Skilled Migration Lawyer Sydney, Australia

Skill Select

SkillSelect is an online service that enables potential visa applicants to lodge an expression of interest (“EOI”). The lodging of an EOI is not a visa application.

Once the EOI is lodged you may be invited to apply for a visa. Australian employers as well as state and territory governments have access to SkillSelect.

To submit an EOI you need to include (apart from your basic personal details), information about your nominated occupation, education, work experience, level of English skills and details of your skills assessment.

There is no fee for creating an EOI and it remains valid for 2 years.

You cannot apply for a skilled visa unless you receive an invitation.

Independent Skilled Migration

To be eligible for permanent residence skilled independent (subclass 189) visa, you must:

  1. Pass the points test;
  2. Be invited to apply (i.e. your EOI was successful);
  3. Be under 50 at the time you are invited to apply;
  4. Have an occupation which is on the skilled occupation list (“SOL”) and must have had your skills assessed (by the nominated assessing authority) for that occupation;
  5. Have “Competent English” which means that you have a score of 6 in each of the components of the IELTS test. You will be assumed to have Competent English if you hold a passport from the UK, USA, Canada, Ireland or New Zealand. Note that english language points are only awarded for IELTS scores of 7 and 8 and if you require the points, then you will have to sit the test.

 

 

Which Visas?

Which visas can you express interest in?

You can express interest in one (or more) of the following:

  • The Points Tested Skilled Visas:
    – Skilled Independent (subclass 189)
    – Skilled Nominated (subclass 190)
    – Skilled Regional (subclass 489)
  • The Business Innovation and Investment Visa (subclass 188)
  • The Business Talent (Permanent) Visa (subclass 132)
  • The various classes of Employer-Sponsored Visas:
    – Employer Nomination Scheme (ENS)(subclass 186)
    – Regional Sponsored Migration Scheme (RSMS)(subclass 187)
    – Temporary Business (Long Stay) visa (subclass 457)

 

Click on the headings below to read more about each visa.

Points Test

As at June 2014, the passmark was 60 points.

Age

  • 18-24 years (25 points)
  • 25-32 years (30 points)
  • 33-39 years (25 points)
  • 40-44 years (15 points)
  
English language

  • IELTS 8 on each component (20 points)
  • IELTS 7 on each component (10 points)
  
Overseas employment

  • 3 years out of the previous 10 working in nominated, or closely related occupation (5 points)
  • 5 years out of the previous 10 working in nominated, or closely related occupation (10 points)
  • 8 years out of the previous 10 working in nominated, or closely related occupation (15 points)
  
Australian employment

  • 1 years out of the previous 10 working in nominated, or closely related occupation (5 points)
  • 3 years out of the previous 10 working in nominated, or closely related occupation (10 points)
  • 5 years out of the previous 10 working in nominated, or closely related occupation (15 points)
  • 8 years out of the previous 10 working in nominated, or closely related occupation (20 points)
  
Professional year (5 points)  
Educational qualifications

  • Doctorate (20 points)
  • Bachelor degree (15 points)
  • Australian diploma (10 points)
  • Australian trade qualification (10 points)
  • Qualification recognised by assessing authority for nominated occupation (10 points)
  
Australian study

  • One or more degrees, diplomas or trade qualifications as a result of Australian courses (5 points)
  
Community language

  • Must be NAATI accredited (5 points)
  
Studying/living in regional Australia (5 points)  
Partner skills (5 points)  
State/territory nomination – subclass 190 (5 points)  
Designated area sponsorship – subclass 489 (10 points)  
State & Territory Nomination

The requirements for the permanent residence nominated skilled (subclass 190) visa are the same as for the subclass 189, but with the additional requirement of being nominated by a state or territory government.

Each of the States and Territories have their migration plans and are generally only prepared to sponsor occupations which are in demand in that particular state or territory. It is important to check the availability of nomination for your occupation.

You, will of course, be expected to live in the state or territory which sponsors you.

Designated Area

The regional sponsored skilled (subclass 489) visa is a provisional visa and is valid for 4 years.

To be eligible for this visa you must meet the same requirements as for the subclass 189, but also be sponsored by an eligible Australian relative living in a ‘Designated Area’, or nominated by a participating state or territory government. As a holder of this visa you must abide by the condition that you live, work and/or study in a ‘Designated Area’ or a ‘Regional Australia or low population growth metropolitan (RALPGM) area’.

If you have a relative living in a ‘Designated Area’ who is willing to sponsor you, he or she will need to be an Australian citizen, permanent resident or ‘eligible New Zealand citizen’. You or your partner must be related to your sponsor as:

  • a non-dependent child or non-dependent step-child;
  • a parent or step-parent;
  • a brother or sister, step-brother or step-sister;
  • a niece or nephew, step-niece or step-nephew;
  • an aunt or uncle, step-aunt or step-uncle;
  • a first cousin; or
  • a grandchild or step-grandchild.
Health and Character

All of the Skilled Visas are subject to health and character requirements.