Permanent Residence Skilled Visa Application
Table Of Contents
Subclass 489 (Skilled — Regional (Provisional)
Subclass 190 Skilled — Nominated Visa
Schedule 2 Criteria Subclass 189 Skilled — Independent
Subclass 189 Skilled Independent Visa
Permanent Residence Skilled Visa Application
Charges Follow From Presenting False Documents To Immigration
Getting Someone Else To Sit The IELTS
Visas Cancelled For Bogus Work References
Substantial Compliance And Living In A Regional Area
Tribunal Saves Applicant From Error
Minister for Immigration & Citizenship v Li and Another
Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive
Introduction
Some Relief On Condition 8503 (No Further Stay)
Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Staleness Of A Skill Assessment Is Now Defined By Law
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Application Made
Some Recent Practice Decisions & Practice Points
Preamble
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
As far as an application for a visa lodged now, there is only two subclass PR skilled visa which are the Subclass 189 Skilled — Independent and the Skilled – Nominated (subclass 190) visa.
The change in recent time is that one can only apply for this visa after being invited to apply and prior to that one lodges an expression of interest. An expression of interest is not a visa application and therefore no bridging visa rights follow from lodging an expression of interest.
There are 2 ways of obtaining these visas. One is independently and the other is with state or territory sponsorship. The essential difference between the two is that for the independent pathway the list of occupations is limited to the SOL, (schedule 1 of Immi 13/66)[19] whereas the nominated pathway is broad but constrained by nomination limitations of each state or territory. Each state or territory can choose occupations to place on their lists from the broad range of jobs on CSOL (consolidated sponsored occupation list or Schedule 2 to Immi 13/66).
In Immi 13/66:
- the occupations, Hospital Pharmacist, Retail Pharmacist, Aircraft Maintenance Engineer (Avionics), Aircraft Maintenance Engineer (Mechanical) and Aircraft Maintenance Engineer (Structures) were moved from SOL to Schedule 2 (the CSOL);
- Registered Nurse (Paediatrics) assessing authority the Australian Nursing and Midwifery Accreditation Council (ANMAC) was added to the SOL;
- Procurement Manager with the assessing authority Australian Institute of Management, and Nutritionist, Intellectual Property Lawyer, Archaeologist, Hydrographer and Kennel Hand all with the assessing authority Vocational Education and Training Assessment Services (VETASSESS) were added to Schedule 2 (the CSOL).