Points-Tested Skilled Visas

Points-Tested Skilled Visas (Subclasses 189, 190, and 491) are designed for skilled professionals who are not sponsored by an employer and wish to live and work in Australia permanently (or with a clear pathway to permanent residency).

These visas operate on a competitive Expression of Interest (EOI) and invitation system, where applicants are ranked based on a points test that considers factors like age, English ability, skilled employment experience, and qualifications. Achieving the minimum pass mark of 65 points is necessary, but high invitation scores are often required, reflecting the demand for skilled migration.

Understanding the nuances of each subclass, including whether it requires State or Territory nomination, will help you strategise your application for the best chance of success. Here’s some general information to help you get started.

Visa Options (Overview)

Visa subclass Key Features Type of Visa Nomination / Sponsorship Pathway to Permanent Residence (PR)
Subclass 189 - Skilled Independent Permanent Residency; No Nomination or sponsorship required; Freedom to live and work anywhere in Australia. Permanent None required Direct PR
Subclass 189 - Skilled Independent (New Zealand Stream) Permanent Residency; Special pathyway for New Zealand citizens who are Special Category (subclass 444) visa holders and have demonstrated commitment and contribution to Australia and meet residency rules. Permanent None required Direct PR
Subclass 189 - Skilled Independent (Hong Kong Stream) Permanent Residency; Special pathway for HK/BN(O) passport holders; Not points-tested (requires 4 years' residence on a qualifying visa). Permanent None required Direct PR
Subclass 190 - Skilled Nominated Permanent Residency; State/Territory Nomination required (commitment to live/work in that state for two years); 5 extra points awarded. Permanent Required: State/Territory Government Direct PR
Subclass 491 - Skilled Work Regional (provisional) Temporary (5 years); Must live, work, and study in a designated regional area; 15 extra points awarded (for nomination or family sponsorship). Temporary (5 years) Required: State/Territory Government or Eligible Relative Subclass 191 (after 3 years)
Subclass 191 - Permanent Residence (Skilled Regional) Permanent Residency; Pathway for former 491/494 visa holders; Not points-tested (requires 3 years' regional residence and meeting the income requirement). Permanent None required Direct PR (from subclass 491/494)

Subclass 189 - Points-Tested

The Australian Subclass 189 Skilled Independent visa is a permanent residency visa with three streams, each having specific requirements:

1. Points-tested Stream

This stream is for skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

  • Expression of Interest (EOI) & Invitation: You must first submit an Expression of Interest (EOI) through SkillSelect and receive an Invitation to Apply (ITA) for the visa. Invitations are issued in regular rounds based on points score and occupation ceilings.
  • Points Test: You must meet the current pass mark of at least 65 points on the points test (the higher your score, the better your chance of invitation). Points are awarded for factors like age, English ability, skilled employment experience, qualifications, Australian study, partner skills, etc.
  • Skills Assessment: You must have a positive and valid skills assessment for your nominated occupation from the relevant Australian assessing authority.
  • Occupation: Your nominated occupation must be on the relevant list of eligible skilled occupations (typically the Medium and Long-term Strategic Skills List - MLTSSL).
  • Age: You must be under 45 at the time of the Invitation to Apply (ITA).
  • English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent) is required to be eligible to apply, but a higher score may be needed to achieve sufficient points for an invitation.

2. New Zealand Stream

This stream is for New Zealand citizens who are Special Category (subclass 444) visa holders and have demonstrated commitment and contribution to Australia.

  • Visa Holding: You must hold a Special Category Visa (subclass 444).
  • Residency: You must have been usually resident in Australia for a continuous period of at least five years immediately before the date of application, and have commenced that period of usual residence on or before 19 February 2016.
  • Income: You must have met a specific taxable income threshold (currently AUD $53,900) for at least three of the five income years immediately before application. One of these three years must be the most recently completed financial year (unless an exemption applies, such as for approved parental/carer's leave, or COVID-19 related impacts).
  • Age: There is no age requirement for this stream.
  • Skills Assessment/Points Test/Occupation List: These are not required for this stream.
  • English: There is no specific English test requirement for the main applicant.

3. Hong Kong Stream

This stream is for holders of Hong Kong or British National (Overseas) passports who have held an eligible visa and demonstrated a commitment to Australia.

  • Passport: You must hold a Hong Kong passport or a British National (Overseas) passport.
  • Residency: You must have been usually resident in Australia for a continuous period of at least four years immediately before the date of application.
  • Eligible Visa Holding: At the time of application, you must have held an eligible visa (Subclass 457, 482, or 485 granted on the basis of satisfying the primary criteria) for at least four years and complied with all conditions on that visa.
  • Age: There is no age requirement for this stream.
  • Skills Assessment/Points Test/Occupation List: These are not required for this stream.
  • English: You must have at least Functional English (e.g., IELTS 4.5 average or equivalent), or be willing to pay the second visa application charge instalment.

Common Requirements for All Streams (unless exempted by the stream's criteria):

  • Health and Character: You and all included family members must meet the Australian health and character requirements.
  • Australian Values Statement: Applicants aged 18 years or older must sign the Australian Values Statement.
  • English for Dependants: Adult dependants (18+) who do not have at least Functional English may be required to pay a second visa application charge instalment.
  • Debts to the Australian Government: You or any family member must have no outstanding debts to the Australian Government, or have arranged to repay any debts.

Subclass 190 Skilled Nominated Visa

This is a permanent visa for skilled workers who are nominated by an Australian State or Territory government agency to live and work in that state or territory.

  • Nomination: Mandatory nomination by an Australian State or Territory government agency. You must be prepared to commit to living and working in the nominating state or territory for a minimum period (typically two years).
  • Points Test: You must score at least the pass mark (currently 65 points) on the Department of Home Affairs points test, including the 5 points granted for state nomination. The actual points score required for an invitation can be higher depending on demand.
  • Skills Assessment: A positive and valid skills assessment for your nominated occupation from the relevant Australian assessing authority is required.
  • Occupation: Your nominated occupation must be on the relevant skilled occupation list for this visa, which is a broader list than the one for the Subclass 189 visa. State/Territory governments often have their own specific occupation lists and requirements.
  • Age: Generally under 45 at the time of invitation to apply for the visa.
  • English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent). Higher English scores can provide additional points on the points test.
  • Invitation: You must first submit an Expression of Interest (EOI) in SkillSelect. After submitting your EOI, certain States or Territories may also require you to submit their own Expression of Interest (EOI) or Registration of Interest (ROI). You can then be invited by the Department of Home Affairs to apply for the visa following nomination by a State or Territory.

Subclass 491 Skilled Work Regional (Provisional) Visa

This is a provisional (temporary) visa for skilled workers who are nominated by an Australian State or Territory government agency, or sponsored by an eligible relative, to live and work in a designated regional area of Australia. It is a pathway to permanent residency via the Subclass 191 visa after three years.

  • Nomination/Sponsorship: You must be nominated by an Australian State or Territory government agency OR be sponsored by an eligible relative (who must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and resident in a designated regional area).
  • Designated Regional Area: You must commit to living, working, and studying in a designated regional area of Australia (which includes all of Australia except Sydney, Melbourne, and Brisbane).
  • Points Test: You must score at least the pass mark (currently 65 points) on the Department of Home Affairs points test, including the 15 points granted for State/Territory nomination or eligible family sponsorship.
  • Skills Assessment: A positive and valid skills assessment for your nominated occupation from the relevant Australian assessing authority is required.
  • Occupation: Your nominated occupation must be on the relevant skilled occupation list (a combined list including the Medium and Long-term Strategic Skills List (MLTSSL) and the Regional Occupation List (ROL)).
  • Age: Generally under 45 at the time of invitation to apply for the visa.
  • English: At least Competent English (e.g., IELTS 6.0 in each band or equivalent). Higher English scores can provide additional points on the points test.
  • Invitation: You must first submit an Expression of Interest (EOI) in SkillSelect. After submitting your EOI, certain States or Territories may also require you to submit their own Expression of Interest (EOI) or Registration of Interest (ROI) (if not family-sponsored). You can then be invited by the Department of Home Affairs to apply for the visa following nomination by a State or Territory, or through family sponsorship.

Subclass 191 Permanent Residence (Skilled Regional) Visa

This is a permanent visa for people who have lived and worked in a designated regional area of Australia while holding a Subclass 491 or 494 provisional visa.

  • Eligible Provisional Visa: You must have held an eligible visa for at least three years immediately before applying. The eligible visas are the Subclass 491 (Skilled Work Regional (Provisional)) or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
  • Regional Residence: You must have lived in a designated regional area of Australia for at least three years while holding the provisional visa(s).
  • Income Requirement: You must provide notices of assessment from the Australian Taxation Office (ATO) showing you have met a specified minimum taxable income threshold for at least three income years while holding the provisional visa(s). Note: The minimum income threshold is set by the government and may be subject to change.
  • Visa Conditions: You must have complied with the conditions of your provisional visa(s).
  • Age, English, Skills: There are no specific new requirements for age, skills assessment, or English language proficiency for the Subclass 191 application itself, as these requirements were met for the grant of the Subclass 491 or 494 visa.

Frequently Asked Questions

What is the minimum points score required to be eligible for a point-tested visa invitation?

Applicants must score a minimum of 65 points on the points test to lodge an Expression of Interest (EOI) in the SkillSelect system. However, meeting the minimum score does not guarantee an invitation; in practice, many occupations require a much higher score (e.g., 85, 90, or 95+) to receive an invitation due to high demand.

What are the main categories used to calculate points in the GSM points test?

Points are primarily awarded based on:

  1. Age
  2. English Language Ability (Competent, Proficient, or Superior)
  3. Skilled Employment Experience (both Australian and overseas)
  4. Educational QualificationsPartner Skills (if applicable)
  5. Sponsorship/Nomination (state/territory nomination for 190/491 visas, or family sponsorship for 491 visa).
  6. Specialist Education Qualification (Master's by research or a Doctorate from an Australian institution in a STEM field)
  7. Australian Study and Professional Year

How many points can an applicant claim for demonstrating 'Superior English' ability?

An applicant who demonstrates Superior English (e.g., an IELTS score of 8 or higher in each of the four components, or equivalent) can claim the maximum 20 points for English language ability. An applicant with 'Proficient English' (e.g., IELTS 7 in each band) can claim 10 points, and 'Competent English' (e.g., IELTS 6 in each band) is worth 0 points but is the minimum requirement for most GSM visas.

What is an Expression of Interest (EOI) and how does it lead to a visa application?

The Expression of Interest (EOI) is an online application process in the SkillSelect system where a prospective migrant provides information about their skills, qualifications, and visa preferences. The EOI is not a visa application itself, but a way for the Department of Home Affairs (for 189/491 family-sponsored) or state/territory governments (for 190/491 nominated) to assess and select the highest-scoring applicants. Only after an EOI is invited can the applicant proceed to lodge a formal visa application. An EOI is valid for two years. 

What is the difference in points awarded for a state/territory nominated visa versus a skilled independent visa?

  • Skilled Independent visa (subclass 189): No nomination points are awarded. The applicant relies solely on their individual characteristics (age, English, education, experience, etc.).
  • Skilled Nominated visa (subclass 190): The applicant receives an additional 5 points for state/territory government nomination.
  • Skilled Work Regional (Provisional) visa (subclass 491): The applicant receives an additional 15 points for state/territory government nomination or family sponsorship.
  •  

How are invitations for point-tested visas decided, and can selection criteria other than total points and date of EOI apply?

Yes, selection criteria other than total points and date of EOI submission do apply, depending on the visa subclass.

  1. For Federal Visas (Subclass 189 & 491 - Family Sponsored):
    • The Department of Home Affairs invites EOIs based strictly on highest points score first.
    • If multiple EOIs have the same points score, a "Date of Effect" tie-breaker is used. The EOI that reached that score earlier is invited first.
  2. For State/Territory Nominated Visas (Subclass 190 & 491 - State Nominated):
    • States and Territories operate their own selection process for nomination, and they are not bound by the SkillSelect "Date of Effect."
    • They use the total points score as a guideline, but often prioritise applicants based on their own specific criteria, which can include:
      • Specific Work Experience in a target sector (e.g., healthcare, tech).
      • Current Residency/Employment in the state/territory (e.g., "onshore" applicants already working in the region are often prioritised).
      • Higher Scores in Specific Factors such as English level, qualifications, or indeed, Age. For example, a state might decide to prioritise an EOI with 85 points and the maximum age points (25-32) over an EOI with 90 points whose applicant is older (40-44), if both are in a high-demand occupation.

In short, for state-nominated visas, the State's published selection guidelines are far more important than the EOI submission date.

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Disclaimer

The information provided on this website is for general purposes only. Whilst every effort has been made to ensure accuracy, the content is not, and is not intended to be, legal or immigration advice, and it does not create a solicitor–client relationship with Tern Legal. The information should be treated as a practical guide only. No person should act on the basis of the material on this website without obtaining advice specific to their circumstances and, where necessary, seeking professional assistance.

Migration law in Australia is subject to ongoing changes in legislation and government policy, and the information provided may not reflect the most up-to-date position. You are encouraged to make your own enquiries as to the accuracy of the information at the time of use. For advice relevant to your situation, please consult a qualified professional. Tern Legal makes no guarantees regarding the outcome or approval of any migration application.

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