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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.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
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What is a subclass 189 Skilled Independent visa?
The 189 visa is very similar to the subclass 190 Skilled Nominated visa, however the 189 does not share the 190’s requirement for a State or Territory nomination. Both visas are assessed on the basis of a points system, which is run through SkillSelect, and require you to wait for an invitation to apply. All applicants must also have their skills assessed by the relevant assessing authority.
An applicant does not need to be onshore in order to apply for this visa, which means that skilled workers can apply for the 189 visa as a way of directly applying to be a permanent resident in Australia. A 189 visa application can include members of the primary applicant’s family members, and will allow all secondary applicants the same benefits of permanent residency.
Eligibility criteria for a Skilled Independent visa in Australia
In order to be successful with an application for a subclass 189 visa, an applicant must fulfill the following requirements:
- You must hold a valid passport
- You must be able to score a minimum of 65 points in SkillSelect
- You must lodge an Expression of Interest (EOI) in SkillSelect, and be invited to apply for the visa
- You must have a positive skills assessment for your occupation
- Your occupation must be listed on the medium and long-term strategic skills list
- You must be under the age of 45 when invited to apply
- You must have all necessary qualifications and/or licenses required for the occupation
- You must meet the relevant English language requirements
- You must meet the health and character requirements
- You must sign the Australian values statement
Learn more about 189 visa requirements
Eligibility criteria for a Skilled Independent visa in Australia
In order to be successful with an application for a subclass 189 visa, an applicant must fulfill the following requirements:
- You must hold a valid passport
- You must be able to score a minimum of 65 points in SkillSelect
- You must lodge an Expression of Interest (EOI) in SkillSelect, and be invited to apply for the visa
- You must have a positive skills assessment for your occupation
- Your occupation must be listed on the medium and long-term strategic skills list
- You must be under the age of 45 when invited to apply
- You must have all necessary qualifications and/or licenses required for the occupation
- You must meet the relevant English language requirements
- You must meet the health and character requirements
- You must sign the Australian values statement
Learn more about 189 visa requirements
Benefits of the 189 Skilled Independent Visa
There are a number of benefits to the Skilled Independent visa, which allows skilled workers to remain in Australia indefinitely, and to apply for Australian citizenship on meeting the criteria.
The 189 visa provides a pathway to permanent residency which does not require a sponsoring employer, and has fewer work restrictions once granted, allowing visa holders to work in any occupation and for any sponsor. Further benefits for 189 visa holders include:
- Unrestricted work, study and travel rights for you and any secondary applicants
- Travel in and out of Australia
- Access to medicare and subsidized study
- Include family members to come to Australia as permanent residents
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Skilled Independent Visa checklist
There is a significant amount of evidence required for the grant of a 189 visa. Much of the evidence that you will need for the application would have been requested for the Expression of Interest as well, however there are a few differences. Here is a snapshot of the supporting documents you will be asked to provide.
- Passport
- Marriage certificate (if applicable)
- Divorce/death certificate for previous spouse (if applicable)
- Proof of name change (if applicable)
- National identity card (if applicable)
- Birth certificates
- Divorce/death certificate for previous spouse (if applicable)
- Current CV or resume
- Evidence of relevant qualifications
- Must have a suitable skills assessment outcome
- Evidence of registration or licencing (if applicable)
- Reference letters from former employers
- Military service record or discharge papers (if applicable)
- Medical checks
- Police clearance certificates from former countries of residence
- English test results
How the 189 Skilled Independent visa works
The subclass 189 visa can be applied for either onshore or offshore, and does not require you to have previously held an Australian visa or be nominated by an Australian business. The application process can be broken down into two main stages.
Stage 1: Expression of Interest through SkillSelect
The first stage involves lodging an Expression of Interest (EOI) in SkillSelect and waiting to receive an invitation to apply. The EOI involves a points based test, which takes into account factors such as your work experience, English language skills, qualifications and relationship status to give you a score. The minimum score to be eligible to apply for the 189 is 65, however a higher score will make you more competitive.
Stage 2: Visa application
Once you receive an invitation to apply for the subclass 189 visa, you have 60 days to apply. You will receive a link in the invitation which will take you directly to an application in your Immi account. The visa application will require similar evidence as your EOI, and any claims made in the EOI reflected in the visa application.
Benefits of using an immigration lawyer
As immigration lawyers, we have a keen understanding of the relevant case law, policy, and legislation relating to 189 visas.
At Australian Migration Lawyers, we provide valuable guidance and support to make the entire process as seamless as possible. We have a high success rate with our applications, and have dealt with a wide array of complex occupations and situations.
- Our team of qualified Australian lawyers draw on their knowledge of legislation, case law, and policy, to give clear and accurate advice on all requirements and strategies relevant to your matter
- As lawyers, we have an obligation to ensure that your application meets all legislative requirements, which greatly improves your chance of success
- We assist in all stages of the process, including the preparation of all necessary applications all the way through to the grant of the visa, including working with you to action any additional requests from the Department of Home Affairs
Skilled Independent visa subclass 189 costs
There are two main costs associated with a 189 visa application.
Professional fees payable to Australian Migration Lawyers to prepare the application
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We strive to be flexible, so we offer payment plans based on financial need.
Book a consultation with one of our qualified lawyers to get a quote.
Department fees
The application fee to the Department of Home Affairs in relation to a 189 visa application is $4,640. There will also be fees for the skills assessment which will vary depending on the assessing authority. There are no fees associated with lodging an EOI in SkillSelect.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
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189 Visa Processing times
The processing time for a 189 visa can take between 12 to 13 months, subject to any delay in receiving an invitation to apply. Processing times are subject to the complexity of the case, the completeness of your application and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Skilled Independent Visa subclass Considerations
Our legal team at Australian Migration Lawyers are skilled lawyers practising in Australian migration law.
As lawyers, we cannot issue guarantees that your visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
We strive to make ourselves as accessible as possible to you
- You can have a consultation with us from anywhere in Australia as our consultations are online
- We can assist you regardless of where you are in the 189 visa process
- We assist with all stages of the process, including the skills assessment, EOI and visa applications
- We can work with both you and your sponsor to ensure consistency and quality throughout the whole application process
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Melbourne
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Sydney
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Perth
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Brisbane
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Adelaide
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Canberra
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Darwin
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Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions.
What is a skilled independent visa subclass 189?
A subclass 189 visa is a permanent visa for highly skilled applicants in occupations listed in the medium and long term occupation list. Invitations to apply for the visa are made on the basis of a points test and Expressions of Interest made in SkillSelect.
What is the difference between 189 and 190 skilled independent visa subclass?
The 189 is applied for independently, whereas the 190 requires a nomination from an Australian State or Territory government. Other key differences between the two include:
- The 190 visa includes occupations on both the short and medium to long term skilled occupation lists, whereas the 189 is only available for the latter list
- The 189 visa will require you to meet nomination requirements that differ between different States or Territories
- You will need to be nominated by a State or Territory before you will receive an invitation to apply for the 190
Is 189 visa hard to get?
The 189 visa can be competitive, so it is important to ensure that you have a competitive points score. You can increase your points by getting a higher English test result or more work experience. You can update the details in an EOI at any time in order to increase your chances.
If you have a relatively high points score, and have selected an occupation that’s in high demand, there is a good chance that you will receive an invitation to apply. Once you receive the invitation, the application itself is not too difficult, as long as you are able to meet all the criteria.
How many points is the Skilled Independent visa subclass 189?
The minimum points score eligibility for the 189 visa is 65 points, however a higher score will make you more competitive and therefore more likely to receive an invitation.
How long is a 189 visa valid for?
The 189 visa is a permanent visa, which allows for an indefinite stay. The travel facility on the visa will originally be for a period of five years, however you can apply for a Resident Return visa after the five year period to extend the travel facility. You may also be eligible to become an Australian citizen subject to meeting the residency requirements,
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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