Author Archives: Peng Cheng

 

The Subclass 187 RSMS visa is a permanent residency visa that requires the sponsorship of a nominating employer for a role that is located in ‘regional Australia’.

The main difference between a 187 RSMS visa and a 186 Employer Nominated Scheme visa is that for a 187 visa, you need to be nominated by your employer to work in their business which is located in a part of regional Australia. Regional Australia is defined by postcode. Your nominated role must be performed in one of these eligible areas.

While only certain postcodes are eligible for RSMS in New South Wales (NSW), Victoria and Queensland, the entire states of Western Australia, South Australia, Tasmania, the Australian Capital Territory (ACT) and Northern Territory are deemed to be regional and eligible for RSMS. This means that you may be able to apply under RSMS even if you are  nominated to work for an employer in metropolitan Perth, Adelaide, Hobart, Canberra or Darwin.

There are two separate pathways or streams for the 187 visa. You can satisfy the requirements of either stream before applying for the 187 visa. The streams are called the Direct Entry stream, and the Temporary Residence Transition stream.

 

Main eligibility requirements for 187 visa

 

In order to obtain a 187 visa, the visa applicant and the employer will need to satisfy a number of requirements, including the following key requirements:

  • The visa applicant needs to perform the nominated role at the employer’s business premises which is located in a regional area. Regional areas which are eligible are defined by postcode. While only certain postcodes are eligible for RSMS in New South Wales (NSW), Victoria and Queensland, the entire states of Western Australia, South Australia, Tasmania, the Australian Capital Territory (ACT) and Northern Territory are deemed to be eligible
  • If the visa applicant is applying under the Temporary Residence Transition stream, then the applicant needs to complete 2 years of full-time work as a 457 visa holder
  • If the visa applicant is applying under the Direct Entry stream, then the role that the visa applicant is nominated to perform needs to align with an eligible ANZSCO occupation which are all ANZSCO occupations that specify a Skill Level of 1, 2 or 3
  • If the visa applicant is applying under the Direct Entry stream, then the employer will need to lodge an application to the relevant Regional Certifying Body to demonstrate that there is a genuine need for the visa applicant and that the position cannot be filled by an Australian citizen or permanent resident who is living in that area. This generally means that the employer will need to advertise the nominated role in the local newspaper and/or online for a period of 2-4 weeks
  • Visa applicant must satisfy the English requirement for this visa, or one of the available exemptions
  • Visa applicant’s salary must be consistent with the ‘Australian market rate’ for the nominated role

Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 187 visa. The above does outline the key requirements.

 

Professional assistance with applications

 

Our total fee for assisting with Subclass 187 visa and nomination applications, and if required, an application with the relevant Regional Certifying Body is $4,000 (incl GST). We guarantee the following when engaged to assist with an employer sponsored visa (457, 186 or 187)*:

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Commitment that you make as a Subclass 187 visa applicant

 

In the visa application form, as the applicant, you are required to declare that you:

  • Agree to work in the nominated position for at least two years
  • Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the 187 visa is approved.

What are the consequences if you end your employment before completing 2 years following the approval of your visa? Have a read of this post which explains the potential consequences.

 

Temporary Residence Transition (TRT) stream

 

To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa. Employment with a different 457 visa sponsor cannot be counted towards the two years. You need to have been working in the role that you will be sponsored for under the Subclass 187 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave).

 

English language requirement – TRT stream

 

You need to have ‘vocational’ English language ability which is satisfied if any of the following applies to you:

  • You have obtained a score of at least 5 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  • You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum), or
  • If you have completed at least 5 years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English

 

Direct Entry (DE) stream

 

To apply under the DE stream, the following needs to be satisfied:

  • The tasks required (and accordingly the nominated position) corresponds to an occupation at an ANZSCO skill level of 1, 2 or 3. These skill levels generally correspond to occupations which are managerial, professional, or trade based.
  • There is a genuine need for the nominator to employ this employee and that the position cannot be filled by an Australian citizen or permanent resident who is living in that area. Applicants need to show, amongst other criterion, that the position is required and genuine given the nature of the employer’s business, the business’ size and operations, whether the business is expanding or diversifying their activities and whether there is a vacancy in the business. Some Regional Certifying Bodies require evidence of advertisement and responses to them from job applicants to demonstrate that the position had been advertised locally and that no suitable candidate was found.
  • The relevant Regional Certifying Body (RCB) has approved the relevant 187 nomination application.

 

Regional Certifying Bodies (“RCB”)

 

A RCB is required to provide advice to the Department in relation to whether the above criteria have been satisfied, that is, the position is genuine given the nature of the business and the position could not be filled by an Australian permanent resident or citizen. They basically conduct their own assessment using similar evidence as that provided for the 187 nomination application, and any additional supporting evidence as specified by the relevant RCB.

RCB application and approval is only required for the 187 DE stream. It is not required for the TRT stream.

Each region has its own RCB and you need to choose the appropriate RCB to conduct this assessment based on your employer’s location (a list of RCBs can be found here). It is also important to note that most RCB charge a fee for this service.

 

Skill Assessment

 

A skill assessment for your nominated occupation is generally not required unless your nominated occupation is one of these listed trade occupations. If your nominated occupation is one of these listed trade occupations, then you need a positive skill assessment or you need to have a relevant Australian qualification that satisfies that ANZSCO requirement (including 2 years of on-the-job training or work experience as explained below).

 

Two years of on-the-job training or work experience

 

It is important to note that under the Department’s policy guidelines, even if you have a relevant Certificate IV, you may be required to have the additional 2 years of on the job training if the units of the Certificate IV program are essentially the same units as the Certificate III program.

For example, for the ANZSCO of Cook 351411, the qualification requirement for this occupation is:

AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV

If you completed a relevant Certificate IV course, such as Commercial Cookery or Asian Cookery, 

Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if:

  • higher level Certificate IV and Diploma qualifications essentially consist of Certificate III units and
  • these higher level courses do not provide for 2 years of on-the job training that should have been part of these Certificate III course units

such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of two years of on-the-job training. These higher Certificate IV and Diploma qualifications must also include two years of relevant on-the-job training. In the absence of such training as part of the course, you are required to demonstrate two years of relevant post-qualifications experience which can substitute for the required training.

 

English language requirement – DE Stream

 

The English language requirements for the Direct Entry and Temporary Residence Transition streams are different.

You need to have ‘competent’ English language ability which is satisfied if:

  • You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  • You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum)

 

Common eligibility requirements

 

Irrespective of whether you are applying under the Direct Entry or Temporary Residence Transition stream, you need to satisfy these common requirements:

  • You can apply for this visa if you hold a substantive visa, or a bridging visa A, B or C. If you hold a bridging visa, you won’t need to address Schedule 3
  • Age requirement
  • Equivalent terms and conditions of employment
  • If it is compulsory for you to obtain registration or licencing for you to practice in your nominated occupation, then you need to obtain this at the time of your application

 

Age requirement

 

You need to be under 50 years of age at the time that you lodge your application. There are only a few allowed exceptions to this requirement for those applicants that are 50 years of age or over which are outlined below:

  • Ministers of religion nominated by a religious institution
  • Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 who have been nominated by an Australian government agency
  • Senior academics employed by a university in Australia
  • And for Temporary Residence Transition stream only: Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold (as of 1 July 2013, this amount is $129,300) for each of these 4 years

 

Equivalent terms and conditions of employment

 

  • Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment for an equivalent Australian citizen or permanent resident (known as the ‘market rate’ requirement). Your employer can show this by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role under the Subclass 187 visa application (other evidence of the Australian’s salary may be acceptable such copies of payslips or payment summaries).
  • If there is no much equivalent Australian, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your guaranteed annual salary is at least equal to the market rate (e.g. provide salary survey data for your industry and role).

 

The application process

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You can only lodge an application using the Department’s online portal.

You can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.

You can lodge your visa application while you are inside or outside of Australia (but you won’t be granted a Bridging Visa A that is associated with your Subclass 186 visa application if you are outside of Australia at the time of lodgement).

After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.

In my experience with NSW applications, normal processing time is 3-8 months.

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Dependents who are over 18 – Functional English language ability

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This applies for both the DE and TRT streams.

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

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How much does this visa cost?

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The below is just a list of the relevant government lodgement fees:

  • 186 nomination application: $540
  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

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Secondary visa application charge (SVAC)

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This needs to be paid if anyone in your application who does not satisfy the English language requirement that applies to them. However, as the primary applicant, you need to meet the English language requirement. If you do not meet the English language requirement – then one of the exemptions outlined above must apply to you. If one of the exemptions apply to you as the primary applicant, then you need to pay the SVAC if you also do not have ‘functional’ English language ability.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required.

As the primary applicant, if you don’t have functional English language ability, then the SVAC is $8,520. For other adult dependents that can’t demonstrate functional English, the SVAC is $4,520.

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Frequently asked questions

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  1. Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
    A: No
  2. Q: For the TRT stream, can I count work completed with a different employer?
    A: No
  3. Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
    A: No – you must satisfy the 2 year requirement at the time of application

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How we can help

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Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

* Subject to completion of assessment, and confirmation that we can assist with the application.

 

We are looking for applicants who may be eligible for Australia’s investment or business development based Subclass 188 visa.

If you fit any of the following profiles, then we encourage you to contact us to discuss how we can help you obtain Australian permanent residency.

 

The investor

 

You (and your partner if applicable) have significant wealth (net assets of at least AUD $2.25 million), and you are looking to apply for an investment based visa:

  • Age – 33 to 54 years of age
  • Net value of your assets – you (and your partner if applicable) have net personal and business assets which in total are worth at least AUD $2.25 million. You have held net assets of such value for at least the last 2 years
  • Business owner and management experience – ownership interest of at least 10% in a business, and demonstrate direct involvement in managing that business for at least 3 years OR Investment management experience – direct involvement in managing eligible investments, where the total net value of the eligible investments is at least AUD $1.5 million
  • Eligible investments in Australia – you must be willing to make at least AUD $1.5 million in eligible investments

You will note that you may be able to apply even if you do not have any English language ability, and you may not need to complete an IELTS examination for the purposes of the application.

Having any of the following can help you meet the relevant eligibility requirements:

  • Annual turnover of your business is at least AUD $500,000
  • Bachelor level degree qualification, particularly if you majored in in business, science or technology
  • IELTS examination result of at least 5 in each band

 

The significant investor

 

You (and your partner if applicable) have significant wealth (net assets of at least AUD $5 million), and you are looking to apply for an investment based visa:

  • Age – there are no restrictions on the age of the applicant
  • English language ability – there are no specific requirements in relation to the English language ability of the applicant
  • Net value of your assets – you (and your partner if applicable) have net personal and business assets which in total are worth at least AUD $5 million
  • Eligible investments in Australia – you must be willing to make at least AUD $5 million in eligible investments
  • Demonstrate high levels of lawful income – which is generally demonstrated through tax records issued by the relevant government authority. Depending on the country and the applicant’s personal circumstances, these tax records can relate to the applicant as an individual, or they could relate to a company or business that is owned, operated and/or managed by the applicant

We encourage you to contact us for a free consultation.

 

How we can help

 

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

One very common question that we get from 457 visa holders is – what should I be paid? I can’t tell you the exact amount that you should be paid. However, I can outline how you can determine the salary amount that you should be paid under migration legislation.

This article outlines the obligations that are imposed on sponsors / employers under Australian migration law in terms of salary payment for 457 visa holders. Hence, if your employer is not paying you this salary, they are in breach of migration law and the obligations that are imposed on employers / sponsors.

Before you ask what you exact salary should be, please note: this post pretty much explains that I can’t tell you what your exact salary should be. However, you should be able to work it out yourself by researching what your ‘equivalent terms and conditions of employment’ should be.

 

Professional assistance with applications

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Our total fee for assisting with a Standard Business Sponsorship application is $2,000 (incl GST). Our total fee for assisting with Subclass 457 visa and nomination applications is $2,500 (incl GST). We guarantee the following when engaged to assist with an employer sponsored visa (457, 186 or 187)*:

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Equivalent terms and conditions - ‘Market Rate’ requirement

 

Your employer needs to demonstrate that your terms and conditions of employment are no less favourable than the terms and conditions which an ’equivalent Australian’ employee is or would be receiving. This includes showing that your ‘Guaranteed Annual Earnings’ (“GAE”) are at least equal to the Australian market salary rate for your role.

The sponsor must pay you the GAE that is specified in the nomination application or the ‘market salary rate’ as it varies over time, whichever is greater. This means that your sponsoring employer is obligated to periodically review your salary and increase it as the Australian market rate for your role increases.

Also, for an occupation to be sponsorable under a 457 visa, the Australian market rate for the role must be equal to or above the Temporary Skilled Migration Income Threshold (see below further explanation).

The nominating employer does not need to show that the ‘market rate’ requirement is met if the applicant’s GAE is $250,000 or greater. This is an exemption to this requirement.

 

What can be included in ‘Guaranteed Annual Earnings’

 

Guaranteed Annual Earnings (GAE) can only include the following types of payments and allowances:

  1. Your base wage
  2. Any payments which are applied or dealt with on your behalf or at your direction (e.g. your accommodation or housing allowance which your employer covers and pays directly to the landlord)
  3. The agreed monetary value of non-monetary benefits (e.g. health insurance, car, mobile phone and laptop etc.). This is just the agreed monetary value as agreed between yourself and your employer

The following cannot be counted towards GAE:

  1. Any payments or allowances which cannot be determined in advance such as commissions, incentive-based payments and bonuses, and overtime (unless the overtime is guaranteed)
  2. Reimbursements
  3. Compulsory superannuation contributions. Guaranteed contributions to superannuation that exceeds the contribution that is required under legislation can be counted towards GAE

 

Demonstrating the Australian ‘market salary rate’

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’. This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.

Because the Department needs to compare ‘apples with apples’, there may be components of the equivalent Australian’s salary which need to be excluded. Since your employer can’t count bonuses, compulsory superannuation and payments which can’t be determined in advance in calculating your GAE, these types of payments can also be excluded from the equivalent Australian’s salary. Once your employer has excluded these types of payments, it can determine the minimum GAE that you must be paid.

Beyond looking at just the salary, the Department will also compare the equivalent Australian’s terms and conditions of employment and assess whether your terms and conditions are at least as favourable. This includes looking at various aspects of the employment contract such as the number of hours of work required, leave entitlements etc.

 

Relevant industrial award

 

Your nominated occupation may be governed by a relevant industrial award which will specify the salary that you should be paid. For example, a registered nurse working in Victoria will have his or her terms and conditions of employment governed by the Nurses Award 2010, including the salary that he or she should be paid.

You can be paid a salary that is higher than the level specified in the relevant award.

 

No equivalent Australian working

 

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your GAE is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

 

Finding appropriate market data for your role/industry

 

This is really just a matter of completing research. So here some of the resources that I use for finding market data:

The market data usually provides you with a range for the Australian market salary rate for a particular role (e.g. $70,000 to $85,000 per annum). If your GAE falls within this range, or is above it, then the market rate requirement is generally met.

You can also rely on job advertisements for similar roles in order to demonstrate the Australian market salary rate for the nominated role, as long as the advertisement relates to a role that is in the same location as the nominated role. You can use online advertising such as Seek, or local advertising such as newspaper advertisements.

 

What if your GAE is below the ‘market rate’?

 

Simply put, the nomination application may be refused if the equivalent terms and conditions of employment requirement is not satisfied. The case officer may contact your employer and let them know that this requirement is not met and ask them whether they would like to withdraw the application (or they may just refuse the application).

The Department may approve a nomination application where the applicant’s GAE is below the market rate. I have seen this happen when the difference between the applicant’s GAE and the market rate is relatively small.

Such nomination applications are always more risky because you are not satisfying one of the eligibility requirements. The employer can provide a statement which explains the short-fall between the applicant’s GAE and the market rate. The explanation can draw on things such as the applicant’s experience level, qualifications and/or skill set etc. But there is a very real possibility (and I would say likely possibility)  that the Department will refuse such an application.

 

Temporary Skilled Migration Income Threshold

 

The Temporary Skilled Migration Income Threshold (‘TSMIT’) only applies to 457 visas. This threshold is set to ensure that all 457 visa holders have sufficient income to support themselves.

In order for your nominated role to be sponsorable under a 457 visa, your sponsoring employer needs to show that the Australian market rate for your role is at least equal to TSMIT (which is currently AUD $53,900 per annum). You will note that with this eligibility requirement (which is addressed as part of the 457 nomination application that your sponsoring employer prepares and lodges), the case officer is comparing the Australian market salary rate for the nominated occupation, not your actual salary, against TSMIT. If the market rate for the nominated role is below TSMIT, then the position itself is not sponsorable under a 457 visa.

Consequently, even if your (proposed) guaranteed annual salary is above the market rate and TSMIT, if the market rate itself is below TSMIT, then the position is not sponsorableThe 457 nomination application will be refused.

The Department generally increases TSMIT every year in accordance with inflation.

 

How we can help

 

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

* Subject to completion of assessment, and confirmation that we can assist with the application.

 

The Subclass 190 State Sponsored visa is a permanent residency visa which can be sponsored by the Victorian state government. The 489 visa temporary visa that is valid for 4 years and can provide a pathway to permanent residence through the 887 visa.

 

Outline of eligibility requirements – 489 & 190 visas

 

In order to obtain a 190 or 489 visa, the visa applicant will need to satisfy a number of requirements, including the following key requirements:

  • You satisfy the requirements specified for Victorian state sponsorship
  • Have a positive skill assessment for an occupation that is on the Victorian state sponsorship list
  • Meet the English language requirement
  • You are entitled to at least 60 points which is the minimum points requirement for submitting your Expression of Interest and potentially receiving an invitation
  • Be less than 50 years of age when the invitation is issued
  • If you are currently living in another Australian state, then you need a current job offer in your nominated occupation

 

Professional assistance with applications

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Our total fee for assisting with Subclass 489 or 190 visa application is $4,000. This includes assistance with the skill assessment and state sponsorship applications. We guarantee the following when engaged to assist with a Subclass 489 or 190 visa application :

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Eligible occupations for VIC state sponsorship

 

You must obtain a positive skill assessment for an occupation that is on the Victorian state sponsorship listFor the ANZSCO occupation that you are interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

 

English language requirement

 

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component. The Department  will accept either Academic or General IELTS examination result.

Please note the following:

  • For certain occupations on the Victorian state sponsorship list, the applicant needs to satisfy a higher IELTS examination requirement than the minimum score of 6.0 for each test component which is required visa. For example, an applicant applying for the occupation of ICT Business Analyst in the non-graduates list will need to achieve IELTS examination result of at least 7.0 in each band. Applicants who are currently working in their nominated occupation in Victoria and have been for at least six months, may be exempt from meeting higher English language requirements and should apply for nomination
  • If you hold a passport of the US, UK, Canada, Republic of Ireland or New Zealand, then you are deemed to satisfy the English requirement. This exemption only applies to the occupations that specify an English language requirement of 6.0 for each component in IELTS examination. Hence, if obtaining Victorian state sponsorship for your occupation requires a higher IELTS requirement then 6.0 in each band, then you cannot rely on your citizenship as an exemption to the English requirement. You will need to complete an IELTS examination and achieve the required results

.

Applicants currently living in another Australian state & Job offer

 

You will be required to provide a current job offer in your nominated occupation to support your visa nomination application if:

If required, you must provide evidence of a current Victorian job offer in your nominated occupation and a Confirmation of Employment form to support your nomination application.

To provide evidence of your job offer, you should provide a contract or letter of offer from your employer which includes your employer’s Australian Business Number (ABN) and contact details.  The employment must be in your nominated occupation for permanent (not casual) work, for at least 20 hours per week, and for at least six continuous months.

 

Work experience

 

The work experience criteria requires the applicant to have a certain number of years of work experience in the nominated occupation, accumulated after the completion of the applicant’s relevant qualification. For example, for a ICT Business Analyst, you need to have a minimum of 5 years of relevant work experience that aligns with the ANZSCO of ICT Business Analyst.

Your experience will only count if you worked at least 20 hours per week. The work must be paid – it cannot be voluntary work.

 

Educational qualifications

.

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

.

Australian study requirements

.

This means you have been awarded one or more degrees, diplomas or trade qualifications 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 successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • 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 had 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
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

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.

.

Age requirement

.

You need to be under 50 years of age at the time that you are invited to apply for the visa.

.

Dependents who are over 18 – Functional English language ability

.

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

.

How much does this visa cost?

.

The below is just a list of the relevant government lodgement fees:

  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

.

Secondary visa application charge (SVAC)

.

This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.

 

How we can help

.

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

The Subclass 190 State Sponsored visa is a permanent residency visa which can be sponsored by the South Australian state government. The 489 visa temporary visa that is valid for 4 years and can provide a pathway to permanent residence through the 887 visa.

 

Outline of eligibility requirements – 489 & 190 visas

.

In order to obtain a 190 or 489 visa, the visa applicant will need to satisfy a number of requirements, including the following key requirements:

  • You satisfy the requirements specified for South Australian state sponsorship
  • Have a positive skill assessment for an occupation that is on the South Australian state sponsorship list
  • Meet the English language requirement
  • You are entitled to at least 60 points which is the minimum points requirement for submitting your Expression of Interest and potentially receiving an invitation
  • Be less than 50 years of age when the invitation is issued

 

Professional assistance with applications

.

Our total fee for assisting with Subclass 489 or 190 visa application is $4,000. This includes assistance with the skill assessment and state sponsorship applications. We guarantee the following when engaged to assist with a Subclass 489 or 190 visa application :

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

.

Eligible occupations for SA state sponsorship

.

You must obtain a positive skill assessment for an occupation that is on the South Australian state sponsorship listFor the ANZSCO occupation that you are interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

 

English language requirement

.

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component. The Department  will accept either Academic or General IELTS examination result.

However, please note the following:

  • For certain occupations on the South Australian state sponsorship list, the applicant needs to satisfy a higher IELTS examination requirement than the minimum score of 6.0 for each test component which is required visaFor example, an applicant applying for the occupation of ICT Business Analyst in the non-graduates list will need to achieve IELTS examination result of at least 6.5 in each band
  • If you hold a passport of the US, UK, Canada, Republic of Ireland or New Zealand, then you are deemed to satisfy the English requirement. This exemption only applies to the occupations that specify an English language requirement of 6.0 for each component in IELTS examination. Hence, if obtaining Victorian state sponsorship for your occupation requires a higher IELTS requirement then 6.0 in each band, then you cannot rely on your citizenship as an exemption to the English requirement. You will need to complete an IELTS examination and achieve the required results

 

Work experience

 

The general requirement is one year of skilled work experience in the past three years. However, certain exceptions may apply (clause 7.1).

This skilled work experience is defined as at least 20 hours per week of paid employment in a skilled occupation. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL).

This paid skilled work experience is assessed as being after successful completion of your qualification(s).

Any applicant (offshore or onshore) relying on Australian work experience to meet the minimum work experience requirement will not be eligible to apply unless at least 50% of this has been achieved in South Australia OR the applicant has met the minimum work experience requirement and is currently working in a skilled occupation in South Australia (and has been employed in that position in South Australia for a minimum of three months).

For certain occupations, additional work experience is required. For example, for the ANZSCO of Petroleum Engineer, 3 years work experience of relevant experience is required. You need to satisfy this requirement, and Clause 7.1.

 

Special Conditions Apply

 

The Special Conditions Apply policy acknowledges the commitment made by qualified skilled graduates who reside and work in SA. Applicants must have a positive Skills Assessment in their nominated occupation and field of study in South Australia. If any of the applicant’s studies were undertaken outside of South Australia, a minimum of 50% of their qualification must have been completed in South Australia.

South Australian international graduates must meet all state nomination requirements, as well as requirements 6.1 and either 6.2 or 6.3 depending on the qualification completed.

 

Educational qualifications

.

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

.

Australian study requirements

.

This means you have been awarded one or more degrees, diplomas or trade qualifications 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 successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • 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 had 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
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

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.

.

Age requirement

.

You need to be under 50 years of age at the time that you are invited to apply for the visa.

.

Dependents who are over 18 – Functional English language ability

.

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

.

How much does this visa cost?

.

The below is just a list of the relevant government lodgement fees:

  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

.

Secondary visa application charge (SVAC)

.

This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.

.

How we can help

.

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

The Subclass 190 State Sponsored visa is a permanent residency visa which can be sponsored by the NSW state government. The 489 visa temporary visa that is valid for 4 years and can provide a pathway to permanent residence through the 887 visa.

Applications for NSW state sponsorship for the 190 visa will be open for four intakes this financial year with a maximum of 1000 applications per intake:

.

Occupation List updated
Applications open

Applications close (4-6 weeks after opening or when 1000 application limit is reached)*
14 July 14 July 11 – 25 August
1 October 14 October 11 – 25 November
7 January 19 January 16 February – 2 March
1 April 14 April 12 – 26 May

 

NSW state sponsorship eligibility requirements

 

  • Positive skill assessment for a sponsored occupation – You must obtain a positive skill assessment for an occupation on the NSW’s skilled migration occupation list
  • At least competent English language ability
  • Under 50 years of age
  • Be entitled to at least 60 points, including points awarded for state sponsorship
  • Satisfy the relevant 190 visa requirements

You need to satisfy the above requirements before you submit your application for NSW state sponsorship.

If you are not sure about which skills assessment body is applicable for your occupation, find the occupation on the Consolidated Sponsored Occupation List. This list states the relevant skills assessment body for each sponsorable occupation.

 

Professional assistance with applications

.

Our total fee for assisting with Subclass 489 or 190 visa application is $4,000. This includes assistance with the skill assessment and state sponsorship applications. We guarantee the following when engaged to assist with a Subclass 489 or 190 visa application :

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Frequently asked questions about NSW state sponsorship 

 

We have extracted the following key points from the FAQ document which relates to NSW state sponsorship:

  • Can I provide new/more evidence to support my application once I have submitted my application? It is very important that you meet all requirements when you apply for NSW nomination and that you provide all supporting documents when you apply. If there are exceptional circumstances that prevented you from submitting supporting evidence with your application, send an email to bizmigration.enquiries@business.nsw.gov.au with the updated evidence.
  • How will I know if my application is counted in the intake of 1000 applications? The online application will not allow you to submit an application if the intake is full. Applications will be open for four intakes per year with a maximum of 1000 applications per intake. Applications close (4-6 weeks after opening or when 1000 application limit is reached).
  • How many points do I need to be eligible for NSW nomination? One of the mandatory requirements for the subclass 190 visa is that you must score at least 60 points against the DIBP skilled migration points test. You will receive 5 points if NSW agrees to nominate you. You will meet the points requirement if the total of your points score (including the 5 points for NSW nomination) equals 60 points.
  • My occupation is not on the NSW Skilled Occupation List – am I eligible to apply? No, NSW will only nominate occupations on the NSW Skilled Occupation List.
  • What documents do I need to provide? Please refer to the Document Checklist at the top of the online application form and note that you only need to supply documents for points you are claiming. All mandatory evidence should be high quality colour scanned documents.
  • I am an ICT professional. If I am claiming points for skilled employment, do I need an ACS skills assessment which states my ‘skilled date’? Yes, NSW requires that all ICT professionals claiming skilled employment points must have an Australian Computer Society (ACS) skills assessment which clearly identifies your “Skill Level Requirement Met Date.” All relevant work experience completed after the “Skill Level Requirement Met Date” will be considered “Skilled Employment” and eligible for points under the skilled migration points test. NSW refers to the ACS assessment of skilled employment claims. If you apply for NSW nomination and wish to claim skilled employment points without this version of the ACS skills assessment, you will be asked to provide an updated skills assessment.
  • Do I need my skilled employment assessed by my relevant skills assessing authority? NSW does not require applicants (excluding ICT professionals) to have had their skilled employment claims verified by the relevant skills assessing authority. However, it is recommended that all applicants consider obtaining an assessment of their employment points claims by the relevant skills assessing authority. If you are not claiming these points, you do not need to provide this information.

 

Eligibility requirement for 190 & 489 visas

 

The key eligibility requirements for the 190 and 489 visas are:

  • You need to be under 50 years of age
  • You have obtained a positive skills assessment for an eligible occupation
  • You need to meet the English language requirement
  • You points score is at least 60 (find out how points are allocated)
  • You meet the health and character requirements
  • Obtain state sponsorship approval and receive invitation to apply for visa

 

English language requirement

 

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component. The Department  will accept either Academic or General IELTS examination result.

 

Work experience

 

You must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation.

The work must be paid – it cannot be voluntary work.

You can only count ‘skilled’ employment, that is it the work was undertaken after the applicant meets at least the entry level requirements as set by the relevant assessing authority for that occupation.

The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.

 

Educational qualifications

 

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

 

Australian study requirements

 

This means you have been awarded one or more degrees, diplomas or trade qualifications 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 successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • 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 had 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
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

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.

 

Age requirement

 

You need to be under 50 years of age at the time that you are invited to apply for the visa.

 

Dependents who are over 18 – Functional English language ability

 

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

 

How much does this visa cost?

 

The below is just a list of the relevant government lodgement fees:

  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

 

Secondary visa application charge (SVAC)

 

This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.

 

Free Preliminary Assessment

Please send us the following documents by email (pcheng@myaccessaustralia.com) and we will complete a free preliminary assessment.

Visa applicant – as available and applicable:

  • Passport
  • Resume
  • IELTS examination result or other evidence of satisfying the English language requirement
  • Relevant skill assessment
  • Current visa approval notification

 

How we can help

 

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

The Subclass 189 Skilled Independent is a permanent residency visa that is for skilled workers who are not sponsored by an employer, a state or territory, or a family member.

 

Outline of eligibility requirements – 189 visa

 

In order to obtain a 189 visa, the visa applicant will need to satisfy a number of requirements, including the following key requirements::

  • Have a positive skill assessment for an occupation that is on the Skilled Occupation List
  • Meet the English language requirement
  • Submit an Expression of Interest and receive an invitation from the Department to apply for the visa (this means that you are entitled to at least 60 points which is the minimum points requirement for an invitation)
  • Be less than 50 years of age when the invitation is issued

 

Professional assistance with applications

.

Our total fee for assisting with Subclass 189 visa application is $3,500. We guarantee the following when engaged to assist with a Subclass 189 visa application :

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Occupations on Skilled Occupation List (“SOL”)

 

You must obtain a positive skill assessment for an occupation that is on the Skilled Occupation ListFor the ANZSCO occupation that you are interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).

 

English language requirement

 

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy. If you are counting points on the basis of your English language ability, then you need to satisfy the relevant requirement in order to gain those points.

 

Expression of Interest and 60 points requirement

 

In order to submit your Expression of Interest (“EOI”), you need to be entitled to at least 60 points on the basis of the following:

Relevant factor (at the time of invitation) Category Points  
Age 18–24 (inclusive) 25  
25–32 (inclusive) 30  
33–39 (inclusive) 25  
40–44 (inclusive) 15  
45–49 (inclusive) 0  
English language ability Competent English—IELTS 6 / OET B 0  
Proficient English—IELTS 7 / OET B 10  
Superior English—IELTS 8 / OET A 20  
Skilled employment(Only 20 points can be awarded for any combination of overseas and Australian skilled employment) Outside Australia in the past 10 years    
At least three but less than five years 5  
At least five but less than eight years 10  
At least eight and up to 10 years 15  
In Australia in the past 10 years    
At least one but less than three years 5  
At least three but less than five years 10  
At least five but less than eight years 15  
At least eight and up to 10 years 20  
Educational qualifications Doctorate from an Australian educational institution or other Doctorate of a recognised standard 20  
At least a Bachelor degree, including a Bachelor degree with Honours or Masters, from an Australian educational institution or other degree of a recognised standard 15  
Diploma or trade qualification completed in Australia, or qualification or award of recognised standard 10  
Australian study requirement One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian Study Requirement 5  
 
Other factors Credentialled community language qualifications 5  
Study in regional Australia or a low population growth metropolitan area (excluding distance education 5  
Partner skill qualifications 5  
Professional Year in Australia for at least 12 months in the four years before the day you were invited 5

 

English language ability

 

You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component.

In relation to counting points on the basis of your English language ability:

  • the Department will not accept any examination result other than an IELTS or OET examination result
  • the examination must be completed within the 3 year period that precedes the date of lodgement of the application
  • if you are exempted from satisfying the English language requirement due to the passport that you hold, you can and you still need to complete an  IELTS or OET examination if you want to claim points on the basis of your English language ability

 

Work experience

 

You must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation.

The work must be paid – it cannot be voluntary work.

You can only count ‘skilled’ employment, that is it the work was undertaken after the applicant meets at least the entry level requirements as set by the relevant assessing authority for that occupation.

The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.

 

Educational qualifications

 

If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).

Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.

You may be able to receive points for a qualification that is not related to your nominated occupation.

 

Australian study requirements

 

This means you have been awarded one or more degrees, diplomas or trade qualifications 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 successfully completed
  • have resulted in you receiving a degree, diploma or trade qualification
  • 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 had 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
  • be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

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.

 

Age requirement

 

You need to be under 50 years of age at the time that you are invited to apply for the visa.

 

The application process

 

You can only lodge an application using the Department’s online portal once you receive an invitation.

You can lodge your visa application while you are inside or outside of Australia (but you won’t be granted a Bridging Visa A that is associated with your Subclass 189 visa application if you are outside of Australia at the time of lodgement).

After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.

In my experience, normal processing time is 3-6 months.

 

Receiving an invitation

 

Every month, the Department will issue invitations to people who have lodged their EOI. You must receive this invitation before you can apply for the 189 visa. For each occupation, the Department will firstly invite individuals who have the highest points – for individuals who have the same amount of points, the Department will firstly give priority to those that finalised and submitted their EOI first.

Based on the Department’s reports in relation to the invitations issued, you should receive an invitation if you are able to achieve 60 points for most occupations.

 

How much does this visa cost?

 

The below is just a list of the relevant government lodgement fees:

  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

 

Dependents who are over 18 – Functional English language ability

 

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

 

Secondary visa application charge (SVAC)

 

This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.

 

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