suitable skills assessment for the occupation meet the points test pass mark of 65 points (as of March 2022) be nominated by a state or territory government agency Lodge an EOI and be invited to apply Be aged between 18 and 44 inclusive have Competent English Meet health and character requirements

The process

Nomination by a State or Territory Government Each State and Territory Government has its own list of occupations in demand in their area. There may be specific requirements in relation to your work experience, English language ability or specialised skills. Submit an expression of interest (EOI) via SkillSelect with details of your nominated occupation, skills and qualifications. SkillSelect will estimate a points score; if you score high enough, Australian state and territory government agencies will be able to view your EOI and decide if they want to nominate you. If you are nominated by a state or territory agency, you will be invited to apply for the visa. If you are invited, you have 60 calendar days to apply for the visa. We will then process your visa application.

Points score

You must be able to meet the points score on your invitation letter. 

This score will be 65 points or more. The score on your invitation letter is based on the information in your EOI. 

You must be able to meet the points score eligibility at the time you are invited to apply for the visa.

Points score

Use the points table to calculate your test score 

English language ability 

Skilled employment 

Qualifications 

Australian study requirement 

Specialist education requirement 

Partner points Other factors

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