Subclass 189
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Skilled Independent Visa
Are you a skilled worker looking to live and work in Australia permanently? The Skilled Independent Visa (Subclass 189) Points Tested Stream might be the right choice for you! There are three streams in subclass 189.
Key Features of Subclass 189
Eligibility Criteria
Overview
The Points tested stream of the subclass 189 visa allows highly skilled workers who are not sponsored by an employer, State or Territory of Australia, or family member to live and work permanently in Australia. If you wish to apply for this visa under the Points tested stream, you must first obtain a positive skills assessment for your nominated occupation, and then lodge an Expression of Interest. If this is successful, you will be invited to lodge a visa application.
Eligibility Criteria
At the time that you are invited to apply for this visa, you must:
- be under 45 years of age
- nominate an occupation that is included on the Medium and Long-term Strategic Skills List (MLTSSL)
- have your skills assessed by the appropriate Australian skills assessing authority as suitable for your nominated occupation
- have competent English i.e.
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- an IELTS test score of at least 6 in EACH test component OR
- a PTE test score of at least 50 in EACH test component OR
- an OET test score of at least B in EACH test component OR
- a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
- a CAE test score of at least 169 in EACH test component
NOTE: In each case, the test must have been undertaken within the three years PRIOR to lodging the visa application.
- score at least 65 on the relevant points test (which takes into account your age, English competency, qualifications and work experience, amongst other factors)
- Meet health and character requirements
- Be invited to apply
How We Can Help
Navigating the Australian visa system can be complex, but at Emigrate Lawyers, we are here to help. Our experienced migration lawyers can assist you throughout the application process, from submitting your Expression of Interest (EOI) to preparing and lodging your visa application.
Contact us today to discuss your eligibility for the Subclass 189 visa and how we can help you make Australia your new home.
Overview
The Skilled Independent Visa (Subclass 189) Hong Kong Stream is a pathway for eligible Hong Kong passport holders who are currently residing in Australia. This stream offers a unique opportunity for Hong Kong residents to secure permanent residency in Australia.
Eligibility Criteria
To be eligible for the Hong Kong Stream of the Subclass 189 visa, you must:
- Hold a valid Hong Kong Special Administrative Region (HKSAR) passport at the time of application.
- Hold an eligible visa - You must hold an eligible visa at the time your visa application is made, and you must have held that visa for at least 4 years prior to that date. Multiple visas, including visas of the same subclass, cannot be combined to meet this requirement. An eligible visa is a subclass 457, 482 or 485 visa that was granted to you on the basis of satisfying the primary criteria.
- If your eligible visa was granted before 9 July 2020 - Your visa must not expire after 8 July 2025.
- If your eligible visa was granted on or after 9 July 2020 - Your visa must be valid for 5 years.
- Meet health, character, and security requirements.
How We Can Help
Navigating the visa application process can be complex, but at Emigrate Lawyers, we are here to help. Our experienced migration lawyers can assess your eligibility for the Hong Kong Stream, assist with your visa application, and provide guidance throughout the process.
Overview (closed to new applications)
This stream is for eligible New Zealand citizens who have been living in Australia for a continuous period of at least five years and have been earning a certain income.
Eligibility Criteria:
- Be a New Zealand citizen who arrived in Australia after 26 February 2001.
- Have been living in Australia for at least five years.
- Have been earning a certain income for at least four of the five years before applying.
This Stream is now closed:
The Skilled Independent (subclass 189) (New Zealand stream) visa permanently closed to new applications on 1 July 2023. This closure means you cannot lodge a new application for a New Zealand stream visa. This is in support of the new direct pathway to Australian citizenship for New Zealand citizens. The Department of Home Affairs will continue to process on-hand applications.
If you are a New Zealand citizen. Contact Emigrate Lawyers to learn about your Australian immigration pathway.
Application Process
Expression of Interest (EOI)
Submit an Expression of Interest (EOI) via SkillSelect with details of your nominated occupation, skills and qualifications. SkillSelect will estimate a points score and rank you against other intending migrants.
If you are ranked high enough and there are places available for your nominated occupation, you will be invited to apply for the visa.
If you are invited, you have 60 calendar days to apply for the visa.
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
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.
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.
Can I apply in Australia or Overseas?
You can be in or outside Australia when you submit your EOI. You can either be in Australia or overseas when you apply for a Subclass 189 Skilled Independent Visa. To be able to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you will receive a bridging visa allowing you to remain in Australia during processing of your visa application. If your current visa is refused or cancelled you might not be eligible to apply for the 189 visa while you were in Australia.
How We Can Help
Navigating the Australian visa system can be complex, but at Emigrate Lawyers, we are here to help. Our experienced migration lawyers can assist you throughout the application process, from submitting your Expression of Interest (EOI) to preparing and lodging your visa application.
Contact us today to discuss your eligibility for the Subclass 189 visa and how we can help you make Australia your new home.
Health Exam
We prefer that you have any health checks before you apply for the visa.
Gather your documents
You will need to provide identity, character and other documents that evidence that you meet the criteria for this visa. Where applicable, your partner and any dependent children will also need to provide documents evidencing that they meet the criteria specific to them.
- Identity Documents
- Residence Documents
- Character Documents
- Proof of Functional English - Applicants aged 18 years and older, who can't provide evidence of functional English, will need to pay the second instalment of the visa application charge when DoHA ask for it.
- Relationship Documents (if applicable)
- Partner Documents (If applicable)
- Parental responsibility documents (if applicable)
Lodge your Application
You need to lodge the application online via ImmiAccount. You will need to pay the first application charge. DoHA will not process your application until you pay this first instalment of the visa application charge. Note your transaction reference number (TRN).
Visa Outcome
- You can be in or outside Australia when we decide your visa application but not in immigration clearance. We will let you know our decision in writing.
If DoHA grant your visa, they will tell you:
- your visa grant number
- the date your visa starts
- your visa conditions, if applicable
Keep a copy of the decision.
If DoHA refuse your visa, we DoHA will tell you:
- why it refused the visa
- whether you have a right to a review of the decision
DoHA will not refund the application charge if it refuses your application.
How We Can Help
Navigating the visa application process can be complex, but at Emigrate Lawyers, we are here to help. Our experienced migration lawyers can assess your eligibility for the Hong Kong Stream, assist with your visa application, and provide guidance throughout the process.
Overview (closed to new applications)
This stream is for eligible New Zealand citizens who have been living in Australia for a continuous period of at least five years and have been earning a certain income.
Eligibility Criteria:
- Be a New Zealand citizen who arrived in Australia after 26 February 2001.
- Have been living in Australia for at least five years.
- Have been earning a certain income for at least four of the five years before applying.
This Stream is now closed:
The Skilled Independent (subclass 189) (New Zealand stream) visa permanently closed to new applications on 1 July 2023. This closure means you cannot lodge a new application for a New Zealand stream visa. This is in support of the new direct pathway to Australian citizenship for New Zealand citizens. The Department of Home Affairs will continue to process on-hand applications.
If you are a New Zealand citizen. Contact Emigrate Lawyers to learn about your Australian immigration pathway.
Processing Times
Processing time of your visa application depends on following factors –
- whether you have lodged a complete application, including all necessary supporting documents
- how quickly you respond to any requests for additional information
- how long it takes to perform required checks on the supporting information provided
- how long it takes to receive additional information from external agencies, particularly in relation to health, character, and national security requirements
- how many places are available in the migration program
At Emigrate Lawyers, we take care of your application from start to finish, managing your case until a decision is made by the relevant authority. Our goal is to alleviate your concerns by handling all aspects of your case, allowing you to focus on other priorities with peace of mind.
Application Process
Stage 1: Initial Eligibility Assessment
The first step that we will take is to conduct an initial assessment of your eligibility for this visa. This involves reviewing your qualifications, work experience, English language and other circumstances, to establish whether or not you are likely to meet the relevant requirements.
As part of this initial eligibility assessment, we will consider which MLTSSL occupation(s) you are likely to be able to nominate, and whether or not you are potentially eligible for a positive skills assessment from the relevant assessing authority for that occupation.
We will then provide you with informed and comprehensive advice about your ability to meet the minimum standards that the DHA requires migrants to fulfil in order to qualify for an invitation to apply for this visa.
Stage 2: Skills Assessment
Should our initial assessment indicate that you are eligible for a positive skills assessment and EOI, we will prepare your skills assessment application.
For each skilled occupation listed on the MLTSSL, the DHA has specified an assessing authority that may carry out skills assessments for that occupation. Only a skills assessment conducted by the relevant assessing authority will be accepted by the DHA in support of an EOI.
We will provide you with a full list of the information and documents required to support your application. When you have provided the necessary details and documents, along with the required assessment fee, we will lodge your application with the applicable skills assessing authority.
Stage 3: Expression of Interest
Once you have received a positive skills assessment from the skills assessing authority, we will prepare and lodge your EOI. Although you do not need to provide supporting documents at this stage, you MUST be able to provide evidence that the information supplied in the EOI is correct at the time that you are invited to apply for the visa.
You will subsequently receive a result and points score from the DHA, which is used to rank you against other applicants who have lodged EOIs for this visa. Ranking is based partially on whether or not your occupation is a skill that Australia requires at the time your EOI is assessed. If your EOI is successful, you will be invited to lodge a visa application.
Note: The DHA retains an EOI for 2 years from the date that it is lodged. During this time, your EOI can be updated if any of your circumstances change (e.g. you obtain a new qualification or skills assessment). If your ranking changes during this 2-year period, based on either your changing circumstances or Australia’s changing skill needs, you may be issued with an invitation to apply for the visa at that point in time.
Stage 4: Visa Application
Once the DHA has invited you to apply for this visa, we will prepare and lodge your visa application within the specified time frame, together with all of the documents that support the information that you provided in your EOI. This includes your skills assessment, English language test results, qualifications, work references and all other required documents.
Should your visa application be approved, you will be granted a permanent visa. You may be either in Australia or overseas when your visa is granted.
PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you provide us with the necessary supporting information and documents.
The time that it takes the DHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.
Contact Us Today
Ready to start your journey to Australia with the Subclass 189 visa? Contact us today to schedule a consultation with one of our migration lawyers.
Why Choose Emigrate Lawyers?
Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.
We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.
We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.
Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.