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How can skilled migrants get permanent residency in Australia?

Posted By  
01/01/2026
00:00 AM

This is one of the most important questions skilled professionals ask when planning a long-term move to Australia. The skilled migration program offers multiple pathways for eligible applicants, especially through subclasses 189, 190, and 491. With high demand for skilled workers, strong employment opportunities, and a structured points-test system, Australia remains one of the most attractive destinations for migrants seeking permanent residency, and many applicants seek guidance from experienced firms such as DINA Lawyers during the process. 

Understanding the Skilled Migration Pathway 

What is the General Skilled Migration (GSM) Program? 

The General Skilled Migration (GSM) program is Australia’s main pathway for skilled workers who do not have an employer sponsor. It is points-tested and targets individuals with qualifications, experience, and skills needed in the Australian labour market. 

GSM includes key visa subclasses like 189, 190, and 491, all of which may lead to permanent residency. 

Why Australia Needs Skilled Migrants 

Australia faces skill shortages across many sectors, including health, engineering, ICT, trades, and professional services. Skilled migrants help fill these gaps, boost productivity, and support economic growth. 

Benefits of Australian Permanent Residency 

Holding Australian PR provides: 

  • The right to live and work anywhere in Australia 
  • Access to Medicare 
  • Eligibility for certain social benefits 
  • Opportunity to apply for Australian citizenship 
  • Ability to sponsor eligible family members 
  • Access to high-quality education and career opportunities 

How the Points Test Shapes PR Eligibility 

The points test assesses key factors such as age, English proficiency, qualifications, work experience, and state nomination. Invitations are issued to high-ranking candidates, meaning maximising points is critical. 

Key Skilled Migration Visa Subclasses for PR 

Subclass 189: Skilled Independent Visa 

The 189 visa is a permanent visa that does not require state or employer sponsorship. It is suitable for occupations listed on the MLTSSL (Medium and Long-Term Strategic Skills List). Invitations for this visa are extremely competitive. 

Subclass 190: Skilled Nominated Visa (NSW Specifics) 

The 190 visa is a permanent PR visa available to skilled workers nominated by an Australian state or territory here, New South Wales (NSW). 

NSW nomination requirements 

  • Your occupation must appear on the NSW Skilled Occupation List 
  • You must meet NSW residency or employment requirements (stream-specific) 
  • Competitive points, often above 85 
  • Strong English language skills 
  • Valid skills assessment 

NSW occupation list 

NSW updates its list regularly, targeting occupations in engineering, healthcare, ICT, construction, and professional sectors. 

Additional points for nomination 

Being nominated for a 190 visa gives applicants an automatic 5-point boost, significantly improving EOI competitiveness. 

Subclass 491: Skilled Work Regional (Provisional) Visa 

The 491 visa is a 5-year provisional visa that leads to PR after meeting residency and income requirements. It is designed for applicants willing to live and work in regional NSW. 

Eligibility Criteria for Skilled PR 

Age and Points Requirements 

Applicants must be under 45 at the time of invitation. 

Minimum points required: 65, but competitive scores for NSW are generally 85+. 

English Language Proficiency (IELTS/PTE) 

Commonly accepted tests include: 

  • IELTS 
  • PTE Academic 
  • TOEFL iBT 
  • Higher English scores yield more points, especially for PTE 79+ or IELTS 8. 

Skilled Occupation Lists (MLTSSL/STSOL/RoL) 

Applicants must nominate an occupation from one of the following lists: 

  • MLTSSL – for subclass 189 & 491 family stream 
  • STSOL – for subclass 190 
  • Regional Occupation List (ROL) – for 491 regional visas 

Skills Assessment: A Critical Step 

Why Skills Assessment Is Required 

A skills assessment verifies that your qualifications and work experience meet Australian standards. It is mandatory for all GSM visas. 

Recognized Assessing Authorities 

Based on occupation, your assessing authority may include: 

  • VETASSESS 
  • Engineers Australia 
  • ACS (Australian Computer Society) 
  • ANMAC (Nursing) 
  • TRA (Trades Recognition Australia) 

Documents Required for a Successful Assessment 

Typical requirements include: 

  • Degree certificates and transcripts 
  • Employment reference letters 
  • Payslips and taxation records 
  • CV/resume 
  • English language results 
  • Identification documents 

Common Errors that Lead to Assessment Failures 

  • Insufficient or vague employment references 
  • Incorrect ANZSCO code selection 
  • Lack of evidence for paid employment 
  • Unaccredited qualifications 
  • Missing documents 

Expression of Interest (EOI) & Points Test Breakdown 

Creating an EOI in Skill Select 

Applicants must lodge an EOI on Skill Select by providing: 

  • Personal details 
  • Skills assessment number 
  • English scores 
  • Education 
  • Work experience 
  • Partner details 
  • Preferred states for nomination 

Invitation Rounds and Ranking Process 

EOIs are ranked based on points. The Australian Government and states regularly review EOIs and issue invitations to the highest-scoring applicants. 

How to Increase Your Points Score 

English: 

Higher scores in IELTS/PTE can add up to 20 points. 

State nomination: 

NSW nomination adds 5 points (190) or 15 points (491). 

Work experience: 

Overseas + Australian experience significantly improves ranking. 

Partner points: 

Having a skilled partner can add 5–10 points. 

Step-by-Step PR Application Process 

Receiving an Invitation to Apply 

Once invited, applicants have 60 days to lodge their PR application. Ensure all documents are ready before receiving the invitation. 

Uploading Supporting Documents 

Applicants must provide: 

  • Skills assessment 
  • English results 
  • ID documents 
  • Work experience evidence 
  • Relationship documents (if applicable) 
  • State nomination confirmation 

Biometrics, Health Exams & Police Checks 

After lodging, applicants may be required to undergo: 

  • Medical examinations 
  • Biometrics 
  • Police clearance certificates from all countries lived in for 12+ months 

NSW-Focused PR Opportunities 

NSW Skilled Occupation List 

NSW targets high-skill professionals in fields such as: 

  • ICT 
  • Healthcare 
  • Engineering 
  • Construction 
  • Finance 

Regional NSW Pathways (491 Streams) 

NSW’s regional migration streams offer three broad pathways: 

  1. Regional work experience pathway 
  2. Regional study pathway 
  3. Occupation-based pathway 

Why NSW is Highly Competitive for Skilled Migrants 

  • Large population and strong job market 
  • High demand for skilled migrants 
  • Limited nomination spots 
  • Higher points threshold compared to other states 

What to Do If Your Skilled PR Application Is Refused 

AAT Review Options for Visa Refusals 

If your visa is refused, you may seek a merit review through the Administrative Appeals Tribunal (AAT). 

Documents Needed for an Appeal 

Commonly required documents include: 

  • Visa refusal letter 
  • New or updated supporting evidence 
  • Statements addressing refusal reasons 
  • Skills assessment or employment records 

Timeframes and Lodgement Requirements 

Time limits are strict (often 21 days). Missing the deadline usually results in lost appeal rights. 

When to Seek Legal Advice from a Migration Lawyer 

Legal advice is recommended for refusals involving: 

  • Character issues 
  • Health concerns 
  • Complex work experience 
  • Misinterpretation of evidence 
  • In such situations, consulting experienced immigration lawyers can help clarify your options and strengthen your case. 

Expert Tips to Maximise PR Success 

Start the skills assessment early 

A skills assessment is one of the most time-sensitive steps in any skilled migration process. Different assessing authorities such as ACS, Engineers Australia, VETASSESS, AITSL, or TRA have varying processing times that can range from a few weeks to several months. 
Starting early ensures you have enough time to gather employment evidence, qualifications, reference letters, and any additional documents the assessing body may request. Early preparation also gives you a buffer period if the assessor asks for further information (RFI), which is common. 
Beginning this step early can prevent delays in lodging your Expression of Interest (EOI) and help you take advantage of invitation rounds when occupation ceilings are favourable. 

Double-check points before lodging EOI 

Your EOI reflects the points you claim, but every point must be proven with documentation at the visa stage. 
Incorrectly claimed points whether for age, English language proficiency, work experience, or qualifications can lead to visa refusal even after receiving an invitation. 
A single overlooked detail, such as overlapping work periods, outdated English test results, or misinterpreted qualification equivalency, can invalidate your score. 

Improve English test score for more points 

English proficiency is one of the easiest and most controllable factors for increasing your total points. 
Upgrading from “Competent” to “Proficient,” or from “Proficient” to “Superior,” can add 10 to 20 points often enough to move you ahead in competitive occupations. 
Retaking tests like IELTS, PTE Academic, or TOEFL may require additional preparation or targeted coaching, but the score improvement can significantly enhance your EOI ranking. 
With higher points, you have a better chance of receiving invitations from both the federal government and state nomination programs 

Use a migration lawyer for complex cases 

Migration laws are technical and frequently updated. Applicants with complicated situations such as character issues, health concerns, past refusals, unclear work histories, or complex partner visa evidence benefit greatly from professional support. 
Migration lawyers understand case law, departmental guidelines, and legal nuances that are not always visible in public-facing policy documents. 
They can evaluate your circumstances, highlight risks, prepare stronger documentation, and develop tailored strategies to maximise your chances of approval. 

Conclusion 

Obtaining skilled PR in Australia is a structured but competitive process. With the right preparation strong English scores, accurate skills assessment, strategic EOI placement, and understanding of NSW nomination requirements skilled migrants can significantly improve their chances of securing permanent residency. 

Proper planning, expert guidance, and maintaining document accuracy are essential to avoid delays or refusals. Whether you aim for a 189 independent visa, 190 nomination, or 491 regional pathways, staying informed and proactive can make your migration journey smoother and more successful. 

Get in touch with the migration team at DINA Lawyers here. 

Frequently Asked Questions (FAQs) 

1. What is the easiest way for skilled migrants to get PR in Australia? 

There is no single “easy” pathway to Australian permanent residency, as every application is assessed individually based on points, skills assessment, occupation demand, and English proficiency. However, many skilled migrants find the Subclass 190 Skilled Nominated Visa to be one of the more achievable options because it provides an extra 5 points and allows state governments such as NSW to nominate applicants with occupations on their priority lists. 

2. How many points do I need for skilled migration? 

While the minimum requirement is 65 points, this score only makes you eligible to submit an Expression of Interest (EOI). It does not guarantee an invitation. 
In highly competitive states like New South Wales (NSW), most invited applicants typically hold 85 to 95 points or more, especially in high-demand occupations such as ICT, engineering, accountancy, and health professions. 

3. How long does skilled PR take to process? 

Processing times depend on several factors, including visa subclass, documentation accuracy, and the volume of applications being processed by the Department of Home Affairs. 
Generally, GSM visas (189, 190, and 491) can take several months to over a year to process. Timelines may increase if additional documents are required, if medicals or police checks take longer, or if the applicant’s occupation is in a high-demand category. 

4. Can I apply for PR without a skills assessment? 

No. A valid skills assessment is mandatory for all visas under the General Skilled Migration program (subclass 189, 190, and 491). 
The skills assessment confirms that your qualifications, employment experience, and skills meet Australian labour market standards for the occupation you nominate under ANZSCO. 
Without a skills assessment, you cannot lodge an EOI, nor can you proceed with a PR application. Each assessing authority (such as VETASSESS, ACS, Engineers Australia, ANMAC, or TRA) has specific requirements and processing times, so it is recommended to begin early. 

5. What should I do if my PR application is refused? 

If your skilled PR application is refused, you may be eligible to request a merit review through the Administrative Appeals Tribunal (AAT). During an AAT review, you can submit new, corrected, or additional evidence, such as updated employment records, improved English test results, revised skills assessments, or explanations clarifying discrepancies noted by the case officer.