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- Skilled Independent Visa
Skilled Independent Visa - Subclass 189 Visa Lawyers Sydney
The Skilled Independent Visa Subclass 189 is a points-tested permanent visa for invited skilled workers with an eligible occupation, a suitable skills assessment, and a competitive points score. PromptLaw’s Sydney migration lawyers manage every stage of your Subclass 189 application, from skills assessment and Expression of Interest through to lodgement and grant.
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- Eligibility
Requirements for the Subclass 189 Skilled Independent Visa
Nominated Occupation
Your nominated occupation must appear on the Medium and Long-term Strategic Skills List (MLTSSL). The occupation must accurately reflect your actual duties and qualifications as defined by the ANZSCO classification system. Our lawyers assess whether your role aligns with the correct ANZSCO code before you submit your Expression of Interest.
Skills Assessment and Work Experience
You must hold a positive skills assessment from the relevant assessing authority for your nominated occupation before submitting an Expression of Interest. The correct authority depends on your occupation. Our lawyers identify the correct authority, assess your eligibility, and advise on the evidence required for a successful outcome.
Age, Health and Character Requirements
Applicants must generally be under 45 years of age when invited to apply. All applicants and included family members must complete health examinations and provide police clearance certificates for countries where they have lived for 12 months or more in the past decade. Character concerns may require detailed legal submissions depending on the circumstances.
- Subclass 189 Pathway
How the Subclass 189 Skilled Independent Visa Process Works
Skills Assessment
Before submitting an Expression of Interest, you must usually obtain a suitable skills assessment for your nominated occupation. The correct assessing authority depends on your occupation, qualifications, and work history. Our lawyers review your documents and help you prepare a clear skills assessment file before your EOI is submitted.
Expression of Interest
Once your skills assessment and points evidence are ready, you can submit an Expression of Interest through SkillSelect. Your EOI must accurately declare your occupation, English score, qualifications, employment history, and any additional points you are claiming.
Invitation to Apply
You cannot lodge a Subclass 189 visa application unless you receive an invitation from the Department. Invitations are competitive and depend on your occupation, points score, and invitation round settings. Our team reviews your position before lodgement so your points claim is properly supported.
Visa Application Lodgement
After receiving an invitation, you must lodge your visa application within the required timeframe. We prepare your application, organise supporting documents, respond to Department requests, and guide you through health, character, and final decision stages.
- Documentation
Subclass 189 Visa Documents Checklist Australia
There is a significant amount of evidence required for the grant of a Subclass 189 visa. Much of the evidence you will need for the application would have been gathered for the Expression of Interest. A well-organised, complete application file is critical to a successful outcome.
Passport and Identity Documents
Provide a valid passport, birth certificate, and any supporting identity documents required for your application. All documents must remain valid throughout the processing period.
English Language Evidence
Provide your English language test results (IELTS, PTE Academic, TOEFL iBT, or OET), generally valid for three years from the test date. Your test result must match or exceed the score declared in your Expression of Interest.
Health and Character Documents
Complete your health examination through an approved panel physician and provide police clearance certificates, generally required for every country in which you have lived for 12 months or more in the past decade.
Qualifications and Skills Assessment
Provide your positive skills assessment from the relevant assessing authority, educational qualifications, academic transcripts, and professional registrations relevant to your nominated occupation.
Employment History Evidence
Include employment reference letters, contracts, payslips, tax records, and superannuation statements confirming your work experience and role history across the periods claimed in your points test.
Additional Points Evidence
Provide supporting documents for any additional points claimed, including Australian study completion records, NAATI accreditation certificates, or partner skills assessment and English language results where applicable.
- Processing Times
Subclass 189 Processing Times Sydney
Processing times for the Subclass 189 visa change regularly and depend on the Department’s current caseload, the completeness of your application, health checks, character checks, occupation demand, and whether further information is requested.
The Department of Home Affairs publishes indicative processing times through its visa processing time guide. These timeframes should always be checked before lodgement because they are not guaranteed decision dates.
A well-prepared application can reduce the risk of avoidable delays. PromptLaw helps organise your documents, check your points of evidence, and respond to Department requests as quickly as possible.
- Our Process
Our Step-by-Step Subclass 189 Application Proces
Consultation and Points Assessment
We assess your occupation, skills assessment status, English scores, work history, qualifications, and any additional points factors to produce a comprehensive points analysis. We identify every factor you may be entitled to claim and advise on the optimal timing of your EOI submission. All professional fees are confirmed in writing before engagement.
Skills Assessment and EOI Preparation
Where a skills assessment has not yet been obtained or requires strengthening, our lawyers prepare your assessment application strategically, aligning your employment evidence precisely with the ANZSCO duties for your nominated occupation. We then prepare and submit your Expression of Interest, ensuring every points factor is accurately declared and documented.
Application Lodgement and Monitoring
Once you receive an invitation, we prepare your complete Subclass 189 application and lodge through ImmiAccount within the required invitation timeframe. From that point, all Department correspondence is handled by PromptLaw. You will not face a government letter alone. We monitor your file and respond to any requests for further information promptly and precisely.
Representation and Outcome
If the Department raises concerns or requests further information, we respond with precision. If your application is refused, we advise you immediately on your available options and review rights.
- Specialised Legal Support
Subclass 189 Problems? Our Sydney Lawyers Resolve Difficult Cases
Adverse Skills Assessment Outcomes
A negative or deferred skills assessment does not necessarily end your Subclass 189 pathway. Our lawyers assess the grounds for review, prepare supplementary employment evidence, and where appropriate pursue formal reconsideration through the assessing authority or advise on alternative occupation strategies.
Low Points Score - Invitation Not Received
If your current points score is not generating invitations, our lawyers identify additional claimable points factors, assess alternative occupation codes, and advise on steps that can be taken to improve your competitive position in SkillSelect rounds, such as improving your English test score or completing an eligible Australian qualification.
Health Requirement Concerns
If a health issue arises during your Subclass 189 application, our lawyers review the Department's concerns, assess the medical evidence, and advise on the available legal options. Depending on your circumstances, this may involve responding to Department requests, correcting factual issues, preparing supporting submissions, or considering alternative visa pathways where appropriate
Character Issues and Criminal Records
A prior conviction does not automatically end your Subclass 189 prospects, but it must be handled carefully. We prepare section 501 character submissions, liaise with law enforcement where required, and present your case in the strongest possible terms.
Visa Refusals and ART Appeals
Some refused Subclass 189 applications may be reviewable at the Administrative Review Tribunal, depending on the applicant's circumstances, location, visa status, and the details of the refusal decision. Strict time limits apply, and missing the deadline in your refusal letter may remove your review rights. PromptLaw advises on refusals as a matter of urgency. If you have received a refusal, contact us immediately.
Points Discrepancies Between EOI and Application
Where the points declared in your EOI cannot be fully substantiated at the application stage, our lawyers advise on the most appropriate approach to presenting your evidence and, where necessary, prepare submissions addressing any identified discrepancies to protect your application.
- Why CMI Legal
Why Sydney Clients Choose Our Team
Prompt response guarantee
We aim to respond to every enquiry on the same business day.
Sydney-based legal team
Local knowledge of the Department, the Administrative Review Tribunal, and Sydney's migration landscape, not an offshore call centre.
Fixed and transparent legal fees
Confirmed in writing before you engage. No hourly billing surprises, just clear upfront pricing confirmed before we start work on your file.
MARA-registered lawyers only
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
Full-service law firm
If your matter touches property, commercial, employment, or other legal issues alongside migration, we handle it all within the same firm, with no referrals required.
Direct lawyer access
You receive direct access to the lawyer or migration professional handling your matter.
- What Our Clients Say
Client Testimonials and Reviews
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- FAQs
Frequently Asked Questions
What is a Skilled Independent Visa Subclass 189?
The Subclass 189 is a points-tested permanent visa for skilled workers in occupations listed on the MLTSSL. It does not require employer sponsorship or state nomination and allows holders to live and work anywhere in Australia indefinitely. Applicants must submit an EOI through SkillSelect, receive an invitation, and lodge a complete application within the required timeframe.
What is the difference between the Subclass 189 and Subclass 190 skilled visas?
The Subclass 189 does not require employer sponsorship or state nomination and allows you to live and work anywhere in Australia. The Subclass 190 is a Skilled Nominated Visa that requires nomination by an Australian state or territory government, which attracts an additional five points, but generally requires you to live in the nominating state for a period after grant. For applicants whose 189 score is not yet competitive, the 190 can provide a more accessible permanent residence pathway.
Is the 189 visa hard to get?
The Subclass 189 is competitive. The minimum score to submit an EOI is 65 points, but invitations in most occupations require scores significantly higher than this. The competitive threshold varies by occupation and changes each round. Our lawyers assess your position in current SkillSelect rounds and advise on every available step to improve your score before you submit your EOI.
How many points is the Skilled Independent Visa Subclass 189?
The minimum points required to be eligible to submit an Expression of Interest is 65 points. The actual score required to receive an invitation is determined by competition in each SkillSelect round and is typically well above 65. Our lawyers conduct a comprehensive points analysis to identify every factor you may be entitled to claim.
How long is a 189 visa valid for?
The Subclass 189 is a permanent visa. It grants permanent residence from the date of grant with no expiry. The travel facility attached to the visa is valid for five years from the date of grant, after which a Resident Return Visa may be required to re-enter Australia as a permanent resident.
Do I need to be in Australia to apply for the Subclass 189?
No. The Subclass 189 can be applied for either onshore or offshore. You do not need to be in Australia at the time of lodgement. However, you must meet all eligibility requirements regardless of your location at the time of application.
What happens if my Subclass 189 is refused?
Some refused Subclass 189 applications may be reviewable at the Administrative Review Tribunal, depending on the applicant’s circumstances, location, visa status, and the details of the refusal decision. Strict time limits apply. PromptLaw advises on refusals as a matter of urgency. If you have received a refusal, contact us immediately.
How much does a Subclass 189 lawyer cost in Sydney?
Our professional fees vary depending on the complexity of your circumstances, whether a skills assessment is required, and the number of dependents included in your application. All fees are fixed and confirmed in writing before engagement, with no hourly billing. We provide a full fee breakdown during your initial consultation.
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