Migration Law

Australia offers several skilled migration pathways under the General Skilled Migration (GSM) program for qualified professionals who wish to live and work here permanently. Two of the most common are the Skilled Independent Visa (subclass 189) and the Skilled Nominated Visa (subclass 190). The 189 visa allows you to live and work anywhere in Australia without requiring state or employer sponsorship. The 190 visa, meanwhile, requires nomination by a state or territory government and an agreement to live and work in that state for at least two years. Both are points-tested visas requiring a minimum of 65 points based on age, English ability, qualifications, and work experience. Our migration lawyers can assess your eligibility and help determine which pathway best suits your situation.

While both the 189 and 190 visas offer permanent residency, the key difference lies in nomination and residency commitments. Both visas require at least 65 points to apply, but the 190 visa gives you an additional 5 points for state nomination - both are permanent visas with access to Medicare and a pathway to citizenship.

• Subclass 189 - Skilled Independent Visa: No nomination required. You can live and work anywhere in Australia. Ideal for applicants who meet the points threshold independently.
• Subclass 190 - Skilled Nominated Visa: Requires nomination from a state or territory government. You must commit to living and working in that state for at least two years after your visa is granted.

Yes. You can include eligible family members when you lodge your visa application or any time before a decision is made. Once granted, your family members will have the same rights as you, including the ability to live, work, and study in Australia and access Medicare.

Processing times vary depending on the visa subclass, your country of residence, and the completeness of your application. Subclass 189 and 190 visas can take several months. Our team provides realistic timelines and keeps you informed about any updates from the Department of Home Affairs.

If your visa is refused, you may be able to appeal to the Administrative Review Tribunal (ART) or seek a judicial review. Strict time limits apply, so it's important to act quickly. Our migration lawyers can advise you on your review options and assist throughout the process.

Bring any correspondence from the Department of Home Affairs, copies of your current or previous visas, passport, qualifications, and employment evidence. If you've completed an eligibility or skills assessment, please bring those results as well. These documents help us provide tailored advice on your 189 or 190 visa eligibility.

You can complete an eligibility assessment with our team to understand whether you meet the minimum 65-point requirement for a skilled visa. It isn't a visa application, but it helps identify where you can improve your points or documentation before lodging an Expression of Interest (EOI).

We handle all personal information in line with Australian privacy laws and legal ethics. Your documentation and communication with us are stored securely and treated with the highest level of confidentiality.

There are a number of steps involved in sponsoring a visa for an overseas worker, and our team has many years of experience helping clients with this process. Overseas workers are essential in many sectors of the Australian workforce, and our team regularly provides guidance and advice on applications and helps resolve disputes and visa refusals.