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Skilled Independent Visa Subclass 189 (Permanent Visa)

The Skilled Independent Visa – subclass 189 visa is one of the most popular visas to migrate permanently to Australia. It provides a direct pathway to permanent residency, and eligibility is determined by the applicants’ background and merits. There is no requirement for any sponsorship or nomination.

However, the applicants must secure an invitation from the Department of Home Affairs to apply for the subclass 189 visa. A positive skills assessment is also required, and the applicants must nominate an occupation that is on the eligible occupation list set by the Australian Government.

Points Tested Stream

The points tested stream ‘rank’ the applicants based on their ‘points’ claimed. The factors that determine an applicant’s points are based on many factors, such as age, English language proficiency, qualifications, work experience, etc.

 

There are several processes involved:

 

  1. First, an applicant must meet the minimum points requirement. The minimum total point is currently set at 65 points. In other words, applicants who are unable to claim at least 65 points are not eligible to apply.
  2. Second, submit an Expression of Interest (EOI) to the Department of Home Affairs. In the EOI, an applicant must provide details on how many points they wish to claim.
  3. Third, the Department of Home Affairs will issue an invitation to apply for the subclass 189 visa. The applicant will then be given time to lodge their visa application.
  4. Fourth, the applicant must submit the subclass 189 visa application within the timeframe.
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Occupation List and Skills Assessment

Applicants of a skilled 189 visa in the points-tested stream must nominate an occupation that is listed on the eligible occupation list set by the Australian Government. Otherwise, they will not be eligible to apply.

 

A positive skills assessment is also required to be obtained and must still be valid at the time of invitation for the visa. In other words, applicants who do not have a positive skills assessment, or whose assessment has expired, will not be eligible to apply even though they receive an invitation from the Department of Home Affairs.

 

A recent case of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 has recently ‘redefined’ the term ‘at time of invitation’

New Zealand Stream

This stream was available for holders of New Zealand passport who lives in Australia for at least 5 years since February 2016.

However, this stream is no longer available since 10 December 2022.

In 2023, the Australian Government announced that from 01 July 2023, New Zealand citizens living in Australia will be eligible for Australian Citizenship.

Hong Kong Stream

This stream is for holders of Hong Kong or British National Overseas passports who have been holding either a subclass 457, 482, or 485 visa for at least 4 years.

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Adding Dependent Applicants on the 189 Visa Application

An applicant may include their family members, such as partner and/or children, at the same time when the subclass 189 visa application is lodged, or during the processing of the application.

 

Any family members cannot be included after the subclass 189 visa is granted. Rather, the skilled 189 visa holder may sponsor the family member on another type of visa, such as a partner visa.

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189 Visa Australia Frequently Asked Questions

There is no set timeframe for how long an applicant will receive an invitation. It is also possible for an applicant to never receive any invitation. If an applicant has not received any invitation for two years since the EOI is lodged, then it will expire, and the applicant will need to lodge a new EOI.

Yes, an applicant can be in or outside Australia when applying for a subclass 189 visa. However, applicants outside Australia may not be eligible for a bridging visa to remain or enter Australia during the processing of the subclass 189 visa application.

If you submitted the visa application while you are in Australia and you are granted a bridging visa, you may remain in Australia during the processing of your subclass 189 visa application.

The main difference is that a subclass 190 visa application requires the applicant to be nominated by a State/Territory Government. If nominated, the respective State/Territory Government will add an extra 5 points to your total points claimed. However, the State/Territory Government may impose additional requirements to those set by the Department of Home Affairs.

As a subclass 189 visa is a permanent visa, it will have a duration of 5 years. Thereafter, you may be eligible for a Resident Return visa, or an Australian Citizenship.