Most Frequently Asked Migration Questions
1. Skills in Demand visa or Employer Nomination Scheme visa: which one is right for you?
Both visas let an Australian employer sponsor you to work in Australia, but they lead to very different places. The Skills in Demand visa (subclass 482) is temporary. The Employer Nomination Scheme visa (subclass 186) is permanent. Choosing between them, or planning to move from one to the other, affects your career, your family and your costs.
An immigration lawyer can tell you which visa fits your situation before you commit. Here are the main points to understand first.
How the two visas compare
| Skills in Demand visa (subclass 482) | Employer Nomination Scheme visa (subclass 186) | |
| Length of stay | Temporary, for up to four years | Permanent. You can live in Australia indefinitely. |
| When it ends | You must apply for a new visa, or a permanent visa, to stay | It does not expire |
| Work experience | Usually one year of relevant experience | More. Depending on the pathway, this is two years of full-time work for your sponsor or three years of relevant experience. |
| English | Vocational English | Competent English, which is a higher standard |
| Age limit | None | Generally under 45 when you apply, with some exceptions |
| Employer tie | You can work only for your sponsor in the nominated role. Changing employer needs a new nomination. | No work restrictions |
| Health insurance | You must keep adequate health insurance for your stay | Not a visa condition |
| Government charges | Usually lower | Usually higher |
| Processing time | Generally shorter | Generally longer |
Many people start on the 482 visa and move to the 186 visa after about two years with the same employer. If you can qualify for the 186 visa, it gives you permanent residency, so you are free to stay in Australia long term.
2. Can my family come with me on a 482 visa?
Yes. Your spouse or de facto partner and your dependent children can be included in your application, or added later. They can be in or out of Australia when you apply, and when the visa is granted.
Family members do not need their own skills assessment, but they must meet health requirements, and from age 16 character requirements.
Children are generally treated as dependent until age 23, and those aged 18 or over must depend on you financially. There are limited exceptions for older children.
3. Can I speed up my application?
The Department of Home Affairs (the Department) does not offer a formal fast-track service. It assesses applications according to priority groups set by a Ministerial Direction, and processing times have generally been getting longer as more people apply.
An immigration lawyer can monitor your case against the Department’s published processing times and raise delays. If your case has been waiting longer than the published time, that may be grounds to ask the Department to review it. There are no guarantees.
4. Can I get updates from the Department?
Not easily. The Department handles thousands of cases, and its general phone line does not provide case updates. The status labels in your online account, ImmiAccount, are limited to simple stages such as received, further assessment and finalised.
There are only a few situations where the Department will respond to an enquiry. A immigration lawyer can tell you when contact is appropriate.
Keep your documents up to date
A few steps can prevent delays on a permanent residency application:
- Make sure your passport and police clearance certificates stay valid for the whole expected processing period.
- Keep uploading supporting documents to your application while it is being processed.
- If your health checks expire, wait for the case officer to ask for new ones before you book them.
- Tell the Department about any change in your contact details, address, job, passport or family, such as a new baby. Your immigration lawyer can explain the right way to report each change.
5. Is my job eligible, and which occupation code applies?
The Department uses the Australian and New Zealand Standard Classification of Occupations as a guide to the duties of each sponsored role. Check the occupation list for the visa you want, then read the full description in the classification.
Choose your occupation based on your duties, skills and qualifications, not your job title. Job titles vary a lot, and the wrong occupation code is a common cause of extra questions from the case officer, or even a visa refusal.
Your role does not need to match every listed task, because the classification is a guide. However, you must meet the skill and experience requirements of the occupation you choose. If your role differs significantly from the occupation, you may need to choose another occupation or consider a visa that doesn’t depend on an occupation list.
6. What if I don’t have an employer sponsor?
The Skilled Independent visa (subclass 189), the Skilled Nominated visa (subclass 190) and the Skilled Work Regional visa (subclass 491) are points-tested. You need at least 65 points to submit an expression of interest, but competitive scores are often higher and vary by occupation. A state nomination adds 5 points for the 190 visa, and a regional nomination adds 15 points for the 491 visa.
Points come from factors such as age, English, work experience, education and community language skills. The Department’s website has an online points calculator.
An expression of interest is not a visa application, so you do not receive a bridging visa when you submit one. You can update it until the Department invites you to apply.
Speak to an immigration lawyer
Visa rules change often, and a mistake can lead to delays, extra costs or a refusal. An immigration lawyer can check your eligibility, choose the right occupation, plan your timing and handle questions from the case officer, so your application is consistent and professional from lodgement to decision.
