The “points” tested visas – subclass 189/190 and 489 visas

If you are a skilled worker whose occupation is on one of the ‘”lists”, then you may be eligible to apply for one of these visas. They are either a two or a three stage process (in the case of the subclass 489 visa).

The process is:

1. Submit an Expression of Interest (EOI) in Skill Select;
2. When you are invited to apply for the visa, submit your visa application; and
3. In the case of the subclass 489 visa only, meet the Department’s requirements around living and working in “Regional Australia” and then apply for the permanent (subclass 887) visa.

What is an Expression of Interest?

This is where you tell the Department of Home Affairs about you, your qualifications, work experience and level of English language ability (just to name a few of the factors that are taken into account) and you ask the Australian Government to invite you to apply for a visa.

What happens if I get it wrong?

It is absolutely critical that the information you give at this stage is accurate because this information forms the basis of your visa application. If you claim points that you shouldn’t, or miss points that you are eligible

Visa application.

When you receive an invitation, you submit your visa application and all the supporting evidence to back up the claims you have made in your EOI. If you are unable to adequately back up those claims, then it is likely that your visa application will be refused.

for, then it can have serious consequences for any resulting visa application. Getting accurate advice on the points you are eligible for is absolutely indispensable.

Who can apply?

To be eligible to apply for these visas, you must:

• Be under 45 years of age at the time you apply

• Have an occupation on the correct “list”. For the subclass 189 visa this is the Medium and Long Term Strategic Skills List (MLTSSL). For the subclass 190 visa this is either the MLTSSL or the Short Term Skilled Occupations List (STSOL) AND the “list” of the State or Territory of Australia that you are seeking nomination from. For the subclass 489 visa this can be either the MLTSSL (family sponsored) or the MLTSSL or STSOL AND the “list” of the State or Territory of Australia that you are seeking nomination from (State/ territory nominated). Find out which Australian Government “list” your occupation is on here: https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list

• Be nominated by a State or Territory of Australia (if you are seeking State or Territory nomination – subclass 190 and subclass 489 (State or Territory nominated) only)

• Meet the English language requirements

• Score at least 65 on the points test

• Submit an expression of interest

• Meet Australia’s health and character requirements.

• Be invited to apply for the visa

Can I include my family?

You can include some members of your family in the application (generally your spouse/ partner and your children). An extra Department Home Affairs application charge is payable by those additional applicants and they must also meet Australia’s health and character requirements. Any additional visa applicants over the age of 18 must also meet English language requirements or pay an additional fee before the visa application can be approved.

The information here is just a brief overview of the process and many other points may need to be considered. We have helped many applicants navigate their way through the “points” maze, so please get in touch and we can help you decide whether or not this is the right visa option for you.