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Contact Us


KOGARAH OFFICE
Suite 309 – 310, Level 3
13A Montgomery Street
KOGARAH NSW 2217


SYDNEY CITY OFFICE
Ground Floor
54 Martin Place
SYDNEY NSW 2000


Email: solicitors@gmhlegal.com
Phone: (02) 9587 0458
Facsimile: (02) 9587 2936


GENERAL SKILLED MIGRATION


At GMH Legal we have a wealth of experience in handling general skilled migration visas. We will make sure that your application is thorough and complete in every respect to ensure the quickest possible processing time to permanent residence. We will be able to answer all your questions and enquiries, including allocation dates and questions surrounding the skilled migration points test.

Our professional solicitors and registered migration agents will be able to advise and assistance in relation to your permanent skilled visa to Australia. If you are granted a permanent skilled visa you will be able to:

  • live and work in Australia on a permanent basis;
  • sponsor your family members to live in Australia;
  • have access to Medicare;
  • access social security payments;
  • study in Australia; and
  • be eligible for Australian citizenship.

Skilled visas are granted to persons in occupations who have the education, skills and employment attributes to contribute to the Australian economy and society. These can be applied for onshore in Australia or overseas.

SUBCLASS 189 VISA

The Skilled-Independent visa (subclass 189) is a permanent residence visa for points-tested skilled workers who want to work and live in Australia.

Applications are by invitation only and an intended applicant must submit an Expression of Interest (EOI) and have a suitable skills assessment for that occupation. You can be in or outside Australia when you apply and when the visa is granted.

You must be under the age of 50 years at the time of making application and have competent English language Skills. You must have skills or qualifications comparable to Australian Qualification in a skilled occupation on the Consolidated Skilled Occupation List (CSOL).

Under the SkillSelect program prospective skilled visa applicants must first lodge an expression of interest (EOI) with the Department of Immigration and Citizenship. Based on their points test score, the Department will decide whether to let an applicant lodge a skilled visa application.

An EOI is submitted to express your interest in applying for a skilled visa. It is not a visa application. A potential applicant will need evidence of a Skills Assessment, and English language requirements before submitting an EOI. They will also need to provide other basic documentation. This documentation may vary depending on the visa they wish to apply for.

Once the EOI has been submitted via the SkillSelect system, the potential applicant will be assessed by the system, which will give them a points score (see our points test for a guideline), and results. Your EOI is then in the system (for up to 2 years), and you may be issued an invitation to apply for a visa at any time. This visa is assessed on a points system and 60 points are required to qualify as well as meeting the standard conditions.

Points are awarded in the following categories:

  • Age
  • English Language
  • Australian and Overseas Work Experience
  • Australian Study
  • Qualifications
  • Community Language
  • Regional Australian Study
  • Spouse Skills
  • Professional Year

This visa provides immediate permanent residency to the applicant and his or her immediate family who accompany them on their application.

Extra points are available if you obtained your qualifications or experience in Australia; or you are sponsored by one of your Australian relatives or a State government. If you do not have enough points (e.g. you do not have enough points for your English language skills) you may still qualify for a provisional visa.

Skilled migration is a drawn out, complex process and the law changes so frequently. You must:

  • obtain a skills assessment
  • lodge an EOI and have it approved
  • lodge a visa application



What this visa allows you to do

This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

You can also access certain social security payments (subject to waiting periods).


Health requirements

You must meet certain health requirements. The health examinations you need will depend on your personal circumstances, including your country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months. This applies to you and any dependent family members included in your application.

You are able to organise your health examinations upfront before lodging a visa application.


Character requirement

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. This applies to you and all the dependent family members listed in your application, whether they are migrating or not.


Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.


Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.


Sign the Australian Values Statement

If you are 18 years of age or older, you must sign an Australian Values Statement to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form. You must have read, or had explained to you, the Life in Australia book before you sign the statement.


Including family in your application

You can include the following people in your visa application:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements. You can add your partner and dependent children to your application at any time until your visa is decided.


Points Test

You must score at least 60 points against points test factors to be eligible to be invited to apply for this visa.

If you are invited to apply, you must achieve at least the score specified in your letter of invitation.


How points are awarded

Points are awarded on the basis of the factors listed in the following table. All factors are assessed as they are at the time you are invited to apply for this visa.

Skilled Migration Points Test

GMH LEGAL MIGRATION AGENTS – Skilled Migration Points Test

Age

You can receive up to 30 points based on the age you were on the day you were invited to apply.
You must have been younger than 50 years of age when you were invited to apply for this visa.


English language ability

You must be able to demonstrate that you have at least ‘competent’ English language ability at the time you are invited to apply. To do so, you must show that either:

  • you are a citizen of and hold a current passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or
  • you have scored at least 6 on each of the four components of speaking, reading, listening and writing in an International English Language Testing System (IELTS) test, or scored B on each of the four components of an Occupational English Test (OET).

No points are awarded for competent English. You can receive 10 points for ‘proficient’ English and 20 points for ‘superior’ English. You must provide evidence of:

  • Proficient English: a score of 7 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of B on each of the four components of an OET
  • Superior English: a score of 8 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of A on each of the four components of an OET.

The IELTS has an academic test and a general training test. You need only take the general training test unless your assessing authority tells you otherwise. You only need to provide the test report form (TRF) number that is on your IELTS certificate. Your IELTS or OET test results must be no older than three years immediately before the day on which you lodge your visa application.


Skilled Employment

You can receive up to 20 points for skilled employment.

To claim points for skilled employment you must have, in the 10 years before you were invited to apply, at least 20 hours of paid work per week in your nominated skilled occupation and/or a closely related occupation.

Skilled employment is where:

  • the relevant assessing authority provides an opinion in your suitable skills assessment that your employment is skilled (you must use the date that skilled employment commenced stated in your skills assessment)
  • your employment experience meets the standards for skilled employment set by the relevant assessing authority on their website.

If the relevant assessing authority standards for assessing skilled employment does not have publicly available standards, your employment experience must meet at least the minimum indicative skill level set by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This may apply to occupations which require registration as evidence of a suitable skills assessment.

Any periods of employment in a closely related occupation must be undertaken at the equivalent skill level of your nominated occupation. This means that any employment that you claim as ‘closely related’ to your nominated occupation should be:

  • in the same ANZSCO Unit Group. For example, the occupations of Management Accountant and Taxation Accountant are in the same group, or
  • consistent with a career advancement pathway. For example, Accountant to Chief Financial Officer, or
  • where the relevant assessing authority has determined that the employment is closely related to the nominated occupation.

‘Working for at least 20 hours a week’ means 20 hours paid work each week. You may also meet this requirement where your employment provides for variable hours of work that extend beyond a week such as some shift workers and fly in fly out workers.


Qualifications

You can receive up to 20 points based on your educational qualifications at the time you were invited to apply.

Points can be awarded for your highest tertiary qualification. For example, if you have completed a Bachelor degree and a Doctorate degree, you can receive points for the Doctorate degree.

The relevant assessing authority for your nominated occupation can usually determine whether your qualifications are of a standard that is comparable to a relevant Australian qualification.

If the relevant assessing authority that conducts your skills assessment cannot give you an opinion about your qualifications, contact Vocational Education Training and Assessment Services.


Doctorate Degree

To receive 20 points for a Doctorate you must have met the requirements for an award of doctorate by an Australian educational institution or the award of a Doctorate, by another educational institution, that is comparable to a Doctorate at Australian standards.

A Doctorate generally comprises more than 4 years of study, involving extensive research, coursework, exams and the writing of a thesis/dissertation.


Bachelor Degree

To receive 15 points for having at least a Bachelor degree, you must have met the requirements for an award of Bachelor degree by an Australian educational institution or your qualification must be considered as at least comparable to a Bachelor level at Australian standards.

For example a Diploma in Nursing completed in the United Kingdom is generally considered by the relevant assessing authority as comparable to an Australian Bachelor degree.

Note: To receive 15 points for a Masters degree, you must also have a Bachelor degree completed in Australia or overseas, or the Masters degree must be considered as at least comparable to Bachelor degree level at Australian standards.


Australian Diploma or Trade qualifications

You can receive 10 points for an Australian Diploma or Australian trade qualification.


Any other qualification

You can receive 10 points for any other qualification or award which is recognised as suitable for your nominated occupation in your skills assessment by the relevant assessing authority.


Australian Study Requirement

You can receive five points if you have completed one or more degrees, diplomas or trade qualifications for award through a course or courses taken at an Australian educational institution.

Your course or courses must:

  • be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
  • have been completed in a total of at least 16 calendar months
  • have been completed as a result of at least two academic years of study
  • have given all instruction in English
  • have been completed while you were physically in Australia
  • have been completed while you held a visa authorising you to study in Australia.

A course can be counted only once towards the Australian study requirement. Any failed course subject cannot be counted.

As evidence that you completed the course or courses, you need to provide:

  • a certified copy of a completion letter from your educational institution, including
  • the dates the course began and ended
  • the date the course requirements were met
  • the location of the campus where you studied
  • certified copies of course transcripts.

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

This is a measure of the amount of study you have completed, rather than of how long it took you to do it. The study does not have to be full time.

You can take longer to complete course work, but you will be credited with the number of weeks that CRICOS determines as a standard duration. For example, if it takes you 92 weeks to complete a course that CRICOS says should take 78 weeks, you will receive credit for 78 weeks only.

If you are given credit for prior learning, you could be exempt from taking a relevant course. An exempted course cannot be counted towards the Australian study requirement. Credit cannot be counted on the basis of study done either overseas or within Australia in a non-CRICOS registered course.

The 92 weeks of study could contribute towards the award of one of more acceptable qualifications. In this instance, the courses of study need not have been done within a 24-month period. It is possible to have a break between completing the first course and beginning the second.


Credentialled community language

You can receive five points for having a credentialled community language when you are invited to apply. The language must be accredited by the National Accreditation Authority for Translators and Interpreters.

To receive points, you must provide evidence that the authority has accredited you as a translator or interpreter at the paraprofessional level or above.


Study in regional Australia

You can receive five points if each of the following applied:

  • you met the Australian Study requirement
  • if you have lived and studied in regional Australia or a low population-growth metropolitan area
  • none of the study undertaken constituted distance education.

Evidence that you have lived and studied in these areas can include:

  • documents that prove where you lived, such as rental agreements and gas, power and phone bills
  • documents that prove where you studied, such as your academic transcript or letters from educational institutions.



Partner skills

You can receive five points if, when you are invited to apply for this visa, your partner provides evidence that they:

  • were under 50 years of age
  • had at least competent English
  • had nominated an occupation on the same skilled occupation list as your nominated occupation
  • had been assessed by the relevant assessing authority as having suitable skills for the nominated occupation.



Professional year in Australia

You can receive five points for having completed a professional year in Australia in the four years before you were invited to apply.

Your professional year course must have been in your nominated skilled occupation or a closely related skilled occupation. The course must have lasted for at least 12 months.

Qualifying professional year courses are offered by:

  • Australian Computer Society
  • CPA Australia
  • Institute of Chartered Accountants of Australia
  • Institute of Public Accountants (formerly the National Institute of Accountants)
  • Engineers Australia.

SUBCLASS 190 VISA

The Skilled Nominated visa (subclass 190) is a permanent residence visa for skilled and experienced who want to work and live in Australia after being nominated by an Australian state or territory government agency.

It is points based visa and you must first lodge an Expression of Interest through ‘Skill Select’, score 60 points to then be eligible for an invitation to apply for the visa and then be selected by a state or territory government of Australia.

At the time you lodge your expression of interest you must also have had your skills positively assessed and achieved an international English Language Test Score (IELTS) of 6 or more in all four of the major test components. You must be under 50 years of age when an invitation to apply is also issued.

Your sponsor must be a State or Territory government. The visa is assessed on a points basis with 60 points required to qualify in addition to meeting the standard conditions.

Points are awarded in the following categories:

  • Age
  • English Language
  • Australian and Overseas Work Experience
  • Australian Study
  • Qualifications
  • Community Language
  • Regional Australian Study
  • Spouse Skills
  • State Sponsorship Points
  • Professional Year



What this visa allows you to do

This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).



Nomination by a state or territory government

State and territory government agencies can view your expression of interest in SkillSelect and decide whether to nominate you for a visa. Each state or territory has a list of occupations that guides the types of skills they are looking for.

In your expression of interest, you can indicate your interest in just one state or territory, or you can choose to be available to all of them. If you accept a nomination, the states and territories may require you to:

  • live in the nominating state or territory for a specified minimum time
  • tell the state or territory your address, both before and after you arrive in Australia
  • be prepared to complete surveys and providing other post-arrival information they ask for
  • meet any of their other requirements.

Each state or territory government agency has its own process for nominating expressions of interest.

Some agencies contact people directly and others wait for people to contact them. You can find more information on their websites.


Who could get this visa

You might be eligible to apply for this visa if you were invited. When we sent your letter of invitation, you must also have:

  • nominated an occupation that is on the relevant skilled occupation list
  • obtained a suitable skills assessment for that occupation
  • not yet turned 50 years of age
  • achieved the score specified in your letter of invitation based on the factors in the points test
  • at least competent English
  • been nominated by an Australian state or territory government agency.



Health requirements

You must meet certain health requirements. The health examinations you need will depend on your personal circumstances, including your country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months. This applies to you and any dependent family members included in your application.

You are able to organise your health examinations upfront before lodging a visa application.


Character requirement

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age.

This applies to you and all the dependent family members listed in your application, whether they are migrating or not.


Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.


Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.
Who can be included in your visa application?

You can include the following people in your visa application:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements.
You can also add your partner and dependent children to your application at any time until your visa is decided.


Points Test

You must score at least 60 points against points test factors to be eligible to be invited to apply for this visa.

If you are invited to apply, you must achieve at least the score specified in your letter of invitation.


How points are awarded

Points are awarded on the basis of the factors listed in the following table. All factors are assessed as they are at the time you are invited to apply for this visa.

Skilled Migration Points Test

GMH LEGAL MIGRATION AGENTS – Skilled Migration Points Test

Age

You can receive up to 30 points based on the age you were on the day you were invited to apply.
You must have been younger than 50 years of age when you were invited to apply for this visa.


English language ability

You must be able to demonstrate that you have at least ‘competent’ English language ability at the time you are invited to apply. To do so, you must show that either:

  • you are a citizen of and hold a current passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or
  • you have scored at least 6 on each of the four components of speaking, reading, listening and writing in an International English Language Testing System (IELTS) test, or scored B on each of the four components of an Occupational English Test (OET).

No points are awarded for competent English. You can receive 10 points for ‘proficient’ English and 20 points for ‘superior’ English. You must provide evidence of:

  • Proficient English: a score of 7 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of B on each of the four components of an OET
  • Superior English: a score of 8 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of A on each of the four components of an OET.

The IELTS has an academic test and a general training test. You need only take the general training test unless your assessing authority tells you otherwise. You only need to provide the test report form (TRF) number that is on your IELTS certificate. Your IELTS or OET test results must be no older than three years immediately before the day on which you lodge your visa application.


Skilled Employment

You can receive up to 20 points for skilled employment.

To claim points for skilled employment you must have, in the 10 years before you were invited to apply, at least 20 hours of paid work per week in your nominated skilled occupation and/or a closely related occupation.

Skilled employment is where:

  • the relevant assessing authority provides an opinion in your suitable skills assessment that your employment is skilled (you must use the date that skilled employment commenced stated in your skills assessment)
  • your employment experience meets the standards for skilled employment set by the relevant assessing authority on their website.

If the relevant assessing authority standards for assessing skilled employment does not have publicly available standards, your employment experience must meet at least the minimum indicative skill level set by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This may apply to occupations which require registration as evidence of a suitable skills assessment.

Any periods of employment in a closely related occupation must be undertaken at the equivalent skill level of your nominated occupation. This means that any employment that you claim as ‘closely related’ to your nominated occupation should be:

  • in the same ANZSCO Unit Group. For example, the occupations of Management Accountant and Taxation Accountant are in the same group, or
  • consistent with a career advancement pathway. For example, Accountant to Chief Financial Officer, or
  • where the relevant assessing authority has determined that the employment is closely related to the nominated occupation.

‘Working for at least 20 hours a week’ means 20 hours paid work each week. You may also meet this requirement where your employment provides for variable hours of work that extend beyond a week such as some shift workers and fly in fly out workers.


Qualifications

You can receive up to 20 points based on your educational qualifications at the time you were invited to apply.

Points can be awarded for your highest tertiary qualification. For example, if you have completed a Bachelor degree and a Doctorate degree, you can receive points for the Doctorate degree.

The relevant assessing authority for your nominated occupation can usually determine whether your qualifications are of a standard that is comparable to a relevant Australian qualification.

If the relevant assessing authority that conducts your skills assessment cannot give you an opinion about your qualifications, contact Vocational Education Training and Assessment Services.


Doctorate Degree

To receive 20 points for a Doctorate you must have met the requirements for an award of doctorate by an Australian educational institution or the award of a Doctorate, by another educational institution, that is comparable to a Doctorate at Australian standards.

A Doctorate generally comprises more than 4 years of study, involving extensive research, coursework, exams and the writing of a thesis/dissertation.


Bachelor Degree

To receive 15 points for having at least a Bachelor degree, you must have met the requirements for an award of Bachelor degree by an Australian educational institution or your qualification must be considered as at least comparable to a Bachelor level at Australian standards.

For example a Diploma in Nursing completed in the United Kingdom is generally considered by the relevant assessing authority as comparable to an Australian Bachelor degree.

Note: To receive 15 points for a Masters degree, you must also have a Bachelor degree completed in Australia or overseas, or the Masters degree must be considered as at least comparable to Bachelor degree level at Australian standards.


Australian Diploma or Trade qualifications

You can receive 10 points for an Australian Diploma or Australian trade qualification.

You can receive 10 points for any other qualification or award which is recognised as suitable for your nominated occupation in your skills assessment by the relevant assessing authority.


Australian Study Requirement

You can receive five points if you have completed one or more degrees, diplomas or trade qualifications for award through a course or courses taken at an Australian educational institution.

Your course or courses must:

  • be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
  • have been completed in a total of at least 16 calendar months
  • have been completed as a result of at least two academic years of study
  • have given all instruction in English
  • have been completed while you were physically in Australia
  • have been completed while you held a visa authorising you to study in Australia.

A course can be counted only once towards the Australian study requirement. Any failed course subject cannot be counted.

As evidence that you completed the course or courses, you need to provide:

  • a certified copy of a completion letter from your educational institution, including
  • the dates the course began and ended
  • the date the course requirements were met
  • the location of the campus where you studied
  • certified copies of course transcripts.

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

This is a measure of the amount of study you have completed, rather than of how long it took you to do it. The study does not have to be full time.

You can take longer to complete course work, but you will be credited with the number of weeks that CRICOS determines as a standard duration. For example, if it takes you 92 weeks to complete a course that CRICOS says should take 78 weeks, you will receive credit for 78 weeks only.

If you are given credit for prior learning, you could be exempt from taking a relevant course. An exempted course cannot be counted towards the Australian study requirement. Credit cannot be counted on the basis of study done either overseas or within Australia in a non-CRICOS registered course.

The 92 weeks of study could contribute towards the award of one of more acceptable qualifications. In this instance, the courses of study need not have been done within a 24-month period. It is possible to have a break between completing the first course and beginning the second.


Credentialled community language

You can receive five points for having a credentialled community language when you are invited to apply. The language must be accredited by the National Accreditation Authority for Translators and Interpreters.

To receive points, you must provide evidence that the authority has accredited you as a translator or interpreter at the paraprofessional level or above.


Study in regional Australia

You can receive five points if each of the following applied:

  • you met the Australian Study requirement
  • if you have lived and studied in regional Australia or a low population-growth metropolitan area
  • none of the study undertaken constituted distance education.

Evidence that you have lived and studied in these areas can include:

  • documents that prove where you lived, such as rental agreements and gas, power and phone bills
  • documents that prove where you studied, such as your academic transcript or letters from educational institutions.

Partner skills

You can receive five points if, when you are invited to apply for this visa, your partner provides evidence that they:

  • were under 50 years of age
  • had at least competent English
  • had nominated an occupation on the same skilled occupation list as your nominated occupation
  • had been assessed by the relevant assessing authority as having suitable skills for the nominated occupation.



Professional year in Australia

You can receive five points for having completed a professional year in Australia in the four years before you were invited to apply.

Your professional year course must have been in your nominated skilled occupation or a closely related skilled occupation. The course must have lasted for at least 12 months.

Qualifying professional year courses are offered by:

  • Australian Computer Society
  • CPA Australia
  • Institute of Chartered Accountants of Australia
  • Institute of Public Accountants (formerly the National Institute of Accountants)
  • Engineers Australia.

This visa provides immediate permanent residency to the applicant and his or her immediate family.

SUBCLASS 489 REGIONAL SPONSORED

The Skilled-Regional (Provisional) visa (subclass 489) is for skilled workers and their families to live, work and study in specified regional areas in Australia for four years. This visa is designed to encourage migrants to live and work in regional areas of Australia where there are large skills shortages and significant numbers of job vacancies.

There are two pathways for this visa:

  • The Invited Pathway; and
  • The Extended Stay Pathway.

For family members who are included in your visa application (in either visa pathways), they must be a family member of someone who already holds this visa (subclass 489) or a provisional visa in subclass 475, 487, 495 or 496.

The visa requires sponsorship from an eligible relative living in a designated region of Australia or from a State or Territory Government. This visa is points tested with 60 points required to be eligible as well as satisfying the standard conditions. Points are awarded in the following categories:

  • Age
  • English Language
  • Australian and Overseas Work Experience
  • Australian Study
  • Qualifications
  • Community Language
  • Regional Australian Study
  • Spouse Skills
  • State or Family Sponsorship
  • Professional Year

This visa gives the applicant and his or her immediate family temporary residency and permanent residency once the conditions are satisfied.

Once the applicant has lived for two years and worked full-time for one year in a specified regional area of Australia permanent residency is available.


Invited Pathway

You might be eligible to apply for this visa if invited and you are either:

  • nominated by an Australian State or Territory government agency, or
  • sponsored by an eligible relative living in a Designated area of Australia.

When we sent your letter of invitation, you must also have:

  • been nominated by an Australian State or Territory government agency or sponsored by an eligible relative living in a designated area
  • nominated an occupation that is on the relevant skilled occupation list
  • a suitable skills assessment for that occupation,
  • not yet turned 50 years of age
  • achieved the score specified in your letter of invitation based on the factors in the points test
  • at least competent English.

Your invitation is based on the claims made in your expression of interest. Your application must achieve at least the score specified in your invitation to apply when assessed against the points test.


Extend Stay Pathway

You might be eligible to apply for the Extended Stay Pathway if you are the skilled worker who has held one of the following visas and complied with all visa conditions, for at least two years before applying for this visa:

  • provisional Skilled—Independent Regional visa (subclass 495)
  • provisional Skilled—Designated Area Sponsored Provisional visa (subclass 496)
  • provisional Skilled—Regional Sponsored visa (subclass 475)
  • provisional Skilled—Regional Sponsored visa (subclass 487).

You must have never held more than one of the above visas.


What this visa lets you do

This visa allows you and your family to:

  • stay in Australia for up to four years
  • live, work and study in a specified regional area of Australia
  • travel in and out of Australia while the visa is valid.

This visa provides a pathway to permanent residence through the Skilled-Regional (Residence) visa(subclass 887).


Nomination by state or territory government

State and Territory government agencies can view your expression of interest in SkillSelect and decide whether to nominate you for a visa. Each state or territory has a list of occupations that guides the types of skills they are looking for.

In your expression of interest, you can indicate your interest in just one State or Territory, or you can choose to be available to all States and Territories. If you accept a nomination, the States and

Territories might require you to:

  • live in the nominating State or Territory for at least two years
  • tell the State or Territory your address, both before and after you arrive in Australia
  • be prepared to complete surveys and provide information they ask for
  • meet any other requirements.

Each State or Territory government agency has its own process for nominating expressions of interest, some agencies contact people directly, and others wait for people to contact them.


Specified regional areas of Australia

If nominated for this visa by a State or Territory government agency, you are to live, work and study in an area that has been classified as a regional area. We can advise you of which areas have been classified as regional across Australia.


Who can be a sponsor

You can sponsor an eligible relative for this visa if:

  • you are at least 18 years of age
  • you live in a designated area of Australia
  • you are an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

The relative or the relative’s partner you want to sponsor must be your:

  • child or stepchild
  • parent or step-parent
  • brother, sister, adoptive brother, adoptive sister, stepbrother, step sister, niece, nephew, adoptive niece, adoptive nephew, step niece, step nephew, aunt, uncle, adoptive aunt, adoptive uncle
  • grandparent or first cousin.

As a sponsor, you are agreeing to support the applicant and help them settle in Australia.


Health requirements

You must meet certain health requirements. The health examinations you need will depend on your personal circumstances, including your country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months. This applies to you and any dependent family members included in your application.

You are able to organise your health examinations upfront before lodging a visa application.


Character requirement

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age.

This applies to you and all the dependent family members listed in your application, whether they are migrating or not.


Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.


Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.


Sign the Australian Values Statement

If you are 18 years of age or older, you must sign an Australian Values Statement to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form. You must have read, or had explained to you, the Life in Australia book before you sign the statement.


Including family in your application

You can include the following people in your visa application:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements.

You can add a dependent child to your application at any time until your visa is decided.

Your family can also apply for this visa separately if you already hold either:

  • this visa – the Skilled-Regional (Provisional) visa (subclass 489)
  • a provisional visa in subclass 475, 487, 495 or 496.



Points test

This visa is points tested with 60 points required to be eligible as well as satisfying the standard conditions. Points are awarded in the following categories:

  • Age
  • English Language
  • Australian and Overseas Work Experience
  • Australian Study
  • Qualifications
  • Community Language
  • Regional Australian Study
  • Spouse Skills
  • State or Family Sponsorship
  • Professional Year



How points are awarded

Points are awarded on the basis of the factors listed in the following table. All factors are assessed as they are at the time you are invited to apply for this visa.

Skilled Migration Points Test

GMH LEGAL MIGRATION AGENTS – Skilled Migration Points Test

Age

You can receive up to 30 points based on the age you were on the day you were invited to apply.
You must have been younger than 50 years of age when you were invited to apply for this visa.


English language ability

You must be able to demonstrate that you have at least ‘competent’ English language ability at the time you are invited to apply. To do so, you must show that either:

  • you are a citizen of and hold a current passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or
  • you have scored at least 6 on each of the four components of speaking, reading, listening and writing in an International English Language Testing System (IELTS) test, or scored B on each of the four components of an Occupational English Test (OET).

No points are awarded for competent English. You can receive 10 points for ‘proficient’ English and 20 points for ‘superior’ English. You must provide evidence of:

  • Proficient English: a score of 7 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of B on each of the four components of an OET
  • Superior English: a score of 8 on each of the four components of speaking, reading, listening and writing in an IELTS test, or a score of A on each of the four components of an OET.

The IELTS has an academic test and a general training test. You need only take the general training test unless your assessing authority tells you otherwise. You only need to provide the test report form (TRF) number that is on your IELTS certificate. Your IELTS or OET test results must be no older than three years immediately before the day on which you lodge your visa application.


Skilled Employment

You can receive up to 20 points for skilled employment.

To claim points for skilled employment you must have, in the 10 years before you were invited to apply, at least 20 hours of paid work per week in your nominated skilled occupation and/or a closely related occupation.

Skilled employment is where:

  • the relevant assessing authority provides an opinion in your suitable skills assessment that your employment is skilled (you must use the date that skilled employment commenced stated in your skills assessment)
  • your employment experience meets the standards for skilled employment set by the relevant assessing authority on their website.

If the relevant assessing authority standards for assessing skilled employment does not have publicly available standards, your employment experience must meet at least the minimum indicative skill level set by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This may apply to occupations which require registration as evidence of a suitable skills assessment.

Any periods of employment in a closely related occupation must be undertaken at the equivalent skill level of your nominated occupation. This means that any employment that you claim as ‘closely related’ to your nominated occupation should be:

  • in the same ANZSCO Unit Group. For example, the occupations of Management Accountant and Taxation Accountant are in the same group, or
  • consistent with a career advancement pathway. For example, Accountant to Chief Financial Officer, or
  • where the relevant assessing authority has determined that the employment is closely related to the nominated occupation.

‘Working for at least 20 hours a week’ means 20 hours paid work each week. You may also meet this requirement where your employment provides for variable hours of work that extend beyond a week such as some shift workers and fly in fly out workers.


Qualifications

You can receive up to 20 points based on your educational qualifications at the time you were invited to apply.

Points can be awarded for your highest tertiary qualification. For example, if you have completed a Bachelor degree and a Doctorate degree, you can receive points for the Doctorate degree.

The relevant assessing authority for your nominated occupation can usually determine whether your qualifications are of a standard that is comparable to a relevant Australian qualification.

If the relevant assessing authority that conducts your skills assessment cannot give you an opinion about your qualifications, contact Vocational Education Training and Assessment Services.


Doctorate Degree

To receive 20 points for a Doctorate you must have met the requirements for an award of doctorate by an Australian educational institution or the award of a Doctorate, by another educational institution, that is comparable to a Doctorate at Australian standards.

A Doctorate generally comprises more than 4 years of study, involving extensive research, coursework, exams and the writing of a thesis/dissertation.


Bachelor Degree

To receive 15 points for having at least a Bachelor degree, you must have met the requirements for an award of Bachelor degree by an Australian educational institution or your qualification must be considered as at least comparable to a Bachelor level at Australian standards.

For example a Diploma in Nursing completed in the United Kingdom is generally considered by the relevant assessing authority as comparable to an Australian Bachelor degree.

Note: To receive 15 points for a Masters degree, you must also have a Bachelor degree completed in Australia or overseas, or the Masters degree must be considered as at least comparable to Bachelor degree level at Australian standards.


Australian Diploma or Trade qualifications

You can receive 10 points for an Australian Diploma or Australian trade qualification.

You can receive 10 points for any other qualification or award which is recognised as suitable for your nominated occupation in your skills assessment by the relevant assessing authority.


Australian Study Requirement

You can receive five points if you have completed one or more degrees, diplomas or trade qualifications for award through a course or courses taken at an Australian educational institution.

Your course or courses must:

  • be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
  • have been completed in a total of at least 16 calendar months
  • have been completed as a result of at least two academic years of study
  • have given all instruction in English
  • have been completed while you were physically in Australia
  • have been completed while you held a visa authorising you to study in Australia.

A course can be counted only once towards the Australian study requirement. Any failed course subject cannot be counted.

As evidence that you completed the course or courses, you need to provide:

  • a certified copy of a completion letter from your educational institution, including
  • the dates the course began and ended
  • the date the course requirements were met
  • the location of the campus where you studied
  • certified copies of course transcripts.

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.
This is a measure of the amount of study you have completed, rather than of how long it took you to do it. The study does not have to be full time.

You can take longer to complete course work, but you will be credited with the number of weeks that CRICOS determines as a standard duration. For example, if it takes you 92 weeks to complete a course that CRICOS says should take 78 weeks, you will receive credit for 78 weeks only.

If you are given credit for prior learning, you could be exempt from taking a relevant course. An exempted course cannot be counted towards the Australian study requirement. Credit cannot be counted on the basis of study done either overseas or within Australia in a non-CRICOS registered course.

The 92 weeks of study could contribute towards the award of one of more acceptable qualifications. In this instance, the courses of study need not have been done within a 24-month period. It is possible to have a break between completing the first course and beginning the second.


Credentialled community language

You can receive five points for having a credentialled community language when you are invited to apply. The language must be accredited by the National Accreditation Authority for Translators and Interpreters.

To receive points, you must provide evidence that the authority has accredited you as a translator or interpreter at the paraprofessional level or above.


Study in regional Australia

You can receive five points if each of the following applied:

  • you met the Australian Study requirement
  • if you have lived and studied in regional Australia or a low population-growth metropolitan area
  • none of the study undertaken constituted distance education.

Evidence that you have lived and studied in these areas can include:

  • documents that prove where you lived, such as rental agreements and gas, power and phone bills
  • documents that prove where you studied, such as your academic transcript or letters from educational institutions.



Partner skills

You can receive five points if, when you are invited to apply for this visa, your partner provides evidence that they:

  • were under 50 years of age
  • had at least competent English
  • had nominated an occupation on the same skilled occupation list as your nominated occupation
  • had been assessed by the relevant assessing authority as having suitable skills for the nominated occupation.



Professional year in Australia

You can receive five points for having completed a professional year in Australia in the four years before you were invited to apply.

Your professional year course must have been in your nominated skilled occupation or a closely related skilled occupation. The course must have lasted for at least 12 months.

Qualifying professional year courses are offered by:

  • Australian Computer Society
  • CPA Australia
  • Institute of Chartered Accountants of Australia
  • Institute of Public Accountants (formerly the National Institute of Accountants)
  • Engineers Australia.



How long your visa lasts

Invited Pathway: Your visa is valid for four years from the date of grant.

Extended Stay Pathway: Your visa is valid for 4 years from the date you were granted the provisional visa in subclass 475, 487, 495 or 496.

If you applied for this visa as the family member of a holder of this visa (subclass 489) or a provisional visa in subclass 475, 487, 495 or 496, your visa is valid for the same period as the visa of that person.


What this visa lets you do

This visa allows you and your family to:

  • stay in Australia for up to four years
  • live, work and study in a specified regional area of Australia specified regional area of Australia
  • travel in and out of Australia while the visa is valid.
    This visa provides a pathway to permanent residence through the Skilled-Regional (Residence) visa(subclass 887).



Your obligations

You and your family must comply with all visa conditions and Australian laws.

If you were nominated for this visa by a State or Territory government

  • You must live, study and work in regional and low population-growth metropolitan area and comply with any residential conditions specified by the State or Territory government in your nomination.
  • If you later apply for a permanent residence Skilled-Regional visa (subclass 887), you will need to prove that you have spent the specified time in a regional and low population-growth metropolitan area.
  • If you were sponsored for this visa by a family member

  • You must live, study and work in a designated area. If you plan to apply for permanent residence Skilled-Regional visa (subclass 887), you will need to prove that you have spent the specified time in a designated area.



Report changes in circumstances

Tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth or death in your family.

MARA CODE OF CONDUCT

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents. It prescribes our obligations towards our clients.

Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

You can read the Code of Conduct for registered migration agents by clicking on this link: Code of Conduct.

Call the experienced team at GMH Legal to assist you in your matter. A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.

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