Advertisement

Advertisement

Introduction

The Skilled Independent visa (subclass 189) in the Hong Kong stream offers a pathway for eligible holders of Hong Kong or British National (Overseas) passports to establish permanent residence and employment in Australia, demonstrating a strong commitment to the country.

Stay

  • Duration: Permanent residency in Australia.

Cost

  • Fee: Starting from AUD4,765.00.

Processing Times

  • Each application is assessed individually, and processing times vary based on:
    • Ensure the application and supporting documents are complete.
    • Reply on time to requests for additional information.
    • Duration of necessary checks on the provided information.
    • External agencies' response times, particularly regarding health, character, and national security requirements.
    • Availability of migration program slots.

Benefits of the Visa

  • Work and Study: Freedom to work and study across Australia.
  • Family Sponsorship: You have the ability to sponsor eligible family members/ associates for permanent residence.
  • Citizenship Eligibility: Opportunity to apply for Australian citizenship, if eligible.

Eligibility Criteria

  • Passport Requirements: Must hold a Hong Kong passport or a British National (Overseas) passport.
  • Visa Requirements: Must meet specific visa and residence criteria.

This streamlined visa pathway underscores Australia's commitment to attracting skilled individuals from Hong Kong, facilitating their integration into Australian society.

Overview About the Skilled Independent Visa (Subclass 189)

Visa Benefits

This visa offers you the prospect of:

  • Permanent Stay: Live in Australia indefinitely.
  • Work and Study: Pursue employment and education opportunities in Australia.
  • Healthcare Access: Enroll in Australia's Medicare public health care scheme.
  • Family Sponsorship: Support/Sponsor your family members to accompany you in Australia.
  • Travel Flexibility: Travel to and from Australia for up to 5 years.
  • Citizenship Eligibility: Apply for Australian citizenship if you meet the criteria.

Recently arrived inhabitants may need to wait before gaining access to certain services Australian Government payments and benefits.

Duration of Stay

This visa grants permanent residency, enabling you to live in Australia indefinitely. It comprises a travel constituent effective for 5 years from the visa grant date.

For citizenship purposes:

  • Your permanent residence commences from:
    • We grant the visa if you're in Australia.
    • You enter Australia on this visa if you're outside Australia.

Including Family Members

You can incorporate your family members in your visa application:

  • Include them when you apply.
  • Add them after applying but before a decision is made on your visa.

If your partner or dependent children aren't included, explain why (e.g., they are already Australian citizens or permanent residents). All family members/ associates must fulfill health status and character requirements.

Cost

  • Main Applicant: AUD4,765.00.
  • Family Members: Additional charges apply per family member.
  • Second Installment: AUD4,885.00 for applicants 18 years or older with Payment required only upon request for those with less than functional English.

Additional costs may apply for health checks, police certificates, and biometrics.

Use the Visa Pricing Estimator for an estimate, excluding the second installment and other potential costs.

Application Location

Apply from within or outside Australia, excluding immigration clearance.

Processing Times

Processing times vary based on:

  • Ensure the completeness of your application and supporting documents.
  • Timely response to requests for additional information.
  • Duration of necessary checks and external agency responses.
  • Availability in the migration program.

Obligations

You and your family must comply with Australian laws.

Travel Arrangements

Enjoy unrestricted travel in and out of Australia for 5 years witha visa grant. Afterward, a Resident Return Visa (RRV) is needed to re-enter as a permanent resident.

Visa Label

Your visa will be electronicallyallied to your passport; no physical label will be provided.

Eligibility Requirements

Hold an Eligible Visa

  • Requirement: You must possess an eligible visa at the time of application.
  • Duration: The visa must have been held for a minimum of 4 years priorto the date of submission of the application.
  • Note: Multiple visas, even of the same subclass, cannot be combined to fulfill this requirement.

Eligible Visa Definition

  • Criteria: Eligible visas include subclass 457, 482, or 485, granted based on satisfying primary criteria.

Visa Validity Conditions

  • Pre-July 2020: Visa must not expire after 8 July 2025.
  • Post-July 2020: Visa must be valid for 5 years from the date of grant.

Passport Requirement

  • Necessity: You must hold a Hong Kong or British National (Overseas) passport during the visa application.

Residence Criteria

  • Residency: You must have been a continuous resident in Australia for at least 4 years immediately preceding your application.
  • Assessment: Determination based on physical residence and intent to establish it as your home.

Compliance with Visa Conditions

  • Obligation: You must have adhered to all conditions of your eligible visa(s) while in Australia.

English Language Proficiency

  • Requirement: At the decision-making stage of your application, you must demonstrate:
    • Functional English proficiency, or
    • Be prepared to pay the second installment of the visa charge upon request.

Health and Character Requirements

  • Health: You and accompanying family members must meet Australia's health standards.
  • Character: You and family members aged 16 and above must satisfy Australia's character criteria.

Australian Values Statement

  • Acknowledgment: If 18 or older, you must confirm your commitment to Australian values and laws by signing the statement.

Government Debt Settlement

  • Settlement: Any debts owed to the Australian Government by you or your family members must be settled or arrangements made for repayment.

Immigration History

  • Consideration: Your visa application will consider your immigration history, including any visa cancellations or previous refusals.

Additional Guidance

  • Application Details: Specific guidance on limitations and assistance for visa applications in Australia and from outside Australia is available.

Step-by-Step Application Process

Step 1: Preparation

Before Applying

  • Check Eligibility: Ensure you meet all visa requirements, including residency criteria.
  • Health Checks: It's advisable to complete necessary health exams before submitting your visa application.
  • Guidance: Learn which examinations are required and how to schedule them.

Application Assistance

  • Authorized Assistance: Only certain individuals can assist with your visa application.
    • Authorized Persons: You may seek help from:
      • Registered migration agents
      • Legal practitioners
      • Exempt individuals
  • Document Handling: You can designate someone to receive documents on your behalf pertaining to your visa application.

Step 2: Document Preparation

Gather Your Documents

Provide Accurate Information

  • Requirement: Ensure all information provided is accurate and truthful.
  • Consequences: Understand the implications if identity cannot be proven or inaccurate information is submitted.

Identity Documentation

  • Essentials: Submit pages of your current passport displaying personal details, photos, and issuance and expiry dates.
  • Additional Documents:
    • National identity card (if applicable)
    • Documentation confirming a name change(e.g., marriage or divorce certificate)

Residence Evidence

  • Residency Proof: Demonstrate continuous residency in Australia for at least 4 years prior to application.
  • Assessment: Criteria based on physical residence and intent to establish Australia as your home.
  • Supporting Evidence: Include lease agreements, utility bills, and other relevant documents indicating your residential status.

Character Documents

  • Australian Police Certificate: Essential if you have resided for 12 months or more in Australia since turning 16.
    • Acceptance: Only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted.
  • Additional Documentation:
    • Overseas police certificates (from each country you've spent 12 months or more in since turning 16)
    • Military service archives or discharge papers (if applicable)

Forms to Complete

  • Form 80: Personal particulars for assessment, including character evaluation.
  • Form 1221: Additional personal particulars information.

Proof of English Proficiency

  • Requirement: Provide evidence that applicants aged 18 and above meet functional English standards.
  • Alternative: Applicants unable to provide such proof must be prepared to pay the second instalment of the visa charge upon request.

Relationship Documentation

  • Marital and Partner Evidence: Include marriage certificates, divorce documents, or proof of relationship continuity.
  • De Facto Relationships: Provide evidence of registration or documents demonstrating at least 12 months of cohabitation.
  • Supporting Evidence: Joint bank statements, bills, leases, or other documents showing shared commitments.

Dependent Documentation

  • Children Under 18: Submit birth certificates or family book entries showing parentage.
  • Adoption: Include adoption papers if applicable.
  • Parental Consent: Obtain consent from legal guardians for any applicant under 18 to migrate to Australia.

Assistance Nomination

  • Authorized Assistance: Nominate authorized recipients or immigration agents using Form 956A or Form 956, respectively.
  • Submission: Upload forms or notifications to ImmiAccount.

Document Preparation Tips

  • Translation: Non-English documents must be translated into English.
    • Translator Requirements: Australian translators must be accredited by the National Accreditation Authority for Translators and Interpreters.
    • Details Required: Translators outside Australia must include full name, contact details, qualifications, and experience with each translation in English.

Document Submission

  • Scanning and Photography: Ensure all documents, whether in English or translated, are scanned or photographed in color and with clarity.
  • File Management: Combine multi-page documents into a single file for submission.

Step 3: Visa Application Process

Apply Online

Online Application

  • Application Requirement: You must apply for the visa online, whether you are presently within or outside Australia.
  • Accuracy: Confirm all evidence or information provided is precise and truthful to avoid complications.

ImmiAccount Login

  • Access: Log in to your ImmiAccount or create a new account if you don't have one.

Document Submission

  • Attach Documents: Upload all required documents securely through ImmiAccount.

Payment

  • Fee Payment: Pay the initial application charge. Your application submission will not be managed till this payment is completed.
  • Transaction Reference Number (TRN): Note down your TRN for reference throughout the application process.

Step 4: Post-Application Process

Application Status

Confirmation of Receipt

  • Notification: We will notify you upon receiving your application.

Bridging Visa Grant

  • Bridging Visa: If granted, you will receive notification of your bridging visa status.

Application Updates

  • Assessment Progress: We do not provide updates during the assessment process.
  • Information Requests: Check ImmiAccount for any additional information required.

Travel Considerations

  • Travel Permission: If you are in Australia, you can travel outside the country without informing us, as decisions can be made while you are abroad.
  • Return Visa: Ensure you have a valid visa to return; verify using VEVO.

Health and Biometrics

  • Health Examinations: We will inform you if health exams are necessary.
  • Biometric Data: You may be asked to provide fingerprints and a photo; we will notify you if required.

Additional Document Submission

  • Attach Documents: If documents were not initially attached, submit them promptly via ImmiAccount.
  • Information Requests: We may request additional information, though it is not mandatory before making a decision.

Compliance and Bridging Visa

  • Visa Compliance: Maintain lawful status by holding a valid visa while your application is processed.
  • Bridging Visa Eligibility: A bridging visa may be granted if your present visa expires prior to a conclusion being made.

Payment Procedures

  • Second Instalment: Pay the second installment promptly upon receiving an invoice.

Adding Family Members

  • Inclusion: You can include family members after submission but before a decision.
  • Process: Complete Form 1436 via ImmiAccount and ensure health and character requirements are met.

Newborn Child

  • Birth Notification: Inform us promptly if a child is born after you apply.
  • Procedure: Follow guidelines for adding a newborn to your application.

Application Amendments

  • Error Correction: Notify us immediately of any errors on your application.
  • Procedure: Complete Form 1023 and upload it via ImmiAccount.

Assistance and Updates

  • Support Withdrawal: If no longer needed, withdraw support for receiving correspondence or immigration advice.
  • Forms Submission: Use Form 956A or Form 956 via ImmiAccount for updates.

Notification of Changes

  • Updates: Inform us of any changes to personal details, marital status, or other significant events post-application.
  • Procedure: Follow instructions on how to update us about changes in your circumstances.

Step 5: Visa Outcome

Decision Notification

Location Flexibility

  • Application Location: You can be anywhere (inside or outside Australia) except in immigration clearance when we decide on your visa.

Decision Communication

  • Written Notification: We will inform you of our decision in writing.

Visa Grant Details

  • Grant Information: If your visa is granted, we will provide:
    • Your visa grant number
    • Start date of your visa
    • Applicable visa conditions, if any
  • Documentation: Keep a copy of the decision for your records.

Visa Refusal

  • Reasons and Rights: If your visa application is refused, we will specify:
    • Reasons for refusal
    • Your right to request a review of the decision

Application Charge

  • Refund Policy: The application charge is non-refundable in case of visa refusal.

When You Have This Visa: What to Expect

Arriving in Australia

  • Entry Requirement: If you are outside Australia when your visa is granted, ensure you enter Australia before the specified date on your visa grant letter.

Preparing to Depart

  • Travel Documents: Ensure you have:
    • A valid visa to enter Australia
    • A valid passport or other acceptable travel document

Upon Arrival

  • Incoming Passenger Card: Complete the Incoming Passenger Card upon arrival in Australia, provided onboard.

Expedited Airport Departure

  • SmartGates: Utilize SmartGates for quicker airport departure using automated facial recognition with your ePassport.

In Australia: Permanent Residency Benefits

  • Permanent Stay: Live permanently in Australia
  • Work and Study: Engage in work and study opportunities
  • Health Care Access: Enroll in Australia's Medicare scheme
  • Family Sponsorship: Support eligible relatives to accompany you in Australia
  • Travel Flexibility: Travel to and from Australia for up to 5 years
  • Citizenship Eligibility: Potentially become an Australian citizen if eligible

Responsibilities on This Visa

  • Legal Compliance: Obey Australian laws along with your family members.

Duration of Stay

  • Indefinite Stay: This visa allows indefinite stay in Australia.

Traveling with Your Visa

  • Travel Entitlement: Travel to and from Australia for 5 years from the visa grant date. Afterward, obtain a Resident Return Visa (subclass 155 or 157) for re-entry as a permanent resident. Check your visa's travel component using VEVO.

Specific Considerations for New Zealand Passport Holders

  • Border Clearance: Inform immigration officers that you hold a Skilled Independent visa (subclass 189) and do not require a Special Category visa (subclass 444) to avoid affecting your permanent visa status and Australian citizenship eligibility.

Proving Your Visa Status

  • Using VEVO: Use VEVO to demonstrate your visa status and its conditions to others.

Employment Rights

  • Workplace Protection: Benefit from Australian workplace rights and entitlements.

Bringing Family Members

  • Sponsorship Opportunity: As a permanent resident, explore visa options to sponsor eligible family members to Australia.

Pathway to Australian Citizenship

  • Eligibility: Learn about the requirements and process for becoming an Australian citizen over time. Your permanent residence commences from:
    • The visa grant date while you were in Australia
    • The date you entered Australia on this visa if you were overseas at the time of the grant

Departing Australia

Before Departure

• Travel Documentation: Ensure your passport or travel document is valid for departure and re-entry into Australia.

Visa Validity Check

• Verify Visa: Confirm your visa's validity and re-entry eligibility using VEVO.

Post-Departure

• Documenting Travel History: Request your international movement records to obtain proof of your travels in and out of Australia.

Disclaimer: While we strive to provide accurate and comprehensive information about the Skilled Independent visa (subclass 189) Hong Kong stream, we encourage readers to conduct their own research from reputable sources. Visa policies and requirements can evolve, and individual circumstances vary, so it's important to verify details from official government websites or seek professional advice tailored to your specific situation.

For further exploration, please visit official immigration authorities or trusted resources to ensure the most up-to-date and relevant information.


Advertisement