Immigration Lawyers › Skilled Migration
Skilled Migration Lawyers — Points, EOI & Invitation to Apply.
Australia's points-tested skilled migration programme — including the Skilled Independent (subclass 189), Skilled Nominated (subclass 190), and Skilled Work Regional (subclass 491) visas — offers permanent and long-term residency for skilled workers. The pathway requires a skills assessment, an Expression of Interest (EOI) in SkillSelect, and an invitation to apply. A lawyer maximises your points score and ensures your application is lodged accurately.
⚠ Invitations to apply must be accepted and the visa lodged within 60 days of the invitation date. Applications lodged after the invitation expires cannot proceed. Get your EOI strategy right first.
What We Help With
Skilled migration — every pathway assessed.
Subclass 189 — Skilled Independent
The Skilled Independent visa is a permanent residence visa for skilled workers who are not sponsored by an employer or nominated by a state — the most competitive pathway. An invitation to apply is based purely on the applicant's points score. Points cutoffs fluctuate with demand and the Department's programme settings.
Subclass 190 — Skilled Nominated
The Skilled Nominated visa requires state or territory nomination — which adds 5 points to the applicant's score and typically allows invitation at a lower base points score. Each state runs its own nomination programme with specific occupation requirements and criteria.
Subclass 491 — Skilled Work Regional (Provisional)
The Skilled Work Regional visa is a provisional 5-year visa for skilled workers willing to live and work in regional Australia. It can be sponsored by a state/territory or a family member. After 3 years in regional Australia with a minimum income threshold met, the holder can apply for permanent residence (subclass 191).
Skills Assessments
Before an EOI can be submitted, applicants must obtain a positive skills assessment from the relevant assessing authority for their occupation (e.g., Engineers Australia, ACS, VETASSESS, AHPRA, TRA). A lawyer advises on the correct assessing body, the evidence required, and how to respond to a negative or unfavourable skills assessment.
Expression of Interest (EOI) — SkillSelect
An EOI submitted through SkillSelect requires an accurate points claim — incorrect claims can result in invitation on false premises, which can then lead to a visa refusal or cancellation for misrepresentation. A lawyer reviews the points claim before submission to ensure accuracy.
State Nomination — Applications and Strategy
State nomination programmes are highly competitive and change frequently. Each state has specific occupation lists, minimum points requirements, and skills shortages it is seeking to address. A lawyer advises on the state nomination landscape, identifies the states most likely to nominate for a particular occupation and skills profile, and assists with the state nomination application.
What the Law Says
Skilled migration — how the points test and SkillSelect work.
The points test — how points are calculated
Points are awarded across multiple factors: age (25–32 years = 30 points, reducing for older applicants); English language ability (superior English on IELTS/PTE = 20 points, proficient = 10 points); skilled employment experience (in Australia and overseas, in the nominated occupation); educational qualifications (PhD = 20 points, bachelor = 15 points); partner skills and English; Australian study; professional year; and NAATI accreditation. The minimum points required for an invitation fluctuates — commonly between 65 and 100 points — depending on demand for the occupation and the Department's programme settings.
The Skilled Occupation List — which occupations qualify
Only occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL), or the Regional Occupation List (ROL) qualify for skilled migration. The lists are updated regularly by the Department. An occupation must be assessed as a suitable match for the applicant's qualifications and experience by the relevant assessing authority. The list an occupation appears on determines which visa subclasses are available — MLTSSL occupations qualify for 189, 190, and 491; STSOL and ROL occupations for 190 and 491 only.
SkillSelect — invitation rounds and timing
Invitations to apply are issued in monthly rounds through the SkillSelect system. In each round, the Department issues a set number of invitations — ranked by points score and, where scores are tied, by the date the EOI was submitted. Applicants with the highest scores are invited first. After receiving an invitation, the applicant has 60 days to lodge the visa application. Monitoring the points score required for invitation in your occupation is important — a lawyer advises on realistic timelines and strategies to improve your points.
Misrepresentation — the risk of overclaiming points
Submitting an EOI with a falsely inflated points claim — overclaiming work experience, education, or English language ability — is misrepresentation and a serious breach of the Migration Act. A visa granted on the basis of a false points claim can be cancelled, and the person can be barred from future visa applications for a defined period. Every points claim in an EOI must be supported by genuine documentary evidence. A lawyer reviews the points claim and advises on what claims can and cannot be substantiated.
English language requirements
Skilled visa applicants must demonstrate at least competent English — typically an IELTS score of 6.0 in each band, or equivalent in PTE, TOEFL, or OET. Superior English (IELTS 8.0 in all bands) attracts 20 points; proficient English (IELTS 7.0 in all bands) attracts 10 points. Some applicants — including citizens of the UK, USA, Canada, Ireland, and New Zealand — are exempt from the English language test requirement. A lawyer advises on the most advantageous English test to sit based on the applicant's language profile.
Health and character requirements
All skilled visa applicants must meet health and character requirements. Health assessments are conducted by panel physicians appointed by the Department — results are transmitted directly to the Department without being disclosed to the applicant. Character requirements include providing police clearances from all countries where the applicant has lived for 12 months or more in the past 10 years. Health and character waivers are available in limited circumstances. A lawyer advises on the implications of any health condition or character issue and whether a waiver is likely to succeed.
How It Works
One request. A free points and pathway assessment.
Tell us your occupation, age, qualifications, English score, and work experience. A skilled migration specialist will calculate your likely points score and advise on the best pathway.
Submit Your RequestTell us your background
Tell us your occupation, nationality, age, qualifications, English test score, and years of skilled work experience in Australia and overseas.
Matched to a skilled migration specialist
Your request is matched to a registered migration agent or immigration lawyer with experience in skilled migration EOI strategy, skills assessments, and state nomination.
Free points assessment and pathway advice
A skilled migration specialist calculates your points score, advises on the most likely pathway to invitation, and identifies any strategies to improve your score.
Common Questions
Skilled migration — frequently asked questions.
How many points do I need to get an invitation?
The points required vary by occupation and change with each invitation round. For the most competitive occupations, points cutoffs have been as high as 90–100 in some rounds. For less contested occupations, invitations at 65–70 points are common. Points cutoff data is published by the Department after each invitation round. A lawyer tracks the current invitation trends for your occupation and advises on whether your current points score is sufficient or whether improvements should be made before submitting the EOI.
My occupation isn't on the skilled occupation list — what are my options?
If your occupation is not on the MLTSSL, STSOL, or ROL, points-tested skilled migration may not be available. Alternatives include: employer-sponsored visas (TSS 482, ENS 186) if you have a sponsoring employer; Business Innovation and Investment visas for business owners and investors; Global Talent visa for exceptionally talented individuals in target sectors; or partner visas if you have an Australian partner. A lawyer assesses the full range of visa pathways available based on your complete skills profile and personal circumstances.
Can my partner's skills and qualifications improve my points score?
Yes. The points test awards 10 points for a partner who: holds a skills assessment in an occupation on the skilled occupation list; meets the competent English requirement; and is under 45 years of age. Partners who do not meet all three conditions do not attract the 10 partner skills points but may instead attract 5 points for being under 45 with competent English. A lawyer advises on whether the partner qualifies for the partner skills points and, if not, whether there is any merit in investing in a skills assessment or English test to claim them.