Australian Visas

Knowing which visa is the most appropriate is important. We offer a preliminary assessment of your specific circumstances after having scrutinized your resume and circumstances. The letter of advice is foundational to all migration decisions.

Skilled migration: all occupations relevant to skilled migration are on skilled lists, are assigned a skills level, skills assessing authority, ANZSCO code and specific ANZSCO tasks.

The skilled lists determine the visa options. However the skills level must be satisfied and if not, some visas in spite of certain skilled lists, may not be options.

Time of application criteria for most skilled visas are: skills, age, & language.

Skills: mean the person must have a positive skills assessment through the assessing authority or be exempted from a skills assessment.
Age: For most visas the main applicant must be under age 45 or have an age exemption
Language the main applicant must have minimum English scores (visa and occupation determine what those scores are, and whether academic or general English test)

• Minimum exemptions apply for main applicants and only for certain visas.
• Given Language is a time of application criteria, if the main applicant does not satisfy this criteria, the visa will be refused.
• The 2nd instalment only relates to functional English level

Aged 45 and older

• If you want permanent residency (skilled visa) and are aged 45 or older at time of visa application, you will require an age exemption.
• That means having worked for a 457 sponsor for at least 3 years in the 457 nominated occupation, and having earned at least three FWHIT for each of the 3 years (was 4 yrs). Without this requirement for the age exemption, your PR skilled visa will not succeed (from 1/3/2018 legislation changes, so ask us for advice if the age ceiling applies to you).

Points tested visas (sc189, 190, 491)

• Independent skilled (sc189)
  • You must have an invitation to apply for this permanent residency visa
  • Points are earned for age, language, qualification, English language and skilled spouse (etc.) (see our points calculator)
  • You can work anywhere in Australia and are not limited to the visa occupation
• State sponsored sc190
  • You need an invitation from a state to apply for this permanent residency visa
  • Points are earned for age, language, qualification, English language, skilled spouse, and 5 additional points from the state, etc. (see our points calculator)
  • You are obliged to live and work in the sponsoring state for 2 years and are not limited to the visa occupation
• Provisional state / family sponsored sc491 (see SUMMARY below)
  • You need an invitation to apply for this 5 year provisional visa.
  • It is a pathway to permanent residency after certain criteria were satisfied after 3 years
  • Points are earned for age, language, qualification, English language, skilled spouse, etc. and 15 additional points for this visa (see our points calculator)
  • You are required to live, work and study in a regional area for 5 years and may be eligible for permanent residency after 3 years through the sc191 pathway, provided strict criteria were satisfied.

Regional sponsored provisional visa sc494 (see SUMMARY below)

• You need a nomination from an approved sponsor who operates in a regional area
• This 5 year provisional visa required you to work for the approved sponsor and to live, work and study in a regional area for 5 years. You may be eligible for permanent residency after 3 years through the sc191 pathway, provided strict criteria were satisfied.
• If you change employers a new nomination must be lodged by the new approved sponsor.

New 482 temporary skilled visas (replaced the sc457)

• You need a nomination from an approved sponsor before you can to apply for this temporary skilled visa
• If your occupation is on the MLTSSL list, this is a pathway to permanent residency (there will be age, skills and language criteria)
• The length of the approved visa will be determined by the specific skilled list, e.g. MLTSSL or STSOL

SUMMARY: sc494 & 491 visas, pathways to PR (sc191)

Two new visas

1. Skilled Employer Sponsored Regional (Provisional) visa (sc494)
   1. sponsored by an employer in regional Australia
      1. replacing the sc187 visa
   2. Skilled Work Regional (Provisional) visa sc491
      1. nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia.
         1. Replacing the sc489 visa

Critical dates

New sc494 Provisional visa summary

• The sc494 Provisional visa requires applicants to:
  • find an employer in regional Australia willing to offer a suitable position for at least 3 years
  • you must have at least 3 yrs relevant & full time work experience in the nominated occupation
  • being able to sponsor you for migration.
  • The RCB (regional certifying body) must support the position.
  • 3 yrs wait for permanent residency
  • 5 yr visa grant
  • Skilling Australia Fund levy applies ($3000 or $5000 depending on business turnover) (SAF payable by nominating business)
  • Main applicant must hold a positive skills assessment
  • must be under 45 years of age
  • must demonstrate Competent English

sc494 pathway to PR sc191

Permanent residency is access through the Subclass 191 (Permanent Residence (Skilled Regional) when the criteria are met.

• Holders of the new skilled regional provisional visas will need to live and work in regional Australia.
  • Visas will be granted with a validity period of up to 5 years.
• Holders of the new skilled regional provisional visas will be able to apply for a Permanent Residence visa.
• The Permanent Residence (Skilled Regional) Visa will commence in November 2022
• sc494 visa holder may be eligible for the sc191 skilled regional permanent residency visa in the future
• Must have earned at least $53,900 for each of the 3 years (if you have a partner, only one of you needs to show this salary level through tax returns and this person would be the main applicant for the 191 visa)
• NO need to be nominated by an employer to make an application for the 191 visa. This is a major difference to the RSMS 187 visa.

New sc491 visa summary

• The sc491 is replacing the sc489 provisional visa:
  • Need to stay and work in regional area9s) for 3 years
  • Limits on applying for permanent residency other than pathway permanent residency
  • Income threshold for sponsoring companies

Sc491 to sc191 Permanent Residency

The sc491 is a 5 yr visa. 14000 places have been allocated to this visa subclass. The sc491 is a points-tested visa for applicants sponsored by:

• a designated regional area of an Australian state or territory, or
  an eligible family member residing in a designated regional area of Australia

Permanent residency is access through the Subclass 191 (Permanent Residence (Skilled Regional) when the criteria are met.

• Holders of the new skilled regional provisional visas will need to live and work in regional Australia.
  • Visas will be granted with a validity period of up to 5 years.
• Holders of the new skilled regional provisional visas will be able to apply for a Permanent Residence visa.
• The Permanent Residence (Skilled Regional) Visa will commence in November 2022
• sc494 visa holder may be eligible for the sc191 skilled regional permanent residency visa in the future
• Must have earned at least $53,900 for each of the 3 years (if you have a partner, only one of you needs to show this salary level through tax returns and this person would be the main applicant for the 191 visa)
• NO need to be nominated by an employer to make an application for the 191 visa. This is a major difference to the RSMS 187 visa.