General Skilled Migration & Employer Sponsored Visas
Australia’s Skilled Migration program seeks to encourage young, motivated and highly skilled people to Australia with the anticipation that all successful applicants will contribute to strengthening and widening Australia’s skilled workforce and in turn contribute to the Australian economy.
The program is divided into two distinct categories:
1. Skilled Occupation List
2. Visas for Innovation (Global Talent Program)
Skilled Occupation List
One of the key requirements of the program is to have a skilled occupation.
There are three skilled occupation lists under the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Your occupation must be on one of them.
The three lists are as follows:
Short Term Skilled Occupation List (STSOL)
Medium and Long-Term Strategic Skills List (MLTSSL)
Regional Occupation List (ROL)
It is important to note that occupations in these lists can vary significantly depending on the type of skilled migration visa you apply for and can change over time. For instance, subclass 494 has 216 occupations in MLTSSL and 434 in ROL, while subclass 491 has only 212 in MLTSSL and 77 in ROL.
An 'occupation ceiling' may be also applied to invitations issued under subclasses 189 and 491, which means there are upper limits on how many EOIs can be invited for these visa subclasses, resulting in competition among applicants.
Therefore, it is recommended that you talk to one of our professional consultants to find out the latest updates and visa options available to you.
Meanwhile, we have also summarised the main visa options under the Skilled Occupation List for you to explore.
Skilled Nominated visa (subclass 190)
Employer Nomination Scheme visa (subclass 186)
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Temporary Skill Shortage Visa (subclass 482)
Permanent Residence (Skilled Regional) visa (subclass 191) (Commencement dates: 5 March 2022 for Hong Kong or BNO passport holder with a 457/482/485 visa; 16 November 2022 for other applicants)
What are the differences between these types of visas?
Visa subclasses under the Skilled Occupation List can be categorised into points tested visas and employer sponsored visas.
Points Tested Visas
Visa subclasses 189, 190, and 491 are all points tested visas. They share some common grounds in selection criteria.
Applicants must:
be under the age of 45
have at least competent English
have an occupation on the relevant list of eligible skilled occupations
have a suitable skills assessment for the occupation
score at least 65 points in the points test
However, these visa subclasses also show many differences.
Skilled Independent visa (Subclass 189)
Subclass 189 is a permanent visa that gives you the flexibility to work and live in any part of Australia. You can apply for the visa onshore and offshore. Once granted, there are no conditions attached to it. The visa is so beneficial that it is one of the most competitive visas to apply. Only certain professionals are eligible due to limited occupations on the MLTSSL list.
Meanwhile, the ‘occupation ceiling’ imposed by the Australian Government also creates a race for points - applicants with higher points receive invitations first. Although subclass 189 requires only 65 points, the latest update from the Department of Home Affairs shows that a minimum score of 80 points is needed (effective from July 2019).
Skilled Nominated visa (Subclass 190)
Subclass 190 is also a permanent visa similar to subclass 189. However, applicants are not invited to apply by the Federal Government but rather by a State or Territory Government. Subclass 190 comes with an advantage of extra 5 points under a State or Territory nomination.
Each State and Territory Government has its own preference and requirements for the applicants. Individuals must have their occupations on the State or Territory lists in addition to the Skilled Occupation List. For example, Victoria only invites talented individuals who are currently residing in Victoria and working in a Victorian target sector using STEMM skills.
Skilled Work Regional visa (Subclass 491)
Subclass 491 is a provisional visa that allows you to live in Australia for five years. It is similar to subclass 190 which requires a State or Territory nomination, but you can also be sponsored by an eligible relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen and resides in a regional area of Australia. A nomination or sponsorship gives you an additional 15 points in the points test. To apply for a permanent residency through the subclass 191 pathway, individuals require to reside in the designated regional area for 3 years and meet income requirements.
Employer Sponsored Visas
Employer Nomination Scheme visa (subclass 186)
Subclass 186 is a permanent visa that allows you to live and work anywhere in Australia. Unlike points tested visas, applicants of subclass 186 must be nominated by an Australian employer.
There are three streams under this visa:
1. Direct Entry stream
Your occupation must be on the list of eligible skilled occupations. You are also required to pass a skills assessment to show that you have adequate skills to work in the nominated occupation. Having three years of work experience and competent English are also part of the selection criteria for this stream.
2. Labour Agreement stream
You may be eligible to apply through the Labour Agreement stream if you currently work or will work for a nominating employer who is part of a labour agreement.
3. Temporary Residence Transition stream
If you have worked full-time for your employer for at least 3 years and hold a 457, TSS, or related bridging visa, then you may be eligible to apply through this stream.
Skilled Employer Sponsored Regional visa (subclass 494)
Subclass 494 is a temporary visa with 5-year validity.
There are two main streams under this visa:
1. Employer Sponsored stream
Similar to subclass 186, applicants of visa subclass 494 must be nominated by an approved Australian employer. You must work and live in a designated regional area of Australia for at least 3 years to access permanent residency through the subclass 191 pathway. To be eligible for subclass 191, you must also have an income of AUD 53,900 annually for 3 years. You do not need to be nominated by an employer for subclass 191.
[UPDATE] The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $53,900 to $70,000 from 1 July 2023.
2. Labour Agreement stream
Your employer must have a labour agreement that includes an option for permanent residence under this visa program. You can live and work in Australia for up to 5 years. If eligible, you can apply for Permanent Residence (subclass 191) after 3 years from the time subclass 494 is granted.
Temporary Skill Shortage visa (subclass 482)
Subclass 482 (TSS) also requires sponsorship from an eligible Australian employer. Although it is a temporary visa, its advantage lies in minimal standards for English language and work experience in a nominated occupation or relevant field.
There are three streams under subclass 482:
1. Short-term stream
Your occupation must be on the Short-Term Skilled Occupation List (STSOL). The visa is valid for 2 years or up to 4 years if an International Trade Obligation (ITO) applies.
[UPDATE] From 1 July 2022, existing 482 TSS visa holders in the short-term (STSOL) occupation stream may be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Subclass 186 Employer Nomination Scheme (ENS) visa.
2. Medium-term stream
Your occupation must be on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). The visa is valid for up to 4 years. You may have a permanent residency pathway through subclass 186 under this stream.
3. Labour Agreement stream
Your employer must have a labour agreement and you must be nominated to work in a specified occupation under the terms of a Labour Agreement. The visa is valid for up to 4 years Your employer could also sponsor you for permanent residence through subclass 186.
[UPDATE] According to the Migration Legislation Amendment (Hong Kong) Regulations 2021 which was released on 29 Oct 2021, Hong Kong and BNO passport holders with a 482 visa can have a direct permanent residency pathway through visa subclasses 189 or 191.
For 189 visa pathways, applicants are required to live and work in Australia for 4 years.
For 191 visa pathways, a minimum 3-year commitment in a designated regional part of Australia is essential.