10 things you should know about Skilled visa applications

Learn how to avoid costly mistakes when making your application for a Skilled visa in Australia.

Applying for a Skilled visa in Australia is a complex process.  The visa requirements and Skilled occupation lists change on a regular basis, which means you must keep up to date to ensure you remain on an eligible pathway.

The 10 questions below are an excellent starting point.  Getting all the details right is important if you want to work in Australia.

1.  Are you eligible for a Skilled visa?

Eligibility for a Skilled visa is dependent upon several factors.  These include your age, educational qualifications and your work history.  Other factors include your English skills, relationship status, and the length of time you have already spent working or studying in Australia.

2. Are there any permanent residency Skilled visas?

In Australia, there are several Skilled visa classes. For some visas, you must be invited to apply. For other visas, you can be nominated by a State or Territory government.

Some Visas immediately provide permanent residency. Other visa pathways allow for the initial grant of a temporary visa, with your eligibility for the permanent visa then being dependent on you satisfying certain requirements.

One permanent residence visa is the Skilled Independent visa (subclass 189).  For this visa, you must be invited by the Department of Home Affairs in order to apply. You do not, however, need to be sponsored.

Subclass 189 is also open to people who hold a New Zealand Special Category (subclass 444) visa, who have lived in Australia for at least the last 5 years.

Another permanent residence visa is the Skilled Nominated visa (Subclass 190).  State or Territory Governments may nominate you for this visa.

3. Do you qualify for a Regional Provisional Visa?

If you don’t qualify for the Skilled Independent Visa, or the Skilled Nominated Visa, you might be eligible for the Skilled Work Regional (Provisional) Visa (Subclass 491).  Alternatively, you might qualify for the Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494).

You must be invited by the Department of Home Affairs to apply for these visas.  You can be sponsored by an eligible relative or by a State or Territory.

You must want to live and work in regional Australia. Adelaide is in South Australia, and there are many opportunities here. Different visa opportunities may be available to you depending on where you wish to live and work in South Australia.

4.  Have you nominated the correct occupation?

This is critically important.  You must take into account all your educational qualifications.  Also, consider your work history, in Australia and overseas.  Some people might have more than one occupation in their background.

Choosing your area of skill is one of the crucial steps in the application for a Skilled visa.  If you are unsure, contact one of our Registered Migration Agents at MSM Legal.  We can assess the best course of action for your individual circumstances.

An important note, not all occupations qualify for Skilled visa application status.  Let us help you work out the correct occupation to nominate.

5. Have you met the English requirement?

You meet the English requirement if you are a citizen, with a valid passport, issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.  You must include evidence of this with your application.

Alternatively, you must have obtained competent, proficient or superior English language test results. These results must be from a test approved by the Department of Home Affairs.  These results of these tests are valid for three years.

6.  Have you had a formal Skills Assessment?

Each occupation has a skills assessment agency.  You need to contact the correct authority for your nominated occupation.  Each individual skills assessment authority has its own process, timeframe, and fees.  It can take up considerable time.

Our Migration Agents have years of experience assisting people with this process.  We can help you work out which skills assessment agency is the right one for you, and we can walk you through the entire process.

7.     Do you have the required points?

The Department of Home Affairs calculates eligibility using a points test.  You must have at least 65 points in order to be considered for a Skilled visa. These points are based on your age, your English skills, your employment experience, and your educational qualifications.

8.     Is your employment contract suitable for a Skilled visa applicant?

The Department of Home Affairs has specific requirements for the employment contracts of visa holders.

MSM Legal understands the requirements of the Department for employment contracts. Our immigration lawyers also have significant backgrounds practicing contract law.

We can help ensure that your employment contract complies with the Department’s conditions for employment under various visas.

9.     Are you able to include your partner (if applicable)?

Your relationship status can have a significant impact on the Skilled visa process as additional points are now available depending on whether you have a partner and your partner’s profile.  At MSM Legal, our team of lawyers can also provide further documentation that may be required for some visas. Our Wills and Estate lawyers can assist you with documentation that supports the relationship between applicants and sponsors.

10.    Is your application as strong as it could be?

There are many ways MSM Legal can assist you to make your application stronger. We want to help you.

There may be other factors that influence the success of your application.  Our team of Registered Migration Agents has accumulated over 25 years of experience with visa applications.

Make sure you have every chance for a successful application. Enjoy peace of mind, knowing that your application is being handled by professional experts.

Call MSM Legal today, (08) 8161 5088.