Skilled migration is a pathway to Australia based on occupation, skills and points, with no employer sponsorship needed. The main visas are the Skilled Independent visa (subclass 189), the Skilled Nominated visa (subclass 190) and the Skilled Work Regional (Provisional) visa (subclass 491). Applicants generally need an eligible occupation, a skills assessment, to be under 45, the required level of English and at least the pass mark on the points test, and must receive a SkillSelect invitation before lodging a visa application. This article explains the legal framework, the process, common problems and the documents you need.
Legal framework
Skilled visa criteria are set out in the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth), with the points test in Schedule 6D. Eligible occupation lists, invitation rounds and state nomination criteria are set by legislative instrument and government policy, and adjusted in line with the annual Migration Program. The Commonwealth Government has recently consulted on reforming the points test, so check the rules in force when you lodge your Expression of Interest and when you are invited.
Main visa types
- Subclass 189 (Skilled Independent): A permanent visa that needs no state nomination or family sponsorship. Invitations are limited, and competition depends on occupation and points. For the detailed criteria, see Eligibility for the subclass 189 Skilled Independent visa.
- Subclass 190 (Skilled Nominated): A permanent visa that requires nomination by a state or territory government; the nomination also adds points. Each state has its own occupation list and residence and work requirements.
- Subclass 491 (Skilled Work Regional): A five-year provisional visa that requires state or territory nomination or sponsorship by an eligible relative, and living, working and studying in a designated regional area. Holders who meet the requirements can apply for a permanent subclass 191 visa.
For a comparison of the three visas, see Skilled migration to Australia for Asian professionals: 189, 190 and 491.
The process
- Check your occupation: Identify the right occupation by its ANZSCO code and check it is on the occupation list for the relevant visa.
- Skills assessment: Apply to the relevant assessing authority, which reviews how your qualifications and work experience relate to the occupation.
- English test: Achieve the required score; higher scores earn more points.
- Lodge an Expression of Interest (EOI): Lodge through SkillSelect and claim only the points you actually have. If you are seeking state nomination, you must also apply through that state's process.
- Lodge the visa application once invited: Generally within the set period after the invitation. You must have had every point you claimed at the time of invitation, backed by evidence.
- Health and character checks: Complete health examinations and provide police certificates from each relevant country.
Main points test factors
Points are awarded for age, English, overseas and Australian work experience, qualifications, Australian study, a Professional Year, a credentialled community language, regional study, partner skills or single status, and state nomination or regional sponsorship. The pass mark is 65, but the score actually needed for an invitation depends on competition in each occupation.
Common issues and risks
- Points claimed in the EOI that can't be proved with evidence at the visa stage, which can lead to refusal.
- The skills assessment recognising fewer years of work than claimed, so work experience points are overstated.
- Age, English test results or the skills assessment changing or expiring after the invitation, affecting eligibility.
- Providing false or misleading documents, which can trigger public interest criterion 4020, leading to refusal and a bar on reapplying.
- 491 visa holders not complying with the regional residence and work conditions, which affects a later permanent 191 application.
How this fits with other pathways
Many applicants first build Australian qualifications and work experience on a student visa or a Temporary Graduate visa (subclass 485) before applying for skilled migration. See Pathways to permanent residence for 485 visa holders. If you don't have enough points, an employer-sponsored visa may also be an option.
Documents you’ll need
Usually your passport, skills assessment, English test results, degree certificates and transcripts, employment evidence (employer references, contracts, payslips and tax records), evidence of partner skills (if applicable), state nomination documents, police certificates and health examination results. Documents not in English need an accredited English translation.
How we help
Chua Tan Associates has practised in Melbourne since 1990. Two of our lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We can help assess your occupation and points, review your skills assessment and EOI claims, prepare your visa application, and handle review after a refusal. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page.
Frequently asked questions
What is the minimum score for Australian skilled migration?
The pass mark for the points test is 65. But invitations for subclasses 189, 190 and 491 are limited, so the score actually needed for an invitation depends on the occupation, the places available and competition, and is often higher than the minimum. The Government has also consulted on reforming the points test, so check the rules in force when you are invited.
What is the difference between the 189, 190 and 491 visas?
The 189 is a permanent independent skilled visa that needs no sponsor. The 190 is a permanent visa nominated by a state or territory. The 491 is a five-year provisional regional visa that needs state nomination or sponsorship by an eligible relative; holders who meet the requirements can then apply for a permanent 191 visa. The three also differ in their occupation lists and residence requirements.
Is there an age limit for skilled migration?
Yes. Subclasses 189, 190 and 491 generally require applicants to be under 45 when invited. Age also earns points, with different points for different age brackets, so the timing of your Expression of Interest can affect the outcome.
What happens if the points claimed in my EOI turn out to be wrong?
Your visa application must show, with evidence, that you had the points you claimed at the time of invitation. If you can't, the application may be refused. If false or misleading information is involved, public interest criterion 4020 may also apply, so you cannot be granted a visa for a period.
Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.
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