Table Of Contents

The New Points Test

Schedule 2 Criteria

Subclass 489 (Skilled — Regional (Provisional)

Subclass 190 Skilled — Nominated Visa

Schedule 2 Criteria Subclass 189 Skilled — Independent

Subclass 189 Skilled Independent Visa

Patchwork Quilt

Skill Select

What Is The Points Test?

Permanent Residence Skilled Visa Application

The Subclass 476 Visa

Subclass 485 Visa Re-Hashed

Students – Time Has Run Out

Charges Follow From Presenting False Documents To Immigration

Getting Someone Else To Sit The IELTS

Visas Cancelled For Bogus Work References

Fraud In Skilled Visa Cases

Living In A State

ASCO to ANZSCO

Occupational Ceilings

Post Qualification Work

What Is Remuneration?

Self Employed

Some Practice Points

Substantial Compliance And Living In A Regional Area

Correcting A Visa Application

Tribunal Saves Applicant From Error

Minister for Immigration & Citizenship v Li and Another

Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive

State & Territory Sponsorship

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

Take the exam

 

 

Schedule 1 criteria

  1. 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)