October 19, 2023

Australian PR Process

The Australian PR process can be daunting and time consuming. In this article, we provide a step-by-step guide in broad strokes to try and make it less intimidating.

You can become a permanent resident of Australia by applying for and being granted a permanent visa that allows you to remain in Australia indefinitely. As an Australian permanent resident, you can:

  • remain in Australia indefinitely
  • work and study in Australia
  • enrol in Australia’s national health scheme, Medicare
  • apply for bank loans to buy property
  • sponsor eligible relatives for permanent residence
  • apply for Australian citizenship, if eligible
  • travel to and from Australia for as long as your travel facility permits.
  • work in New Zealand

Most overseas skilled professionals can become a permanent resident by gaining a work-stream permanent visa. In this article, we will focus on the Skilled Independent Visa – Points Tested Stream (Subclass 189) and the Skilled Nominated Visa (Subclass 190). It’s important to note the key difference between the two:

  1. The Subclass 189 visa will let an invited skilled worker to live and work anywhere in Australia
  2. A skilled overseas worker who has received a nomination from an Australian state or territory to apply for a Subclass 190 visa must commit to live and work in that state for a specific time. All state and territory government agencies have their own criteria for deciding who they will nominate.

Migrating to Australia is a major life decision, and the pathway to Australian Permanent Residency (PR) involves several key steps. This process, while detailed, is designed to ensure you are well-prepared for life in Australia. Here’s a comprehensive guide to help you navigate the journey towards Australian PR.

Submit an EOI (Expression of Interest) in SkillSelect

Before you are invited to apply for a visa, you need to submit an EOI through SkillSelect, Australian Government’s online system for skilled workers who want to express their interest in applying for a visa to live and work in Australia.

In the EOI, you will be detailing your work experience, qualifications, results of your English test and skills assessment as you receive them. When you submit your EOI, you will be providing some personal information, but you won’t need to upload any documents.

You can update your EOI at any time before receiving an invitation to apply for a subclass 189 or subclass 190 visa.

After you have submitted your EOI, for a subclass 189 visa you will be ranked against other intending applicants and might be invited to apply for the visa. For a subclass 190 visa, you might be nominated for the visa by a state or territory government. You will receive the invitation to apply for this visa if you are nominated.

Have A Suitable Skills Assessment

When you make a claim in your EOI that you have the relevant skills that Australia needs, you need to provide documents to support your claims. Skills assessments are issued by relevant skills assessing authorities, that check that your skills meet the standards they set to work in a relevant occupation. Your occupation must be on the relevant list of eligible skilled occupations for both Skilled Independent visa (subclass 189) Point-Tested stream and the subclass 190 Skilled Nominated visa. 

Obtaining a skills assessment is mandatory for subclass 189 visa and subclass 190 visa. It is your responsibility to contact the relevant assessing authority for your occupation and obtain a skills assessment. Each assessing authority has its own assessment procedures, timeframes and charges.

Your skills assessment must have been obtained in the 3 years before the date of your invitation. If the assessment was for a shorter period, that period must not have passed.

When you submit your EOI, ensure that your skills assessment has at least 12 weeks validity remaining. This will ensure that there is enough time to assess your application. For subclass 190, states will not nominate you if your skills assessment has expired at the time they assess your application.

If your skills were assessed based on a qualification you got in Australia when you held a student visa, the qualification must be from studying a course registered on CRICOS. 

Demonstrate English Language Proficiency

An applicant must provide evidence that they have Competent English proficiency for both subclass 189 and subclass 190. The Department of Home Affairs accepts scores from the following tests undertaken at a secure test centre for English language visa requirements: ​

  • International English Language Testing System (IELTS), including One Skill Retake (OSR)
  • Pearson Test of English (PTE)
  • Cambridge English (CAE) (also known as C1 Advanced)
  • Occupational English Test (OET), noting this is a test developed for health professionals
  • Test of English as a Foreign Language (TOEFL iBT).​

If you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, then you are exempt from the English language proficiency requirement.

To demonstrate Competent English proficiency, an applicant must obtain:

  • At least 6 in each of the 4 components in the IELTS test
  • At least 50 in each of the 4 components in the PTE test

Note: The test results must be provided at the time of invitation and cannot have been undertaken more than 3 years before the date of invitation.

If you are claiming partner points, your partner must also have competent English at the time of invitation.​

Meet The Age Criteria

To be eligible to receive an invitation to apply for either a subclass 189 or subclass 190 visa, the applicant must meet the following age eligibility requirements:

  • You must be aged under 45 when invited you to apply for the visa.
  • You can still apply for the visa if you turn 45 after you are invited to apply.
  • If you turn 45 after you submit your EOI but before you are invited to apply, you will not receive an invitation to apply for the visa.

Obtain a Score of 65 Points or More

Based on the claims presented in your EOI in SkillSelect, you will receive an indicative points score. To receive an invitation to apply for either a subclass 189 visa or a subclass 190 visa, an applicant must be able to obtain a score of 65 points.

Your invitation, if received, will state the number of points that you must score when your visa application is assessed by the DHA. You must submit your visa application through  ImmiAccount, the Australian government’s digital platform for visa applications.

With your visa application, you must provide evidence supporting your claims.

Points are awarded for age, English language skills, skilled employment experience, educational qualifications, partner skills, professional year in Australia, specialist education qualification, Australian study requirement, study in regional Australian, and nomination

 Refer to the points calculator for each visa subclass:

  1. Subclass 189 points table
  2. Subclass 190 points table

Skills Requirement

An applicants occupation must be on the relevant list of eligible skilled occupations for both the Skilled Independent visa (subclass 189) Point-Tested stream and the Skilled Nominated visa (subclass 190).

The skilled occupation list enables the government to match skilled overseas workers that Australia needs and values with job vacancies and develop a workforce strategy that supports Australian businesses and boosts the economy.

Your nominated occupation in your Skills Assessment must match your Expression of Interest (EOI) with the Department of Home Affairs.

Meet the Health & Character requirement

Before a visa is granted by the Department of Home Affairs (DHA), you and all your family members included in the application must meet the health requirement. Any family member not accompanying you to Australia might also need to meet the health requirement, if requested.

You might have to have health examinations to prove you meet the health requirement. A Medical Officer of the Commonwealth (M​OC)​ will assess the results of your examinations.

Here is a detailed list of all the Health Examinations you need for a subclass 189 or subclass 190 visa.

Note: Health examination results are generally valid for 12 months. If you have your health examinations before you apply for a visa and there is a delay in processing your application, you may need to complete your health examinations again. 

Family members aged 16 years and over must also meet the character requirement. Any family member not accompanying you to Australia must also meet the character requirement.

The character requirements are laid out under Section 501 of the Migration Act 1958.

Departmental delegates can refuse your application or cancel your visa if you fail to prove that you are not of good character. If you are removed from Australia on character grounds, you will have difficulty satisfying the character requirements when applying for another visa to re-enter Australia.

Be nominated to apply – Applies only for Subclass 190 (Subclass 189 does not require this)

Once you have submitted a completed EOI in SkillSelect, State and territory government agencies can see your completed EOI and might nominate you for the visa. Only when you receive your nomination can you apply for this visa through ImmiAccount, the Australian government’s digital platform for visa applications.

All states and territories have complete autonomy for deciding who they will nominate. If the state or territory agency that nominates you withdraws your nomination after you have applied, your application becomes invalid.

Using a Migration Agent

While the Australian PR process is something you can manage on your own, many people choose to work with migration agents or lawyers to simplify the journey. Registered migration agents are professionals trained in migration law and can help ensure your application is complete, accurate, and meets all legal requirements.

It’s important to note that migration agents must be registered with the Migration Agents Registration Authority (MARA) to provide immigration services. They can provide advice on visa options, prepare documents, and liaise with the Department of Home Affairs on your behalf. Using a MARA-registered agent ensures you receive reliable advice and guidance throughout the process.

The Australian PR process is a gateway to new opportunities, but it can be complex and time-consuming. However, by following these key steps and seeking professional guidance when needed, you can streamline your application and make the transition smoother. With the right planning and support, you’ll be well on your way to calling Australia home.

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