Changes to Points Tested Skilled Migration Visas

The Australian Government is making changes to the points based skilled migration
visa program, which are scheduled to commence from 1 July 2012. These changes will
include the introduction of three new visas and the closing of some current visas to new
applicants.
These changes are part of the skilled migration reforms, announced by the Australian
Government on 8 February 2010 that ensure the skilled migration program continues to
be responsive to changes in the Australian labour market.

Visa subclass changes

From 1 July 2012, three new points tested skilled migration visa subclasses will be
introduced:

Subclass 189 (skilled independent)

Subclass 190 (skilled nominated)
Subclass 489 (skilled regional provisional).

The distinction between the locations of a visa applicant will be removed. Intending
migrants who are invited to apply for these visas, through SkillSelect, can be inside or
outside Australia when they apply for the visa and at the time the visa is decided.
The 887 (skilled regional) visa will be changed to allow for applications from the new 489
(skilled regional sponsored) visa. The 485 (skilled graduate) and the 476 (skilled
recognised graduate), visa subclasses, will not change. The location requirements of in or
outside Australia will remain for the 476, 485 and 887 visas.

SkillSelect
SkillSelect is an online service which will be introduced on 1 July 2012. It will change the
way people migrate to Australia. Rather than applying for a skilled migration visa, people
will instead first record their details through an online Expression of Interest. This
Expression of Interest will include basic personal information and will be where intending
migrants have their skills and attributes ranked against a points test, if they seek a points
tested skilled migration visa. Intending migrants may then be invited to apply for a visa. An
Expression of Interest is not an application for a visa. If you are invited to apply, you will
have to demonstrate that the claims you made in your Expression of Interest are correct.
More information on SkillSelect is available on the departments website.
See: http://www.skillselect.gov.au

June 2012

Key dates
Introduction of SkillSelect and new points tested skilled migration visas:

From 1 July 2012, individuals both in and outside Australia can lodge an expression
of interest (EOI) through SkillSelect for a 189, 190 or 489 visa.

As part of the introduction of new visas, the current points tested skilled migration visas will
be phased out:

From 1 July 2012, points tested skilled migration visas granted outside Australia
(175, 176 and 475) will be closed for new applicants
Points tested skilled migration visas granted in Australia (885, 886 and 487) will
remain open for new applicants until 1 January 2013

Note: Until 1 January 2013 intending skilled migrants in Australia may be able to submit an
Expression of Interest, through SkillSelect, for one of the new points tested visas (the 189,
190 and 489) and/or make an application outside of SkillSelect for an 885, 886 or 487 visa,
provided they meet eligibility requirements.

Basic eligibility requirements (subclasses 189, 190 and

489)
New requirement to be invited to apply
Intending migrants will have to submit an Expression of Interest through SkillSelect and be
invited to apply for one of the new visas.
Location requirements broadened
Intending migrants, including dependent family members, may submit an Expression of
Interest, be invited to apply, apply and have their application decided while in or outside
Australia.
Australian study or recent work experience requirements removed
The recent work experience and Australian study requirements will be removed as eligibility
requirements, though will remain as factors for receiving points under the points test. ,
Revised eligible visa requirements
Where the intending migrant is lawfully in Australia when lodging their application, it will no
longer be necessary for them to hold a particular prerequisite visa, such as a student visa.
People who hold a substantive visa, or a bridging visa A, B or C, will be eligible to apply if
invited, provided they meet the other eligibility requirements.
Basic eligibility requirements
Many of the current points tested skilled migration visa basic requirements will continue
under the new visa regime. At the time of invitation the intending migrant (and their
spouse/defacto partner if claiming points)

must be under 50 years of age

must have at least competent English
health, character and Australian values requirements must also continue to be met.

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Note: Competent English is defined as an International English Language Test System

(IELTS) score of at least six in each of the four components of the IELTS test; or at least B
in the Occupational English Test (OET); or being a citizen and passport holder of the UK,
Canada, New Zealand, Ireland or the USA.

Skilled occupation requirements

Skilled occupation requirements remain central to the new visas. Intending migrants who
want to submit an Expression of Interest through SkillSelect must nominate a skilled
occupation from the relevant Skilled Occupation List (SOL) in place at the time they are
invited to apply. They should obtain a suitable skills assessment for their nominated
occupation before they make an Expression of Interest.
If invited to lodge a visa application an intending migrant must have a suitable skills
assessment for their nominated occupation issued prior to the time they were invited.
Further information on Australian Skills Recognition and assessing authorities is available
on the departments website.
See: http://www.immi.gov.au/asri/

The points test

If invited to apply, intending migrants will need to demonstrate that their claimed scores
against points test factors were correct at the time they were invited to apply.
To ensure the invitation process remains competitive and fair the score an invited
applicant receives when their application is assessed must be equal to or greater than the
Expression of Interest score on which their invitation was based. If a person makes false
claims to inflate their Expression of Interest score they may have any application based on
those claims refused.
The points test pass mark is the minimum number of points required to be eligible for a points
tested skilled migration visa. It is important to understand though that the pass mark can
change, as it is used as a way of managing the program. Not everyone who meets the pass
mark will necessarily be invited to apply for a visa. Invitations will be issued periodically to
the highest ranking Expressions of Interest subject to occupation ceilings.
See: http://www.skillselect.gov.au

Family Members
Applicants for a skilled migration visa can include other members of their family unit with
their application. While the applicant must satisfy the basic requirements, members of their
family unit who are making a combined application need to meet the secondary applicant
criteria.
They must demonstrate a family relationship with the primary applicant and dependency if
required, as well as satisfy health, character, custody, Australian values and functional
English language requirements as applicable.

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The New Points Tested Visas

Subclass 189 (Skilled Independent)
The 189 visa is for people seeking an independent permanent skilled visa. This includes
people without an employer or family sponsor, or state or territory government nomination.
Visa requirements include:
invitation to apply
nominate a skilled occupation from the relevant skilled occupation list
under 50 years of age
hold a suitable skills assessment in a nominated occupation on the SOL
have competent English
meet points test mark.
Subclass 190 (Skilled Nominated)
The 190 visa is for people who have received state/territory government nomination and are
seeking a permanent skilled visa. Visa requirements include:
nomination by a state/territory government
invitation to apply
nominate a skilled occupation from the relevant skilled occupation list
under 50 years of age
hold a suitable skills assessment
have competent English
meet points test mark.
State/territory government nomination will either involve the intending migrant seeking
nomination from the relevant government agency before submitting their Expression of
Interest, or submitting an Expression of Interest and indicating their interest in being
sponsored by a particular state/territory government(s). State/territory governments will
nominate intending migrants directly through SkillSelect.
Subclass 489 (Skilled Regional)
The 489 visa is for intending migrants who are interested in either state or territory
government nomination or family sponsorship. The subclass 489 visa is a four-year
provisional visa where the visa holder must live and work in a specified regional area in
Australia. Those that do so for a sufficient period have the opportunity to meet the
requirements for a permanent subclass 887 visa. Visa requirements include:
nomination by a state/territory government or sponsorship by an eligible relative
living in a designated area
invitation to apply
nominate a skilled occupation from the relevant skilled occupation list
under 50 years of age
hold a suitable skills assessment
have competent English
meet points test mark.
Visa holders who are government nominated must live and work in a specified regional area.
See: http://www.immi.gov.au/skilled/general-skilled-migration/regional-growth.htm
Visa holders who are sponsored by a relative must live and work in a designated area
See: http://www.immi.gov.au/skilled/general-skilled-migration/designated-areas.htm

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