2024 Guide to the Skilled Independent and State Nominated Visas: Eligibility, Requirements and the Application Process
The Skilled Independent (subclass 189 or 491 visa) or State/Territory Nominated (subclass 190 visa) are popular visa options for skilled workers who want to migrate to Australia without needing a job offer from an employer. These visas are based on a points system and allows individuals and their families to live and work in Australia permanently.
If you are considering applying for one of the subclass 189, 190 or 491 visas, you may have some questions about the process and would like to know where to start your journey. As a migration agent, we receive many questions about the skilled visa process. Here is a list of questions you can ask yourself to see if this visa option is the right one for you. If you want to know more or could not find your questions here, feel free to contact us for an initial consultation.
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The eligibility requirement for the skilled visas varies depending on the applicant’s circumstances. However, all applicants must meet these general eligibility criteria:
Be under 45 years of age at the time of invitation
Score at least 65 points
Have a positive skills assessment in an occupation listed in the relevant skilled occupation list
Have at least competent level of English
Meet the health and character requirements
Be invited to apply for the visa after submitting an Expression of Interest (EOI)
State and Territories, as well Skills Assessing Bodies set their own requirements and these must also be met by the applicant in addition to the above.
Open Visa Migration can assess your eligibility for the skilled visa, state and assessing bodies requirements, assess your points score against the regulations and advise on the appropriate visa preparation process for you. If you want to know more, get in touch with us for an initial consultation .
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You must first identify an occupation that corresponds substantially to your qualifications and employment experience under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) list.
Once you have found your occupation in ANZSCO, you can check if the ANZSCO code for your ocupation is on the relevant skilled occupation list to be eligible for the skilled visa.
This occupation list is set by the Australian Government and is updated regularly depending on the workforce demand in Australia.
The relevant skilled occupation list depends on the visa you would like to apply for:
Subclass 189 visa: Medium and Long-term Strategic Skills List (MLTSSL)
Subclass 190 visa: MLTSSL and Short-term Skilled Occupation List (STSOL)
Subclass 491 visa: MLTSSL, STSOL and Regional Occupation List (ROL)
The MLTSSL, STSOL and ROL are all available on the Department of Home Affairs website in one easy to navigate page here.
Get in touch with us for a consultation if you have questions regarding the occupation list or any of the other requirements for a Skilled visa.
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The minimum points required to be eligible for any of the skilled visa is 65 points.
You can check how many points you can score by using the Department of Home Affair’s Points Calculator.
However, achieving a score of 65 does not guarantee an invitation to apply, especially if there is a high volume of applications for that occupation and the ceiling has been reached.
For example, in the December 2022 round, the minimum required to obtain an invitation for an Analyst Programmer role was 85 points, whereas the minimum for all Nursing occupations was 65 points.
This means that for those who submitted an EOI under the Analyst Programmer occupation, only those who claimed at least 85 points were issued an invitation. Analyst Programmers whose score was less than 85 did not receive an invitation, even though the minimum eligibility score of 65 was met.
Applicants who are in occupations that are more popular, such as Accountants and Developer Programmer, may need to consider doing more to claim more points and stand out from the crowd.
The higher the points you can score, the higher your chance of receiving an invitation. Check out our tips on how to score higher points and increase your chance for an invitation to apply for the Subclass 189 visa, or speak to us if you want to know how you can increase your points.
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At the time of writing, the published Visa Application Charge (VAC) for the Skilled visa is $4,640 AUD. Additional fees apply for each accompanying applicant.
The Department of Home Affairs will not issue a refund if the visa application is refused for not meeting the points test. It can be a costly mistake if the visa application is refused due to incomplete documentation or because time ran out before critical information was able to be provided.
To ensure you are submitting a complete visa application and for a smoother visa application process, a registered migration agent can help manage the process for you, at any stage of the application.
Open Visa Migration can prepare your skills assessment and EOI, as well as submit your Skilled visa application from £1,600.
For more information, contact us.
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Once you have identified your ANZSCO and confirm that it is on the approved list for the visa you would like to apply for, you can start gathering all your supporting documents before commencing the application process.
This includes having your English test and skills assessment results ready, and obtain State/Territory nomination if required. For a full list of documents required, refer to the Department of Home Affair’s website.The skills assessing body can be found on the Skills Occupation List next to the ANZSCO code for your occupation.
The skills assessing bodies as well as State/Territory bodies can set their own requirements in addition to the visa requirements. You must meet them as well in order to be successful.
Step 1: Submit the EOI
To apply for any of the skilled visas, applicants will need to submit an Expression of Interest (EOI) through the Department’s online system SkillSelect. The EOI should include information about the applicant’s qualifications, work experience, language proficiency and other relevant details to claim points.
Step 2: Receive an invitation
Once the EOI is submitted, it will be ranked based on the points score and the applicant may be invited to apply for the visa.
Step 3: Apply for the visa for which you are invited
If an invitation is sent, applicants will have 60 days to submit a visa application and demonstrate in their application that they can evidence all the points claimed in their EOI. The visa application can be refused if the applicant failed to meet the points they claim on the EOI or could not provide sufficient supporting documents.
This is why it is best to arrange all supporting documents before submitting the EOI, such as the skills assessment. Processing times to arrange the relevant supporting documents differ from one authority to another and it may be difficult to decide in which order you should apply for them to avoid risk with the visa application.
If you are unsure of the application process or the order of priority to arrange your supporting documentation, we can advise on the best way as part of our complete service. To find out more, get in touch with us.
A migration agent can add value by advising you of the likelihood of receiving an invitation based on previous rounds and keep you updated with the latest change in regulations which could impact your application. To find out how we can support applicants throughout the entire visa process, check out our step by step guide to the Subclass 189 Visa Process.
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At the time of writing, the processing time for the skilled visa can take months.
Processing times vary greatly depending on the individual circumstances, the volume of applications, the complexity of the application, and other factors.
From our professional experience, lodging a decision-ready application can help in getting faster processing time. Open Visa Migration can help ensure that your application is decision-ready when preparing and submitting your skills assessment, EOI and visa application.
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At a minimum, applicants must demonstrate a Competent English level to qualify for the skilled visa.
Simply holding a passport from certain English-speaking countries such as the UK or the Republic of Ireland will automatically qualify as evidence of Competent English. However, no points will be rewarded for simply having Competent English.
To receive points under the English language requirement, applicants must sit an English test and be assessed to have at least a Proficient or Superior level of English. For more information on this and how many additional points are rewarded for higher English language ability, refer to our guide on how to score higher points and increase your chance for an invitation to apply for the Subclass 189 visa.
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The skills assessing bod will determine how many years can be counted as relevant work experience for the visa assessment. The type of documents the skills assessing authority will accept as evidence of work experience will differ from one authority to another.
Therefore, it’s worth going back in detail and determine how much of your work experience can be claimed, ensuring that all relevant experiences are adequately included in your skills assessment application. For guidance or help on how to maximise your chance for a positive skills assessment, get in touch with us for a free initial consultation.
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Yes, applicants can include their spouse or partner and children in their skilled visa application. All applicants must meet the relevant health and character requirements. The spouse or partner must also generally meet at least the Functional English language requirement.
Complexities may arise for example, if the applicant is trying to claim points for their partner/spouse, or if there is a dispute regarding the children’s legal guardianship.
Open Visa Migration can help by providing applicants with proper guidance on the inclusion of family members in the application, especially if any of the above scenarios exist, to ensure everyone achieves the best migration outcome. If you want to know more, get in touch with us for an inital consultation.
For more information on how to claim points for your spouse or partner, see our guide on how to score higher points and increase your chance for an invitation to apply for the Subclass 189 visa.
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If the skilled visa application is refused, applicants can decide whether they would like to appeal the decision (if eligible) or resubmit the application.
Open Visa Migration can guide clients on the best option to proceed after their visa has been refused, provide strategic advice based on the reasons for the refusal as well as the individual circumstances. If you want to know more, get in touch with us for a free inital consultation.
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Using a registered migration agent can help you navigate the complex Subclass 189 visa requirements and increase your chance of success. Open Visa Migration can help with your application by:
Providing advice on the visa process and requirements that are applicable to your circumstances
Strategically planning on the order or prioritisation to gather your supporting documentation to maximise efficiency and reduce the risk of visa refusal
Assisting you with the preparation of your skills assessment, EOI, visa application, and supporting documents to ensure a decision-ready application
Liaising with the Department of Home Affairs on your behalf
Providing ongoing support and advice throughout the application process and advise you of any relevant updates
If you are considering applying for a Subclass 189 visa and would like to submit with confidence, contact us and see how we can increase your chances of success.
Disclaimer: The information provided on this website is intended to serve as a general guide only and should not be relied upon as legal or professional advice. It is advisable to seek the guidance of a registered migration agent for tailored advice that is specific to your individual circumstances. We do not accept any liability for any reliance on the information contained on this website.