cl 189.211 — Subclass 189 primary criteria — Migration Regulations 1994
Text of provision
189.211 Criteria to be satisfied at time of application
The applicant:
(a) has been invited, in accordance with Subdivision AA of Division 3 of Part 2 of the Act, to apply for the visa; and
(b) is nominated by a State or Territory government agency — [Note: This criterion does not apply to the points-tested stream; it applies only to the New Zealand stream]; and
(c) satisfies Schedule 6C (points test); and
(d) is nominated for an occupation on the relevant skilled occupation list; and
(e) has been assessed by the relevant assessing authority for the occupation as having suitable skills for the occupation; and
(f) at the time of invitation to apply, was under 45 years of age; and
(g) at the time of invitation to apply, had vocational English.
Plain English
Clause 189.211 lists the criteria that must be satisfied at the time of the visa application for the primary applicant seeking a Subclass 189 Skilled Independent visa under the points-tested stream.
The key requirements are:
- Invitation: The applicant must have been invited to apply through SkillSelect.
- Points test: The applicant must satisfy Schedule 6C, which incorporates the points test under s 101 and r 2.72.
- Occupation list: The nominated occupation must be on the relevant skilled occupation list at the time of invitation.
- Skills assessment: A positive skills assessment from the relevant assessing authority is required.
- Age: The applicant must have been under 45 at the time of invitation (not application).
- English: At least vocational English at the time of invitation.
Practical effect
The criteria in cl 189.211 are assessed at the time of application for most purposes, but several key eligibility thresholds — age (under 45) and English (vocational) — are assessed as at the time the invitation to apply was issued, not the time the application is lodged.
This means that if an applicant turned 45 after receiving an invitation but before lodging the application, they still meet the age criterion — because the age threshold was satisfied at invitation time. Conversely, an applicant who was 44 at invitation but 45 when lodging satisfies the age requirement.
The requirement for a positive skills assessment (cl 189.211(e)) must be for the nominated occupation. A skills assessment for a different occupation, even a closely related one, does not satisfy this criterion.
For the Subclass 190 equivalent, see cl 190.211, which adds the requirement of state/territory nomination.