skilled independant migrant visa subclass 175

8/9/2019 Skilled Independant Migrant Visa Subclass 175

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Independent Permanent Migration - The Points TestSkilled Independent Migrant Visa Subclass 175

An Australian Skilled Independent Migrant Visa Subclass 175 is the most beneficial visa toapply for as it allows you to remain permanently in Australia to live, work and study and, if

you wish, to gain Australian citizenship.

Gaining permanent residency independently in Australia means that you have gained your

Australian Skilled Independent Migrant Visa Subclass 175 without the sponsorship orsupport of either a state or regional body or a family member and have passed the points

test on the basis of satisfying the criteria for award of points as set out below in this

article.

The pass mark for grant of the Australian Skilled Independent Migrant Subclass 175permanent residence visa is 120 points.

Generally speaking, to be eligible for Australian permanent residence you will need to have

formal qualifications and at least 12 months work experience in your trade, profession or

skilled occupation in the 24 months immediately before your Australian Skilled IndependentMigrant Visa Subclass 175 application is lodged. You must also be able to prove throughproviding an International English Language Testing System score, that you have adequate

English to work in your nominated trade, profession or skilled occupation. You must also beunder 45 years of age.

Visa application can be lodged inside or outside of Australia

An application for the Australian Skilled Independent Migrant Visa Subclass 175 can be

lodged inside or outside of Australia but the application is considered an offshore

application which means that, even if you lodge the application in Australia, you will have toleave Australia to pick up your visa.

It also means that, unless you have another visa which allows you to remain in Australiawhile a decision is made, you you will also have to leave Australia to await your decision.

This is because no bridging visa attaches to this application.

The Assessment Criterion - scoring 120 points

Calculating your points accurately and categorising your trade, profession or skilled

occupation correctly is the key to successfully applying for the Australian SkilledIndependent Migrant Visa Subclass 175. An error in either of these areas often leads to the

visa being refused.

Points are awarded to an applicant on the basis of the following criteria

Age (15-30 points available)

You must be under 45 years of age when you apply for the Australian Skilled IndependentMigrant Visa Subclass 175 or your application will be refused.

Age points are awarded in accordance with the following scale
http://www.immi.gov.au/skilled/general-skilled-migration/175/http://www.tcilawyers.com.au/http://www.tcilawyers.com.au/http://www.immi.gov.au/skilled/general-skilled-migration/175/


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Up to the age of 29 years 30 points are awarded,30 34 years old 25 points are awarded

35 39 years old 20 points are awarded40 44 years old 15 points are awarded

English language (15-25 points available)

To work in a trade, profession or skilled occupation in Australia the Department of

Immigration and Citizenship requires you to prove, through providing an InternationalEnglish Language Testing System score, that you have adequate English to work in your

nominated trade, profession or skilled occupation.

Points are awarded as follows

If you nominate a trade occupation -

15 points for scoring International English Language Testing System score 5 acrossthe 4 major bands,

For all other nominated occupations or professions

15 points for scoring International English Language Testing System score 6 acrossthe 4 bands (competent English)

25 points for scoring International English Language Testing System score 7 acrossthe 4 bands (proficient English)

The actual level of English required for each designated trade, profession or skilledoccupation may further vary depending on the relevant assessing bodys English language

requirements for each occupation they are assessing.

You must submit the evidence of your International English Language Testing System scorewhen you lodge your application for the Australian Skilled Independent Migrant VisaSubclass 175 so you will need to have your English skills tested before you apply unless you

hold a passport issued by:

the United Kingdom; the United States of America;

Canada; Ireland; or

New Zealand.

Nominated occupation (40-60 points available)

A maximum of 60 points to a minimum of 40 points are awarded in respect of the trade,profession or skilled occupation that you nominate in your Australian Skilled Independent

Migrant Visa Subclass 175 application.

Your application must nominate a trade, profession or skilled occupation that must be on

the Department of Immigration and Citizenship Skilled Occupation List, which can be foundathttp://www.immi.gov.au/allforms/booklets/1121i.pdf
http://www.immi.gov.au/allforms/booklets/1121i.pdfhttp://www.immi.gov.au/allforms/booklets/1121i.pdf


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The points awarded to each particular trade, profession or skilled occupation are set out onthe Department of Immigration and Citizenship Skilled Occupation List. This list is updated

from time to time so make sure you are looking at the current list.

Note: If your occupation is not on the Department of Immigration and Citizenship SkilledOccupation List, then you cannot apply. Also note that if your skills, qualifications and work

experience are not relevant to the occupation that you nominate, your Australian SkilledIndependent Migrant Visa Subclass 175 application will most likely not be successful.Relevance is obvious in most cases but may be an essential issue to an application that

needs careful assessment.

Whether you are, or are not, a professional in your nominated trade, profession or skilled

occupation is determined by the relevant assessing body designated to assess your skillsand qualifications for the purposes of your Australian Skilled Independent Migrant Visa

Subclass 175 application. The details of these assessing bodies are also set out on theDepartment of Immigration and Citizenship Skilled Occupation List: see further below.

Qualifications and Positive skills assessment (No points available a basic

requirement)

To apply for an Australian Skilled Independent Migrant Visa Subclass 175 on the basis of

points, it is a general rule that you must have been awarded a post secondary qualification

which is at least equivalent to an Australian Bachelors degree (or higher), diploma or tradequalification (Australian Qualifications Framework certificate III or IV).

You must have your skills assessed, and have a positive outcome, by the relevant assessingauthority as suitable for working in your nominated occupation: see the Department of

Immigration and Citizenship Skilled Occupation List for the nominated assessing body foryour occupation.

An Australian Skilled Independent Migrant Visa Subclass 175 applicant with extensive skilledwork experience may be eligible without post secondary qualifications but this would need

to be assessed on a case by case basis and would be very much an exception to the rule inthe current political and policy environment.

Specific Employment Qualifications (5-10 points available)

If you can establish that you have worked for 3 years out of the 4 years immediately prior

to the date you lodge your Australian Skilled Independent Migrant Visa Subclass 175application the following points are available -

10 points if you have nominated a 60 point occupation, 5 points if you have nominated a 50 point occupation.

However, for some skilled occupations you may need to have a longer period thanthe 12-months minimum of specific work experience to be issued with a skills assessment

and therefore be eligible for the grant of the Australian Skilled Independent Migrant VisaSubclass 175.

Australian Employment Qualifications (10 points available)


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10 points are available if you can establish that you have worked in Australia in yournominated trade, profession or skilled occupation for at least 12 months of the 4 years

immediately prior to the date you lodge your Australian Skilled Independent Migrant VisaSubclass 175 application then the following points are available

10 points if you have nominated a 60 point occupation,

5 points if you have nominated a 50 point occupation.

Recent work experience (No points available a basic requirement)

You must provide evidence that you have been in paid employment in your nominated

trade, profession or skilled occupation, being an occupation which is on the Department ofImmigration and Citizenship Skilled Occupation List, for a minimum of 12 months in the 24

months immediately prior to the date that you lodge the Australian Skilled IndependentMigrant Visa Subclass 175 application.

If you have not worked for at least this 12-month period in the 2 year period before thedate you apply for the Australian Skilled Independent Migrant Visa Subclass 175, you

cannot apply under this permanent residence pathway. As an example, you may haveworked for 8 out of the last 10 years in your nominated trade, profession or skilledoccupation but have only worked 6 months in the last 2 years before you apply. You would

therefore not be eligible to apply for the Australian Skilled Independent Migrant Visa

Subclass 175.

However, for some trades, professions or skilled occupations you may need to have a longer

period than the 12-months minimum of specific work experience to be issued with a skillsassessment and therefore be eligible for the grant of the Australian Skilled Independent

Migrant Visa Subclass 175.

Migration Occupation in Demand Qualifications (15-20 points available)

If your nominated trade, profession or skilled occupation is one that is on the Department ofImmigration and Citizenship Migration Occupation in Demand List, the following points are

available 20 points - You have worked at least 12 months of the last 4 years in that trade,

profession or skilled occupation and have an offer of full time employment from an employer

that employs 10 or more full time staff. 15 points - You have worked at least 12 months of the last 4 years in your

nominated trade, profession or skilled occupation and your occupation is on the Department

of Immigration and Citizenship Migration Occupation in Demand List.

Other points available

Language Points

5 points are available if you have either

completed the equivalent to an Australian Bachelors Degree in a language other thanEnglish, or

are an Accredited (Level 3) interpreter by the National Accreditation Authority forTranslators and Interpreters.


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Partner Skills points

5 points are available if your partner is also a skilled and qualified professional and canmeet further requirements set down by the Department of Immigration and Citizenship.

Conclusions

When looking to gain a permanent residence visa the skilled independent pathway should bethe first option considered by all skilled migrants seeking to secure a future in Australia.

However, the Australian Skilled Independent Migrant Visa Subclass 175 application processand the law which lies behind it, are very complex.

Any person making this application without the advice and assistance of a specialistimmigration lawyer, even if only for an initial consultation to confirm your own assessment,

faces a very real chance of making essential errors that will lead to the refusal of theAustralian Skilled Independent Migrant Visa Subclass 175 application and may mean the

loss of the opportunity to enjoy a future in Australia.

Accordingly, It is our strongest recommendation that specialist immigration lawyers areinstructed to assist you with the Australian Skilled Independent Migrant Visa Subclass 175application process to maximize your chances of success.

This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the

law. It is meant to be indicative only and a general informative guide to the visa application process.

skilled independant migrant visa subclass 175

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