Subclass 189 Skilled Independent Visa
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
Schedule 1 criteria
- Skilled—Independent (Permanent) (Class SI)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
First instalment
ItemComponentAmount
1. Base application charge$3 600
2. Additional applicant charge for an applicant who is at least 18$1 800
3. Additional applicant charge for an applicant who is less than 18$900
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) second instalment (payable before grant of visa):
Second instalment
Item Applicant Amount
1 Applicant who:
(a) was at least 18 at the time of application; and
(b) is assessed as not having functional English
$4 885
2 Any other applicant Nil
(3) Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(c) An applicant in Australia must hold:
(i) a substantive visa; or
(ii) a Subclass 010 Bridging A visa; or
(iii) a Subclass 020 Bridging B visa; or
(iv) a Subclass 030 Bridging C visa.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled—Independent (Permanent) (Class SI) visa may be made at the same time as, and combined with, the application by that person.
(4) An applicant seeking to satisfy the primary criteria must meet the requirements in the table.
Item Requirements
1 The applicant must have been invited, in writing, by the Minister to apply for a Subclass 189 (Skilled—Independent) visa
2 The applicant must apply for that visa within the period stated in the invitation
3 The applicant must not have turned 50 at the time of invitation to apply for the visa
4 The applicant must nominate a skilled occupation:
(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and
(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
(5) Subclasses:
Subclass 189 (Skilled—Independent)