Subclass 189 — Skilled Independent Visa — immi.wiki

The Subclass 189 Skilled Independent visa is a points-tested permanent residence visa. It is designed for skilled workers who have been invited through the SkillSelect system and who do not require sponsorship from an employer, a state or territory government, or an eligible family member.

The visa grants unlimited work rights in Australia and is a direct pathway to Australian citizenship. There is no requirement to live in a specific state or territory after grant.

The legislative basis is in Schedule 2 to the Migration Regulations 1994, specifically clause 189.211 (primary criteria at application) and clause 189.212 (criteria at decision).

To be eligible for the Subclass 189 under the points-tested stream, an applicant must, at the time of invitation:

• Be under 45 years of age
• Have at least vocational English (IELTS 5.0 in each band or equivalent)
• Have a nominated occupation on the relevant skilled occupation list (Medium and Long-term Strategic Skills List (MLTSSL) for the 189)
• Hold a positive skills assessment from the relevant assessing authority for the nominated occupation
• Have submitted an Expression of Interest in SkillSelect and received an invitation to apply
• Satisfy the points test (minimum 65 points under r 2.72)

At the time of decision, the applicant must also satisfy health requirements and character requirements (public interest criteria).

The Subclass 189 application process involves several steps governed by the Migration Regulations:

1. Skills assessment: Obtain a positive skills assessment from the relevant assessing authority for the nominated occupation.
2. Expression of Interest: Submit an EOI through SkillSelect. The EOI is not a visa application; it is an expression of interest in being invited to apply.
3. Invitation: If invited by the Minister, the applicant has 60 days to lodge the visa application and pay the application charge.
4. Visa application: Lodged online via ImmiAccount. Must include all family members to be included in the visa.
5. Assessment: The Department of Home Affairs assesses the application against all criteria in cl 189.211 and cl 189.212, including health and character checks.
6. Decision: The Minister grants or refuses the visa under s 65 of the Migration Act.

The Subclass 189 is a permanent visa. It does not carry the type of restrictive conditions found on temporary visas. Holders have unlimited rights to work and study in Australia.

Standard conditions applicable to all permanent visas apply, including requirements relating to character and national security. A Subclass 189 visa can be cancelled under s 116 of the Migration Act on the same grounds as any other visa.

The visa is subject to a 5-year travel facility, which allows the holder to travel to and re-enter Australia. After the travel facility expires, the holder must obtain a Resident Return Visa (RRV) to re-enter Australia as a permanent resident.