Skilled Independent visa (subclass 189)

Sunday 5 November 2023

What is the Skilled Independent visa (subclass 189)?

The Skilled Independent visa (subclass 189) Points-tested stream is a permanent visa for invited workers with skills needed in Australia. It allows recipients to live and work permanently anywhere in Australia. The visa has several key features and requirements:

Overview of the Visa (subclass 189):

The Skilled Independent visa (subclass 189) Points-tested stream is a highly sought-after visa pathway for skilled professionals who wish to migrate to Australia. This visa category is particularly designed for individuals who possess skills and qualifications that are in demand in Australia but do not have sponsorship from an employer, a state or territory, or a family member.

  1. Purpose and Scope:

    • The visa is intended for skilled workers who want to live and work permanently in Australia.
    • It offers a unique opportunity for migrants to contribute to the Australian economy and integrate into the Australian way of life.
  2. Visa Cost:

    • The primary cost for the main applicant starts from AUD 4640.00.
    • Additional costs apply for each family member who applies with the main applicant.
    • These fees are subject to change, and it is advisable to check the latest fee structure on the official website of the Australian Government's Department of Home Affairs.
  3. Processing Times:

    • Processing times for the Skilled Independent visa can vary significantly based on individual circumstances, such as the completeness and accuracy of the application, response times for additional information requests, and the number of applications being processed.
    • Prospective applicants can refer to the Australian Government's visa processing time guide tool for up-to-date information on expected processing times.
    • It's important to note that some applications may take longer than usual due to various factors, including the complexity of the case or peak application periods.
  4. Application Volume:

    • The Skilled Independent visa is subject to capping and queueing, which means there is a limit on the number of visas that can be granted each year.
    • High demand for this visa type can lead to competitive application processes, with many applicants vying for a limited number of spots.
  5. Global Reach:

    • The visa is available to applicants from all around the world, making it a globally accessible pathway for skilled migration to Australia.
    • Applicants from diverse backgrounds and with various skill sets are encouraged to apply, contributing to Australia's multicultural society and skilled workforce.
  6. Online Application System:

    • Applications for the Skilled Independent visa are made through SkillSelect, an online service that manages Australia's skilled migration program.
    • SkillSelect allows the Australian government to manage who can apply for skilled migration, when they can apply, and in what numbers, ensuring that the migration program is based on Australia's economic needs.

Benefits of the Skilled Independent Visa (Subclass 189) Points-tested Stream:

The Skilled Independent Visa (subclass 189) Points-tested Stream offers a wealth of benefits for skilled workers seeking to migrate to Australia. These benefits are not just limited to the visa holder but extend to their family members as well, making it an attractive option for those looking to settle in Australia permanently.

  1. Opportunity to Live and Work Anywhere in Australia:

    • Visa holders have the freedom to live and work in any part of Australia, whether it's in the bustling cities, regional areas, or rural communities.
    • This flexibility allows individuals to choose a location that best suits their lifestyle and career aspirations, whether it's pursuing opportunities in Australia's thriving metropolitan areas or contributing to regional development.
  2. Sponsorship of Eligible Relatives:

    • Visa holders can sponsor eligible relatives for permanent residence in Australia.
    • This benefit enables families to reunite and enjoy the Australian way of life together, strengthening family bonds and providing mutual support.
  3. Eligibility for Australian Citizenship:

    • After meeting the residency requirements, Skilled Independent visa holders may become eligible to apply for Australian citizenship.
    • This offers the ultimate commitment to Australia and its values, allowing individuals to fully participate in all aspects of Australian life, including the right to vote and access to an Australian passport.
  4. Access to Medicare:

    • Visa holders gain access to Medicare, Australia’s comprehensive public health care system.
    • This ensures access to a wide range of health care services at a reduced cost or free of charge, providing peace of mind and financial security in terms of health care needs.
  5. Travel Privileges:

    • The visa includes a travel component that allows visa holders to travel to and from Australia for five years from the date the visa is granted.
    • This provides great flexibility for individuals to visit their home country or travel internationally, maintaining personal and professional connections abroad.
  6. Education and Employment Opportunities:

    • There are no restrictions on study or employment for Skilled Independent visa holders.
    • This opens doors to a wide range of educational and career opportunities, including access to world-class universities and a dynamic job market.
  7. Social and Cultural Integration:

    • As permanent residents, visa holders can fully participate in Australian society and enjoy the cultural diversity and social freedoms that Australia is known for.
    • They can also contribute to Australia's multicultural fabric, bringing their unique experiences and perspectives to enrich the community.
  8. Long-term Stability and Security:

    • The Skilled Independent visa provides a pathway to long-term stability and security in Australia.
    • Visa holders can plan for their future, purchase property, and establish deep roots in the community, knowing that they have a permanent place in Australian society.

Eligibility Criteria for the Skilled Independent Visa (Subclass 189) Points-tested Stream:

The Skilled Independent Visa (subclass 189) Points-tested Stream has specific eligibility criteria that applicants must meet to qualify for the visa. Understanding these criteria is crucial for applicants to ensure they have the best chance of success in their application.

  1. Occupation and Skills Assessment:

    • Applicants must have an occupation listed on Australia's relevant skilled occupation list.
    • A positive skills assessment from an authorized assessing authority for the nominated occupation is essential. This assessment verifies the applicant's skills and qualifications as suitable for their chosen occupation in Australia.
  2. Invitation to Apply:

    • Applicants must submit an Expression of Interest (EOI) through SkillSelect and be invited by the Australian Government to apply for the visa.
    • The invitation to apply is based on factors such as the applicant's occupation, skills, work experience, and points score.
  3. Points Test:

    • A minimum score of 65 points on the points test is required for eligibility.
    • Points are awarded for various factors, including age, English language proficiency, skilled work experience, educational qualifications, and other factors such as Australian study requirements and partner skills.
  4. Age Requirement:

    • Applicants must be under 45 years of age when they receive the invitation to apply.
    • This age requirement ensures that the visa program is focused on individuals who have a significant number of working years ahead of them, contributing to Australia's workforce for a longer period.
  5. English Language Proficiency:

    • Competent English language skills are required. Applicants may need to take an English language test to demonstrate their proficiency.
    • English language proficiency is essential for successful integration into the Australian community and workforce.
  6. Health and Character Requirements:

    • Applicants must meet health and character requirements, which include undergoing medical examinations and providing police certificates.
    • These requirements are in place to protect the health and safety of the Australian community.
  7. Australian Values Statement:

    • Applicants are required to sign the Australian values statement, acknowledging that they will respect the Australian way of life and obey Australian laws.
    • This commitment underscores the importance of integrating into the Australian community and upholding the values and principles that define Australian society.
  8. Debt to Australian Government:

    • Applicants must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts.
    • This requirement ensures that individuals entering Australia are financially responsible and do not pose a burden on the Australian taxpayer.

Application Process for the Skilled Independent Visa (Subclass 189) Points-tested Stream:

The application process for the Skilled Independent Visa (subclass 189) Points-tested Stream is a multi-step procedure designed to select skilled individuals who can contribute to the Australian workforce and society. Understanding each stage of the process is crucial for applicants to navigate it effectively.

  1. Expression of Interest (EOI) via SkillSelect:

    • The first step is to submit an EOI through SkillSelect, an online system that manages Australia's skilled migration program.
    • In the EOI, applicants provide details about their skills, qualifications, and work experience. EOIs are ranked based on factors such as points score, skills, and experience.
    • Submitting an EOI does not guarantee an invitation to apply for the visa. It's a way to express interest and be considered for an invitation.
  2. Receiving an Invitation to Apply:

    • If the EOI meets the eligibility criteria and achieves a competitive points score, the applicant may receive an invitation to apply for the visa.
    • Invitations are issued periodically, and the number of invitations issued depends on the needs of the Australian labor market and the annual migration program settings.
  3. Lodging the Visa Application:

    • Once invited, applicants have 60 days to lodge their visa application online.
    • Applicants must provide detailed information and supporting documents, including skills assessment results, evidence of English proficiency, employment history, educational qualifications, and personal identification documents.
  4. Paying the Visa Application Charge:

    • The visa application charge must be paid at the time of application. The fee is non-refundable, regardless of the application's outcome.
    • It's important to be aware of the current fee structure and any additional charges that may apply, such as for including family members in the application.
  5. Health and Character Assessments:

    • Applicants, and any family members included in the application, must undergo health examinations and provide police certificates to meet the health and character requirements.
    • These assessments are crucial to ensure that applicants do not pose a health or security risk to the Australian community.
  6. Waiting for a Decision:

    • After submitting the application and all required documents, applicants must wait for a decision from the Department of Home Affairs.
    • Processing times can vary, and applicants are advised to check the latest processing times available on the Department of Home Affairs website.
  7. Visa Grant or Refusal:

    • If the application is successful, the applicant will be granted the Skilled Independent Visa (subclass 189) Points-tested Stream.
    • In the case of a refusal, the reasons for the decision will be provided, and applicants may have options for review or reapplication depending on the circumstances.

Including Family Members in the Skilled Independent Visa (Subclass 189) Points-tested Stream Application:

The Skilled Independent Visa (subclass 189) Points-tested Stream allows applicants to include certain family members in their visa application, providing an opportunity for families to migrate to Australia together. This inclusion offers significant benefits for the primary applicant and their family members.

  1. Who Can Be Included:

    • The primary applicant can include the following family members in their visa application: spouse or de facto partner, dependent children, and other dependent relatives who meet the eligibility criteria.
    • Dependent children include those under 18 years of age, or over 18 and under 23 if they are still dependent on the primary applicant, or over 23 if they are unable to earn a living due to a physical or cognitive limitation.
  2. Application Process for Family Members:

    • Family members can be included at the time of lodging the main visa application or can be added after the application is lodged but before a decision is made.
    • Each family member included in the application must provide personal details and supporting documents, such as identity documents, relationship evidence, and character certificates.
  3. Health and Character Requirements:

    • All family members included in the application must meet the same health and character requirements as the primary applicant.
    • This includes undergoing health examinations and providing police certificates from countries they have lived in for 12 months or more in the past ten years.
  4. Visa Application Charges for Family Members:

    • Additional charges apply for each family member included in the application.
    • These charges vary depending on the age of the family member and their relationship to the primary applicant.
  5. Rights and Privileges of Family Members:

    • Family members included in the visa application receive the same rights and privileges as the primary applicant, including the right to live, work, and study in Australia.
    • They also have access to Medicare, Australia's public health care scheme, and may be eligible to apply for Australian citizenship in the future.
  6. Importance of Accurate Information:

    • It is crucial to provide accurate and complete information for all family members included in the application.
    • Inconsistencies or omissions in the application can lead to delays, additional scrutiny, or even visa refusal.
  7. Post-Visa Grant Considerations:

    • Once the visa is granted, all family members included in the application become permanent residents of Australia.
    • They should be aware of their obligations as permanent residents and their rights, such as the travel component of the visa.

Points Test for the Skilled Independent Visa (Subclass 189) Points-tested Stream:

The Points Test is a critical component of the Skilled Independent Visa (subclass 189) Points-tested Stream application process. It is designed to select applicants who have the skills and attributes that will contribute most significantly to the Australian economy and workforce. Applicants must score a minimum of 65 points to be eligible for an invitation to apply for the visa.

  1. Points Allocation:

    • Points are awarded based on several factors, including age, English language proficiency, skilled employment experience, educational qualifications, and other factors such as study in Australia, partner skills, and specialist education qualifications.
    • The point system is structured to prioritize applicants who are most likely to succeed in the Australian labor market.
  2. Age:

    • Points are awarded based on the age of the applicant at the time of invitation. Younger applicants, typically between 25 and 32 years old, receive the highest points for age.
    • The system reflects the desire to attract individuals who will contribute to the workforce for a longer period.
  3. English Language Ability:

    • Points are awarded for English language proficiency, with higher points for superior English.
    • English proficiency is essential for effective communication in the workplace and for integrating into Australian society.
  4. Skilled Employment Experience:

    • Points are given for skilled employment experience, both within Australia and overseas.
    • Greater points are awarded for more years of skilled work experience, recognizing the value of work experience in contributing to the applicant's skillset.
  5. Educational Qualifications:

    • Points are awarded for educational qualifications, with higher points for qualifications at the doctoral or master's level.
    • The points system values higher education and its role in enhancing the applicant's skills and knowledge.
  6. Australian Study Requirement:

    • Points are awarded for meeting the Australian study requirement, which involves studying in Australia for at least two academic years.
    • This factor recognizes the integration into Australian educational and cultural life.
  7. Specialist Education Qualification:

    • Points are awarded for completing a master's degree by research or a doctorate from an Australian educational institution in certain fields.
    • This recognizes the contribution of high-level research and specialization to the Australian economy.
  8. Partner Skills:

    • If the applicant's partner also meets the basic requirements, additional points can be awarded for the partner's skills and qualifications.
    • This reflects the importance of the combined skillset of the applicant and their partner.
  9. Other Factors:

    • Additional points can be awarded for other factors such as professional year in Australia, credentialled community language, and state or territory nomination.
    • These factors recognize the diverse ways in which applicants can contribute to Australia.
  10. Strategic Skill Needs:

    • The points test is regularly updated to reflect changes in Australia's skill needs, ensuring that the migration program aligns with the current labor market demands.

Post-Visa Grant Considerations for the Skilled Independent Visa (Subclass 189) Points-tested Stream:

After the Skilled Independent Visa (subclass 189) Points-tested Stream is granted, there are several important considerations and steps that visa holders should be aware of to make the most of their new status as permanent residents of Australia.

  1. Permanent Resident Status:

    • The visa holder becomes an Australian permanent resident on the day the visa is granted.
    • This status allows the visa holder to live, work, and study in Australia indefinitely and to access a range of benefits and services.
  2. Initial Entry to Australia:

    • If the visa holder is outside Australia when the visa is granted, they must make their first entry into Australia by a specified date, which is usually set by the Department of Home Affairs.
    • This initial entry is important to activate the visa and commence the permanent residency.
  3. Travel Component of the Visa:

    • The Skilled Independent visa includes a travel component that allows the visa holder to travel to and from Australia for five years from the date the visa is granted.
    • After this period, if the visa holder wishes to continue traveling to and from Australia, they will need to apply for a Resident Return visa or become an Australian citizen.
  4. Access to Services and Benefits:

    • Permanent residents have access to various services and benefits, including Medicare, Australia's public health care system, and eligibility to apply for social security benefits after waiting periods.
    • They can also access educational opportunities, including enrolling in Australian schools and universities.
  5. Eligibility for Australian Citizenship:

    • After meeting certain residency requirements, permanent residents may become eligible to apply for Australian citizenship.
    • Citizenship offers additional rights, including the right to vote, hold an Australian passport, and access certain government positions.
  6. Obligations as a Permanent Resident:

    • Visa holders must adhere to Australian laws and fulfill their tax obligations.
    • They are expected to maintain good character and can have their visa canceled if they breach certain laws or fail to meet character requirements.
  7. Integration into Australian Society:

    • It's important for new permanent residents to integrate into Australian society, including learning about Australian culture, participating in community activities, and understanding Australian values.
    • Integration aids in building a successful life in Australia and contributes to the country's multicultural community.
  8. Planning for the Future:

    • Permanent residency offers stability, allowing visa holders to make long-term plans such as purchasing property, investing, and planning for retirement.
    • It also provides a secure and stable environment for raising a family in Australia.

Additional Information on the Skilled Independent Visa (Subclass 189) Points-tested Stream:

The Skilled Independent Visa (subclass 189) Points-tested Stream is a comprehensive program designed to attract skilled migrants to Australia. Beyond the core elements of the visa, there are additional aspects and nuances that applicants and visa holders should be aware of to fully understand and utilize the visa.

  1. Travel Component Expiry:

    • The visa has a five-year travel component from the date of visa grant, allowing visa holders to travel to and from Australia freely during this period.
    • After the travel component expires, visa holders can remain in Australia indefinitely but will need a Resident Return visa or Australian citizenship to re-enter Australia as permanent residents.
  2. Role in Australia's Skilled Migration Program:

    • The Skilled Independent Visa is a key part of Australia's skilled migration program, which aims to address skill shortages in the Australian labor market.
    • The program is designed to attract migrants who have the skills and qualifications needed to support Australia's economic growth.
  3. Annual Migration Planning:

    • The Australian Government sets migration planning levels for the Skilled Independent Visa category, which can influence the number of visas granted each year.
    • These planning levels are subject to change based on Australia's economic needs and labor market conditions.
  4. Updates to Eligibility and Points Test:

    • Eligibility criteria and the points test for the visa are periodically reviewed and updated to reflect current labor market needs and policy priorities.
    • Applicants should stay informed about any changes that may affect their eligibility or points score.
  5. State and Territory Nomination:

    • While the subclass 189 visa is independent of state or territory nomination, applicants may also consider other skilled migration visas that involve nomination by an Australian state or territory, such as the Skilled Nominated visa (subclass 190).
  6. Pathway to Permanent Residency for Temporary Visa Holders:

    • Some holders of temporary visas in Australia, such as the Temporary Skill Shortage visa (subclass 482), may transition to permanent residency through the Skilled Independent Visa if they meet the eligibility criteria.
  7. Support Services for New Migrants:

    • Australia offers various support services for new migrants, including language classes, employment services, and community integration programs to assist in the settlement process.
  8. Economic and Cultural Contribution of Skilled Migrants:

    • Skilled Independent visa holders are recognized for their significant contribution to Australia's economy and the enrichment of its multicultural society.
    • They bring valuable skills, experience, and cultural diversity, which benefit Australia's workforce and community.

The Skilled Independent Visa (subclass 189) Points-tested Stream represents a critical avenue for skilled professionals to migrate to Australia and contribute to its dynamic and diverse society. Understanding these additional aspects of the visa can help applicants and visa holders maximize their opportunities and success in Australia, ensuring a smooth transition and a rewarding experience as part of the Australian community.

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