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Introduction

The Skilled Independent visa (subclass 189) is designed for highly skilled workers who have the expertise that Australia needs. This visa allows these professionals to live and work permanently in any part of the country. This visa is designed for skilled workers who want to live and work permanently in Australia and are not sponsored by an employer, a family member, or a state/territory government. To start the process, you'll need to submit an Expression of Interest (EOI) via SkillSelect, meet the points test (minimum 65 points), and ensure your occupation is on the relevant skilled occupation list. After submitting your EOI, you'll wait to receive an invitation to apply for the visa, at which point you'll have 60 days to lodge your application online.


Key Highlights

  • No Sponsorship Required: You don't require a supporter or sponsor or nominator.
  • Invitation to Apply: An invitation to apply is mandatory.
  • Age Requirement: You must be under 45 at the time of invitation.

Visa Details

  • Duration: Permanent stay.
  • Cost: Starting from AUD 4,765.00.
  • Processing Time: Use the visa processing time guide tool for estimates.

Benefits of the Visa

With the Skilled Independent visa, you can:

  • Work and study anywhere in Australia.
  • Sponsor-entitled relatives for permanent residency.
  • Become an Australian citizen, if eligible.

Eligibility Criteria

To qualify for this visa, you must:

  • Your occupation must be included on the appropriate skilled occupation list.
  • Attain an appropriate skills evaluation for your profession/occupation.
  • Accept a request to apply for a visa.
  • Meet the points test requirements.

Assistance

If you need help with your visa application, resources are accessible to direct you through the procedure.

Permanent Residency Benefits and Guidelines

Advantages of the Skilled Independent Visa

With the Skilled Independent Visa (subclass 189), you unlock a world of opportunities in Australia. This visa empowers you to:

  • Permanent Residency: Reside in Australia open-endedly/permanently.
  • Employment and Education: Work and study anywhere in the country.
  • Healthcare: Access Medicare, Australia's public health care scheme.
  • Family Sponsorship: Sponsor/Support your relatives to accompany you to Australia.
  • Travel Flexibility: Travel to and from Australia for five years.
  • Path to Citizenship: Become an Australian citizen if eligible.

Please note, that newly arrived residents may have to wait before they can qualify for specific Australian Government payments and benefits

Duration of Stay

  • Permanent Residency: This visa permits you to reside in Australia indefinitely.
  • Travel Component: The travel component of this visa expires five years from the date of the funding.

Upon visa approval:

  • In Australia: You attain permanent residency on day the visa is granted.
  • Outside Australia: Your permanent residency is initiated on the day you enter Australia with this visa.

Including Family Members

You can embrace family associates in your visa submission. You can:

  • At Application: Include them when you submit your application.
  • Post Application: Add them after submission but before the visa decision.

All family associates must fulfill health and character requirements. If your spouse or dependent children are not involved, you must provide a reason (e.g., they already hold Australian citizenship or are permanent residents).

Visa Costs

  • Primary Applicant: AUD 4,765.00.
  • Additional Family Members: There is an additional charge for each family associate comprised in the application.

For applicants 18 years or older with less than functional English, a second installment of AUD 4,885.00 may be required. This fee is payable only upon request and only if the visa is to be granted. Use the Visa Pricing Estimator for a detailed cost breakdown, excluding the second installment and other possible costs such as police certificates, health checks, and biometrics.

Application Process

  • Location: You can apply from inside or outside Australia, but not while in immigration clearance.
  • Requirements for Australia-Based Applicants: Must hold a substantive visa or a Bridging A (subclass 010), Bridging B (subclass 020), or Bridging C (subclass 030) visa.

Processing Times

Processing times vary based on:

  • Completeness of the application.
  • Speed of response to requests for additional information.
  • Time taken for required checks.
  • Information from external agencies regarding health, character, and security.
  • Availability of migration program places.

Use the visa processing time guide tool for current estimates. Remember, these are guidelines and not specific to individual cases.

Travel Provisions

You can journey to and from Australia without limits for five years from the visa grant date. Later five years, you will require a Resident Return Visa (subclass 155 or 157) to re-enter Australia as a permanent resident.

Visa Documentation

Your visa will be electronically connected to your passport. No physical label will be placed in your passport.

For further assistance or more detailed information, consider reaching out to a migration expert or consulting the official Australian government resources.

Suitability Criteria for the Skilled Independent Visa (Subclass 189) 

Visa Prerequisites

Current Visa Status:

  • In Australia: To apply from within Australia, you must hold one of the following:
    • Substantive visa
    • Bridging Visa A (BVA - subclass 010)
    • Bridging Visa B (BVB - subclass 020)
    • Bridging Visa C (BVC - subclass 030)
  • Special Cases: If your current or last substantive visa was:
    • Skilled Work Regional (Provisional) (subclass 491)
    • Skilled Employer Sponsored Regional (Provisional) (subclass 494)
You must have held the relevant visa for a minimum of 3 years at the time of submission of application.

Invitation to Apply

Expression of Interest (EOI):

  • Submission: You must submit an EOI to express your interest in applying for the visa.
  • Ranking and Invitation: Your EOI will be ranked against other applicants. If you score highly, you may be invited to apply.
  • SkillSelect: Invitations are issued regularly through the SkillSelect system.

Skills Assessment

Requirements:

  • Declaration: You must declare a suitable skills assessment at the time of the invitation.
  • Acceptance: A suitable skills assessment obtained within the 60-day invitation period is acceptable.
  • Legal Decision: This approach aligns with the decision in Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 (Thapa).

Medical and Legal Practitioners:

  • Accepted Assessments:

    • Full or unconditional general medical registration with the Australian Health Practitioner Regulation Agency

    • Conditional specialist registration with the Australian Health Practitioner Regulation Agency

    • Admission to practice law in the relevant state or territory

Validity:

  • The skills assessment must be obtained within 3 years before the invitation date. If valid for a shorter period, that period must not have expired.
  • If assessed based on a qualification from an Australian institution, it must be from a CRICOS-registered course.

Age Requirement

  • Under 45: You must be under 45 years old at the time of the invitation.
  • Post-Invitation: You can still apply if you turn 45 after receiving the invitation.
  • Pre-Invitation: If you turn 45 after submitting your EOI but before being invited, you will not be invited.

Points Requirement

Points Test:

  • Minimum Score: You need a minimum of 65 points to be invited to apply.
  • Indicative Score: Upon EOI submission, you will receive an indicative points score.
  • Invitation Score: The invitation will state the required score, which may be higher than 65 points based on your EOI claims.
  • Supporting Evidence: You must provide evidence supporting your claims when lodging your application.

Points Calculator: Use the points calculator to estimate your score.

English Language Proficiency

  • Competent English: At the time of the invitation, you must demonstrate at least competent English.

Skilled Occupation List

  • Relevant Occupation: Your profession/occupation must be included on the list of eligible skilled occupations for the Skilled Independent visa (subclass 189) Point-Tested stream.

Health and Character Requirements

Health Requirement:

  • Applicants: You and any family members applying with you must meet the health requirement.
  • Non-Accompanying Family Members: May also need to meet health requirements if requested.

Character Requirement:

  • Applicants and Family Members: All applicants aged 16 and over must meet the character requirement, including non-accompanying family members.

Debt to the Australian Government

  • Repayment: Any outstanding debt to the Australian government by you or your family members must be repaid or arrangements made to repay it.

Australian Values Statement

Obligation:

  • Age 18 and Older: You must:
    • Read, or have explained to you, the Life in Australia booklet.
    • Confirm your commitment to respect the Australian way of life and adhere to Australian laws by signing the Australian Values oath/Statement.

Visa Cancellation or Refusal

  • Immigration History: Previous visa cancellations or refusals may affect your eligibility.
  • Permanent Visa Application: You may still apply for a permanent visa under certain circumstances. Refer to the restrictions on applications in Australia.

For additional guidance or immigration assistance, consider consulting a migration expert or official Australian government resources.

Step-by-Step Guide for Applying for the Skilled Independent Visa (Subclass 189)

Step 1: Preparing to Apply

Before You Apply

Submit an Expression of Interest (EOI):

  • To start the process, submit an EOI through Skill Select, indicating your interest in the visa.

Organize Health Exams:

  • It is recommended to complete your health examinations before applying. Find out which exams are needed and how to arrange them.

Get Help with Your EOI:

  • If you need assistance with your EOI, you can seek assistance from a registered migration agent or legal practitioner. Refer to the "Who can assist you with your application" section for more information.

Step 1.1: Before Submitting Your EOI

Check Your Occupation:

  • Confirm that your occupation is listed on the relevant eligible skilled occupations list for the Skilled Independent visa (subclass 189).

Get Your Skills Assessed:

  • Attain a valid skills assessment from the appropriate assessing authority listed for your occupation. The assessment must be completed within 3 years before the invitation date. If the assessment period is shorter, ensure it hasn't expired. Please be aware that there could be a charge for this service/assessment.

Special Cases:

  • For medical practitioners, evidence of registration with the Australian Health Practitioner Regulation Agency is required. This can be either unconditional/general registration or conditional specialist registration, allowing practice in a specific specialty without further training or supervision.
  • For barristers and solicitors, admission to practice law in an Australian state or territory serves as a suitable skills assessment.

Check Your Points:

  • You need to accomplish a lowest of 65 points on the points test to be eligible. Use the points calculator to estimate your score. If invited to apply, you must provide evidence supporting your claims in the EOI.

Meet Other Eligibility Criteria:

  • Make sure you satisfy all other eligibility requirements. Check the required documents for proving your claims in the "Gather documents" section.

Step 1.2: Submitting Your EOI

Submit Through SkillSelect:

  • You can submit your EOI from within or outside Australia. Note that an EOI is not a visa application, and there is no fee for submission.

Receive Confirmation:

  • Subsequently submitting your application, you will receive an email verifying your EOI has been submitted.

Step 1.3: After Submitting Your EOI

Estimate Your Points Score:

  • Skill Select will calculate your points score based on the claims in your EOI. You must have a minimum of 65 points to receive an invitation.

Invitation to Apply:

  • If you achieve a sufficient score and there are available positions for your occupation, you may be invited to apply.

Stay Lawful:

  • An Expression of Interest (EOI) is not a formal visa application and does not grant a bridging visa. Ensure you apply for another visa to remain in Australia lawfully if your current visa is expiring.

Update Your EOI:

  • Notify SkillSelect of any changes, such as applying for a different skilled visa, changes in occupation, family structure, points score improvements, or changes in employment circumstances.

Step 1.4: Getting an Invitation to Apply

Invitation Criteria:

  • You will be invited to apply if you score enough points and there are available places for your occupation. Invitations are based on the Australian Government’s migration planning levels.

Application Timeline:

  • Once requested, you have a 60-day period to apply. This period cannot be extended. Invitations may be issued up to 2 years after EOI submission.

Meeting Points and Eligibility:

  • Your invitation will include an indicative points score. When applying, you must prove you meet this score and all other eligibility criteria. You will receive a maximum of two invitations; if you don't apply after the second, your EOI will be removed from SkillSelect.

Age Restriction:

  • You must be below 45 at the time of the invitation. If you are 45 or older, your application will not be processed.

Ineligibility:

  • If you can't meet the points score or eligibility criteria, do not apply for the visa. Your EOI will be frozen upon invitation, but you can update the information after 60 days and submit a new EOI if needed.

Getting Help with Your Application

Appointing Assistance:

  • Only certain individuals can help you with your application. They must be a listed migration agent, a legal practitioner, or an exempt person. You can also employ someone to collect documents on your behalf related to your visa matter.

For further guidance and support, consult a registered migration expert or refer to official Australian government resources.

Step 2: Gather Your Documents

Supporting Your Claims and Eligibility

Provide Accurate Information

  • Ensure all information is truthful and accurate. Failing to prove your identity or providing false information can have serious consequences.

Identity Documents

  • Current Passport: Provide pages showing your photo, personal details, and passport issue and expiry dates.
  • National Identity Card: If you have one, include it.
  • Proof of Name Change: If applicable, provide documents such as a change of name, divorce certificate, or marriage certificate documents from relevant authorities.

Relationship Documents

  • Marital Status: If you are or have been married, widowed, divorced, or permanently separated, provide relevant certificates or documents.
  • Partner or Dependent Children: If they are not included in the application, explain why (e.g., they are Australian citizens or permanent residents).

Character Documents

  • Australian Police Certificate: Required if you have spent 12 months or more spent in Australia within the last 10 years since turning 16. Must be a complete disclosure certificate from the Australian Federal Police.
  • Overseas Police Certificates: Provide certificates from every country, including your country of residence where you have lived for 12 months or more in the past 10 years till turning 16.
  • Military Service Records: If applicable, provide service records or discharge papers.
  • Forms: Complete and provide Form 80 (Personal particulars for assessment) and Form 1221 (Additional personal particulars information).

Competent English Documents

  • Provide proof of at least competent English at the time of the invitation.

Partner Documents

  • Identity and Relationship: Provide identity documents, photos, and, if applicable, a marriage certificate.
  • De Facto Relationship: Provide evidence of registration or proof of a genuine and continuing relationship for at least 12 months before applying.
  • Functional English: If your partner is a citizen of the UK, Ireland, USA, Canada, or New Zealand, no additional proof is needed. Otherwise, provide evidence of functional English or be prepared to settle the second visa application fee.

Dependent's Under 18 Documents

  • Identity Proof: Birth certificates or family books showing both parents' names and adoption papers if applicable.
  • Parental Responsibility: Provide consent from any legal guardian not accompanying the child. Use Form 1229 or a statutory declaration, or present an Australian court order authorizing the child to immigrate.

Dependent's Over 18 Documents

  • Eligibility: The child must be dependent on you or your partner, and either under 23 or unable to support themselves for physical or mental limitations.
  • Proof of Dependency: Provide identity documents, proof of relationship (e.g., birth certificate), and financial dependency evidence (e.g., bank statements, money transfers).
  • Functional English: Similar to partner requirements, provide proof of functional English or be prepared to pay the second visa application charge.

Skills Assessment Documents

  • Evidence: Include documents supporting your skills assessment, English language proficiency, employment history, educational qualifications, and any other claims made in your EOI.
  • Special Cases: For medical practitioners, provide registration certificates from the Australian Health Practitioner Regulation Agency. For barristers and solicitors, provide proof of admission to practice law.

Expression of Interest (EOI) Documents

  • Support all claims made in your EOI with appropriate documents. Refer to the points table for specific requirements.

Additional Document Preparation

Translating Documents

  • Translate all non-English documents into English. Interpreters in Australia must be qualified by the National Accreditation Authority for Translators and Interpreters. For overseas translators, include their full name, address, qualifications, and experience on each translation.

Scanning and Photographing Documents

  • Ensure all documents (both English and non-English) are scanned or photographed in color and are clear. If a document has multiple pages, save it as one file.

Nominate Someone to Help

  • To designate a recipient for your communications, utilize Form 956A. For appointing an individual to offer immigration aid, use Form 956. Upload these forms to your ImmiAccount.

By following these detailed steps, you ensure that your application is comprehensive and precise, thereby increasing your probability of an effective visa application. For further assistance, consider consulting a registered migration agent or legal practitioner.

Step 3: Applying for the Visa

Initiate Your Online Application

Once you receive your invitation, you can proceed to apply for the visa online, regardless of whether you are in Australia or overseas. You have a period of 60 days starting from your invitation to complete your application.

Ensure Accurate Information

It's crucial to provide accurate and truthful information throughout your application. Inaccurate or unverifiable details can lead to significant consequences, including the potential denial of your visa.

How to Apply Online

Accessing Your Application

  1. Log into SkillSelect: Start by logging into your SkillSelect account.
  2. Navigate to Application: Click on the 'Apply for visa' button, which will redirect you to the ImmiAccount portal.
  3. Create or Log into ImmiAccount: If you don't already have an ImmiAccount, you will need to create one. Note that your ImmiAccount login credentials will differ from those used for SkillSelect.

Submitting Your Application

  1. Attach Required Documents: Upload all necessary documents to support your application. Ensure all files are clear, accurate, and complete.
  2. Pay the Application Charge: Your application will not be processed until the application fee is paid. Be sure to complete this step promptly.
  3. Note Your Transaction Reference Number (TRN): After payment, make a note of your TRN for future reference and tracking of your application status.

By meticulously following these steps and ensuring all information is accurate, you enhance your chances of a smooth and successful visa application process. For any assistance, consider consulting with a registered migration agent or legal expert.

Step 4: After You Apply

Confirmation of Application Receipt

Once we admit your operation, we will notify you. If a bridging visa is granted, you will also be informed of this.

Checking Your Application Status

  • Standard Processing Time: We do not provide updates on applications within the standard processing timeframe.
  • ImmiAccount: Check your ImmiAccount regularly to see if we need any additional information from you.

Traveling After Application

  • Inside Australia: If you plan to travel outside Australia while your application is being processed, you do not need to notify us. However, ensure your current visa allows re-entry by checking VEVO.
  • Outside Australia: If you applied from outside Australia, do not make travel plans, leave your job, or sell your home until you receive written confirmation of your visa grant.

Health Examinations

If you did not complete health exams before applying, we will notify you if they are needed. Check ImmiAccount for updates.

Biometrics

We may request biometrics (fingerprints and photos). If required, we will inform you.

Providing Additional Information

  • Document Submission: If you didn't attach all necessary documents initially, upload them to ImmiAccount as soon as possible.
  • Additional Requests: We might ask for more information, but we can also make a decision without additional documents.

Maintaining Lawful Status

Ensure you maintain lawful status in Australia by holding a valid visa throughout the processing period.

  • Bridging Visa A (BVA): If your current visa expires, the BVA will come into effect, allowing you to stay in Australia until your new visa decision is made.
  • Avoid Visa Cancellation: Do not request cancellation of your current visa, as this will cause your BVA to cease and result in unlawful status.

Paying the Second Instalment

If required, pay the second installment upon receiving the invoice.

Adding Family Members

You can add family members to your application after submission but before a decision is made.

  • Form 1436: Complete and submit Form 1436 - Adding Applicant After Lodgement.
  • Health and Character Requirements: All family members must meet health and character requirements.

Newborn Children

If your child is born after you apply but before a decision is made, notify us immediately. Find out the necessary steps for adding a newborn to your application.

Correcting Mistakes on Your Application

If you realize there are mistakes in your application, inform us promptly.

  • Form 1023: Complete and submit Form 1023 - Notification of Incorrect Answers via ImmiAccount.

Assistance with Your Application

If you no longer wish for someone to assist you your application, inform us accordingly.

  • Form 956A: For withdrawing authorization for someone to receive your correspondence.
  • Form 956: For withdrawing authorization for someone to provide immigration advice.

Reporting Changes

Notify us about any changes after submitting your application, including:

  • Changes to your contact details (phone number, email, address, or passport)
  • Changes in marital or de facto status
  • Birth of a child
  • Decision to withdraw your application

By carefully following these steps and promptly addressing any updates or requests, you can ensure a smoother and more efficient visa application process.

Step 5: Visa Outcome

Decision Notification

Whether you are inside or outside Australia (but not during immigration clearance), we will notify you of the decision on your visa application in writing.

If Your Visa is Granted

If your visa application is successful, we will provide you with:

  • Visa Grant Number: Your unique identifier for the visa.
  • Visa Start Date: The date your visa becomes effective.
  • Visa Conditions: Any specific conditions attached to your visa, if applicable.

Be sure to keep a copy of this decision for your records.

If Your Visa is Refused

If your visa application is refused, we will inform you of:

  • Reason for Refusal: The specific reasons why your visa was not granted.
  • Review Rights: Information on whether you have the right to appeal an assessment of the decision.

Please note that the application charge is non-refundable, even if your visa is refused.

When You Have This Visa

Coming to Australia

Entering Australia If you are outside Australia when your visa permit is granted, you must enter the country before the specified date stated in your visa entitlement letter.

Pre-Departure Checklist Before you leave, ensure you have the following travel documents:

  • A valid visa to enter Australia
  • An effective/valid passport or alternative travel document

At the Border

Incoming Passenger Card All arriving passengers must complete an Incoming Passenger Card, which will be provided onboard your flight.

Expedited Airport Exit You may be able to exit the airport faster by using SmartGates, which employ facial recognition technology and ePassports.

In Australia

Rights and Benefits As a visa holder, you can:

  • Permanently reside in Australia
  • Work and study
  • Register for Medicare, Australia’s national healthcare program
  • Sponsor relatives to come to Australia
  • Journey to and from Australia for a period of five years
  • Apply for Australian citizenship if you meet the eligibility requirements

Obligations on This Visa

Legal Compliance You and your family members must adhere to all Australian laws.

Duration of Stay

Permanent Residency This is a permanent visa, allowing you to stay in Australia indefinitely.

Travel Conditions

Five-Year Travel Privileges You can travel to and from Australia for five years from the date your visa is issued, and you are allowed to re-enter Australia. After this time, you will require a Resident Return (RRV) visa (subclass 155 or 157) to re-enter the country as a permanent resident. Use VEVO to check when the five-year period ends.

Special Notes for New Zealand Passport Holders

Border Clearance If processed by an immigration officer at the border, inform them that you hold a Skilled Independent visa (subclass 189) and do not wish to receive a Special Category visa (subclass 444). Receiving a subclass 444 visa will cancel your permanent visa and affect your eligibility for Australian citizenship.

Proving Your Visa Status

Visa Verification Use VEVO to prove your visa status and conditions.

Employment

Workplace Rights You are protected by Australian workplace laws. Become acquainted with your rights and privileges.

Sponsoring Family Members

Bringing Family As a permanent resident, you may sponsor eligible family members to come to Australia. Explore visa options to find the right one for your family.

Becoming an Australian Citizen

Citizenship Eligibility You might qualify for Australian citizenship after a certain period. Learn more about the citizenship process. For the purpose of citizenship, your period of permanent residency starts:

  • On the date your visa was issued, if you were in Australia
  • On your entry date into Australia if you were outside when the visa was granted

Leaving Australia

Pre-Departure Checklist Ensure you have:

  • An effective or valid passport or other travel document
  • A visa that permits re-entry into Australia

Check the travel component of your visa in VEVO and learn what to do if your visa has expired or is about to expire.

At the Border

Expedited Airport Exit You can use SmartGates for a faster exit from the airport, utilizing facial recognition technology and your ePassport.

After Leaving

Travel Records Request your international movement records to get proof of travel in and out of Australia.

Disclaimer: While the information provided on the Skilled Independent visa (subclass 189) Points-tested stream is comprehensive, YourPressUSA recommend readers to conduct your own research for understanding this visa thoroughly is crucial for making informed decisions about immigration to Australia. 



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