General Skilled Migration Australia - Visa classes 189, 190, 491/191

SkillSelect is an online service for skilled workers that helps Australia manage its skilled migration program and address skill shortages. The program uses a points-tested system to invite applicants with a valid skills assessment to lodge an Expression of interest (EOI) via an online database to record factors such as their age, work experience, qualifications, English (via a test) and relationship status.

Depending on your nominated occupation, your visa options include applying independently (subclass 189) or being nominated by a state or territory government (subclasses 190 & 491or sponsored by a close relative living in a designated area of Australia (subclass 491).

If you apply for a General Skilled Migration visa you will need to pass the points test. The points test is used to help Australia select people who have recognised skills. In the UK, most applicants will generate points for their age, English (via a test), qualifications, work experience, nomination by a state/territory government or sponsorship from a close relative residing in a designated area of Australia. Points can also be awarded for a Professional year, Australian study, Credentialed community language, studying and living in regional Australia and partner skills. Although a minimum of 65 points are needed to meet the minimum threshold criteria, some occupations require a higher number points. 

An expression of Interest (EOI) is an online form in SkillSelect which enables you to record specific information about your circumstances. This information has the potential to lead to an invitation to lodge a skilled application but is also be made available to state and territory governments and employers which may result in a nomination being lodged on your behalf. An invitation is issued through SkillSelect which allows migrants to apply for a General Skilled Migration visa for Australia. 

An occupation ceiling is a limit on the number of invitations that can be issued through SkillSelect each program year which runs from 01 July until 30 June. When an occupational ceiling is reached, no more invitations will be issued during the program year so as to ensure that the migration program is not dominated by a small number of occupations. Occupational ceilings do not apply to state or territory nominated applications.

Additionally, where high numbers of EOI's are received for certain occupations, invitations will be issued on a pro-rata basis and applicants will have to score a higher number of points in order to receive an invitation. 

Designated areas of Australia are defined by postcode and include the entire states of Western Australia, South Australia, Victoria, Tasmania, New South Wales (except Sydney, Newcastle and Wollongong) Queensland (  anywhere outside the Brisbane metropolitan area) and the Australian Capital Territory and Northern Territory. If your nominated occupation is on the Skilled Occupations List you can be sponsored by a close relative under the Skilled Regional (provisional) visa (subclass 489). The visa is valid for a period of 4 years but after 2 years you can apply for a permanent visa (subclass 887) providing you have lived for 2 years and worked full-time for 1 year in a designated area of Australia.

Regional and low population-growth metropolitan areas are also defined by postcode and include the entire states of South Australia and Tasmania plus the Northern Territory, Western Australia (except Perth and the surrounding areas), Victoria (except Melbourne), Queensland (except the greater Brisbane area and the Gold Coast), New South Wales (except Sydney, Newcastle, the Central Coast and Wollongong), Applicants must be nominated by a state or territory government under visa subclass 489 and agree to live and work in the region for a period of 2 years. The visa is valid for a period of 4 years but after 2 years you can apply for a permanent visa (subclass 887) providing you have lived for 2 years and worked full-time for 1 year in the regional or low growth area of Australia.

If you have a passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland you are regarded as having Vocational or Competent English and therefore you will not be required to present evidence of your English language skills. You will, however, need to sit an English language test if your circumstances dictate that you need to claim points for this factor or if your nominated occupation requires a certain level of English. The tests are designed to assess your English language ability which include Reading, Writing, Listening and speaking and you can claim 10 points for being  Proficient in English and 20 points for having Superior English. Applicants are encouraged to sit an English test regardless as to whether English is their first language to improve their overall points score and chances of receiving an invitation under SkillSelect.

This will depend on your nominated occupation and which assessing authority is responsible for assessing your skills. Most professional occupations require an education level of a degree or higher diploma with a combination of relevant work experience. Specific occupations such as Teachers, Nurses and Engineers require relevant qualifications whereas  senior managers and IT professionals can be assessed on the basis of work experience or accountants if they are a member of a recognised accounting body. Trades-persons assessed by Vetassess can be considered with a combination of informal training and work experience or work experience only but Trades Recognition Australia require formal training plus 3 years post qualification work experience.    

The decision to engage a migration agent is a personal choice which will depend on the complexity of your visa application and whether you are confident that you have fully understood all the rules and regulations which will be applied to your case.

If you do need assistance with the visa process, the Department of Home Affairs strongly recommend that you appoint an agent who is registered with the Migration Agents Registration Authority (MARA). A registered migration agent must satisfy a strict code of conduct and:

• maintain current knowledge of migration law and procedure
• keep a professional library with direct access to migration regulations via Legend
• undertake continuous professional development in order to maintain knowledge of migration regulations and policy

An agent who is not registered with MARA cannot offer you any legal protection and is not accountable for his/her actions and therefore might:

• make false claims about your chances of success
• give you incorrect advice
• have limited knowledge about current Australian visa legislation and procedures
• increase your risk of being exposed to migration fraud
• charge fees which are unreasonable and excessive.

If your nominated occupation features on the MLTSSL you can lodge an application under visa sub classes 189 (Skilled Independent), 190 (Skilled Nominated with the support of a state or territory government) or subclass 491 (Skilled Work Regional (Provisional) with either nomination by a state or territory government or sponsorship from a close relative settled in a designated area of Australia).

If your occupation only feature on the STSOL you must be nominated by a state or territory government or by an employer. You will not be able to apply for a Skilled Independent (subclass 189) visa and you cannot be sponsored by a close relative.

ANZSCO is the Australian and New Zealand Classification of Occupations. All skilled occupations have been given an ANZSCO code to help with the assessment process. Each occupation outlines the main tasks performed in your nominated occupation and includes specialisations and whether licensing or registration may be required in Australia.

The state and territory governments have created their own skills in demand lists and operate within planning levels agreed by the Minister. Although being nominated is a reasonable guide to your occupation being in demand, a state or territory government cannot guarantee employment, particularly as sometime will elapse from being nominated to you arriving in Australia which may see a shift in employment opportunities.

It is important to take responsibility for keeping up-to-date with employment trends. You can do this by regularly viewing Australian newspapers or by contacting recruitment agencies specialising in your field of employment. Once you have been granted your visa and you have booked flights, you may find an approach to an Australian employer more receptive. Concept Australia also recommends that you prepare a CV for presentation to an employer in Australia.

You can claim work experience (up to a maximum of 20 points) for both overseas and Australian work experience in the past 10 years but you cannot combine the two together. For example, if you completed two and a half years overseas work experience and then travelled to Australia on  a working holiday and was employed for six months you could not claim 5 points for evidencing a total of 3 years work experience. You would either need to have completed 3 years overseas work experience or 1 years work experience in Australia in order to claim the 5 points.

It is also important to remember that any work experience claimed whilst you were in Australia must be lawful and in accordance with any conditions endorsed on your visa grant notice. This generally means a maximum of 6 months with an employer in one location.

When claiming points for work experience you must present statements of service backed up by secondary evidence such as payslips or tax records.