Skilled Independent Visa (189)

The Skilled Independent visa is a visa suited to highly skilled workers in occupations that are listed in the medium and long term skilled occupation list. This points tested permanent visa provides for permanent residence once granted, allowing visa holders to live and work in Australia indefinitely. There is no requirement to work in a particular occupation or for a particular employer, and visa holders will be able to enjoy the full range of benefits afforded to Australian permanent residents.

  • Fixed price
  • Deal direct with a lawyer
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  • Satisfaction guarantee

What is a Subclass 189 Skilled Independent Visa?

The Subclass 189 Skilled Independent Visa is a permanent residency visa for skilled workers. Unlike the Subclass 190 Skilled Nominated Visa, the 189 Visa does not require a State or Territory nomination. Both visas, however, operate under a points-based system managed through SkillSelect, requiring applicants to lodge an Expression of Interest (EOI) and wait for an invitation to apply. Additionally, all applicants must undergo a skills assessment by the relevant assessing authority.

One key advantage of the 189 Visa is that it does not require the applicant to be onshore at the time of application, allowing skilled workers to apply from outside Australia. This visa also permits the inclusion of eligible family members, granting them the same benefits of permanent residency as the primary applicant.

Eligibility Criteria for a Subclass 189 Skilled Independent Visa

To qualify for the Subclass 189 Visa, applicants must meet the following requirements:

  1. Valid Passport: Hold a valid passport.
  2. Points Test: Achieve a minimum of 65 points in SkillSelect.
  3. Expression of Interest (EOI): Submit an EOI in SkillSelect and receive an invitation to apply.
  4. Skills Assessment: Obtain a positive skills assessment for your occupation.
  5. Occupation List: Ensure your occupation is listed on the Medium and Long-term Strategic Skills List (MLTSSL).
  6. Age Requirement: Be under the age of 45 at the time of invitation.
  7. Qualifications and Licenses: Hold the necessary qualifications and/or licenses for your nominated occupation.
  8. English Language Proficiency: Meet the relevant English language requirements.
  9. Health and Character: Satisfy the health and character requirements.
  10. Australian Values Statement: Sign the Australian values statement.

Benefits of the Subclass 189 Skilled Independent Visa

The Subclass 189 Visa offers numerous benefits for skilled workers and their families, including:

  • Permanent Residency: Live in Australia indefinitely with a pathway to citizenship upon meeting eligibility criteria.
  • No Sponsorship Requirement: Apply without needing a sponsoring employer or State/Territory nomination.
  • Work and Study Freedom: Work in any occupation and study at any institution without restrictions.
  • Family Inclusion: Include eligible family members as permanent residents.
  • Access to Benefits: Enjoy access to Medicare, subsidized education, and social security benefits.
  • Travel Freedom: Travel in and out of Australia as often as needed.

For expert guidance with your Subclass 189 Visa application, Expert Migration Lawyer offers comprehensive services to ensure your application is accurate and complete. Our legal team specializes in Australian migration law, providing tailored advice and support to help skilled workers and their families achieve permanent residency in Australia.

How the Subclass 189 Skilled Independent Visa Works

The Subclass 189 Skilled Independent Visa allows skilled workers to apply for permanent residency without requiring prior sponsorship by an Australian employer or nomination by a State or Territory. It can be applied for from either within Australia (onshore) or outside Australia (offshore). The application process is divided into two key stages:

Stage 1: Expression of Interest (EOI) through SkillSelect

  1. Lodging an EOI:

    • The process begins with submitting an Expression of Interest (EOI) in SkillSelect.
    • This involves a points-based test that evaluates your work experience, English language skills, qualifications, and relationship status.
    • A minimum score of 65 is required to be eligible, but a higher score improves your chances of receiving an invitation.

  2. Invitation to Apply:

    • After submitting the EOI, you must wait to receive an invitation to apply for the visa. Invitations are competitive and based on your ranking in the points test.

Stage 2: Visa Application

  1. Applying for the Visa:

    • Once invited, you have 60 days to submit your visa application.
    • The invitation includes a link to your application in your ImmiAccount, making the process straightforward.

  2. Documentation:

    • Your visa application must include evidence supporting the claims made in your EOI. Consistency between the EOI and the application is crucial.
 

How the Subclass 189 Skilled Independent Visa Works

The Subclass 189 Skilled Independent Visa allows skilled workers to apply for permanent residency without requiring prior sponsorship by an Australian employer or nomination by a State or Territory. It can be applied for from either within Australia (onshore) or outside Australia (offshore). The application process is divided into two key stages:

Stage 1: Expression of Interest (EOI) through SkillSelect

  1. Lodging an EOI:

    • The process begins with submitting an Expression of Interest (EOI) in SkillSelect.
    • This involves a points-based test that evaluates your work experience, English language skills, qualifications, and relationship status.
    • A minimum score of 65 is required to be eligible, but a higher score improves your chances of receiving an invitation.

  2. Invitation to Apply:

    • After submitting the EOI, you must wait to receive an invitation to apply for the visa. Invitations are competitive and based on your ranking in the points test.

Stage 2: Visa Application

  1. Applying for the Visa:

    • Once invited, you have 60 days to submit your visa application.
    • The invitation includes a link to your application in your ImmiAccount, making the process straightforward.

  2. Documentation:

    • Your visa application must include evidence supporting the claims made in your EOI. Consistency between the EOI and the application is crucial.

Benefits of Using an Immigration Lawyer

Engaging an immigration lawyer can greatly enhance the efficiency and success of your visa application process. Here’s how:

  1. Expert Knowledge and Guidance:

    • Immigration lawyers have a deep understanding of the relevant case law, policy, and legislation surrounding the Subclass 189 visa.
    • They provide clear advice on all requirements, ensuring your application is complete and accurate.

  2. Improved Success Rate:

    • Lawyers have extensive experience managing a wide range of occupations and complex situations, which helps maximize your chances of success.

  3. Comprehensive Support:

    • From preparing your initial EOI to responding to any additional requests from the Department of Home Affairs, lawyers assist you at every step.
    • They ensure your application aligns with all legislative requirements, reducing the likelihood of delays or refusals.

  4. Minimizing Stress:

    • Navigating Australia’s immigration system can be challenging. Lawyers streamline the process, allowing you to focus on other priorities.

At Expert Migration Lawyer, our team of qualified Australian lawyers specializes in migration law and has a strong track record of successful visa outcomes. We are dedicated to making the application process seamless and stress-free, providing expert support from start to finish. Whether you are at the EOI stage or preparing your visa application, we are here to help you every step of the way.

189 Visa Processing Times

The processing time for a Subclass 189 Skilled Independent Visa typically ranges from 12 to 13 months. Delays can occur depending on how long it takes to receive an invitation to apply, as well as factors such as:

  • The complexity of the case.
  • The completeness and accuracy of the application.
  • The current caseload being handled by the Department of Home Affairs.

At Expert Migration Lawyer, we are committed to preparing high-quality, comprehensive applications to minimize delays and maximize the chances of a successful outcome.

Skilled Independent Visa Subclass Considerations

Our team at Expert Migration Lawyer consists of experienced professionals specializing in Australian migration law. Here are some key considerations for your 189 Visa application:

  1. Outcome Guarantees:

    • While we cannot guarantee that your visa will be approved (as this decision is made solely by the Department of Home Affairs), our legal expertise allows us to present a strong, compliant application to improve your chances of success.

  2. Accessibility:

    • We offer online consultations, making it easy for you to connect with us from anywhere in Australia.

  3. Comprehensive Assistance:

    • We provide end-to-end support throughout the entire 189 Visa process, including:
      • Skills assessment preparation.
      • Lodging the Expression of Interest (EOI).
      • Completing and submitting the visa application.
    • We also ensure consistency and quality in all aspects of the application process.

  4. Support for Sponsors (if applicable):

    • If your application involves coordination with a sponsor, we work closely with both parties to ensure the documentation is aligned and accurate.

At Expert Migration Lawyer, we prioritize your success by offering tailored legal advice and thorough assistance for every step of the Subclass 189 Visa application process. Whether you are starting with your skills assessment or finalizing your visa application, we are here to help you achieve your Australian residency goals.

How Expert Migration Lawyer Can Help You

At Expert Migration Lawyer, we understand the sensitive and challenging nature of family violence cases. Our team is committed to providing compassionate and professional legal assistance to ensure your safety and support your visa application process.

Here’s how we can help you:

1. Confidential and Secure Guidance

We prioritize your safety and confidentiality throughout the process. Our team handles your case with the utmost discretion, ensuring that your information remains secure.

2. Tailored Migration Advice

Every case is unique, and we take the time to understand your specific situation. Our migration lawyers provide personalized advice to help you identify the most suitable visa options based on your circumstances.

3. Comprehensive Documentation Support

We assist you in collecting and organizing the necessary evidence and documents to strengthen your family violence claim. This includes police reports, medical records, and affidavits from witnesses or support services.

4. Preparation of Submissions

Our team prepares detailed submissions to the Department of Home Affairs, clearly explaining your experiences and circumstances to support your claim effectively.

5. Advocacy and Representation

We act as your representative, ensuring that all communication with the Department of Home Affairs is handled professionally. Our team is experienced in responding to requests for additional information and addressing any concerns raised by the Department.

6. Alternative Visa Pathways

If you are not eligible for a permanent Partner visa after a relationship breakdown, we explore alternative visa pathways for you and your family. This includes evaluating your eligibility for other types of visas that align with your goals and circumstances.

7. Ongoing Support

From start to finish, we stand by your side. Our goal is to provide you with clarity, confidence, and expert guidance throughout the process, helping you achieve the best possible outcome for your case.

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