Stewart Coulson Immigration Lawyer Turner Coulson, Immigration Layers and Migration Agents, Sydney, New South Wales, Australia.
Independent Permanent Migration - The Points Test
Skilled Independent Migrant Visa Subclass 175
An Australian Skilled Independent Migrant Visa Subclass 175 is the most beneficial visa to apply 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 or support 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 175 permanent 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 Independent Migrant Visa Subclass 175 application is lodged. You must also be able to prove through providing 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 be under 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 to leave Australia to pick up your visa.
It also means that, unless you have another visa which allows you to remain in Australia while 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 Skilled Independent 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 Independent Migrant Visa Subclass 175 or your application will be refused.
Age points are awarded in accordance with the following scale –
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 awarded
40 – 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 International English 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 across the 4 major bands,
For all other nominated occupations or professions –
- · 15 points for scoring International English Language Testing System score 6 across the 4 bands (competent English)
- · 25 points for scoring International English Language Testing System score 7 across the 4 bands (proficient English)
The actual level of English required for each designated trade, profession or skilled occupation may further vary depending on the relevant assessing body’s English language requirements for each occupation they are assessing.
You must submit the evidence of your International English Language Testing System score when you lodge your application for the Australian Skilled Independent Migrant Visa Subclass 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 found at http://www.immi.gov.au/allforms/booklets/1121i.pdf
The points awarded to each particular trade, profession or skilled occupation are set out on the 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 Skilled Occupation 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 Skilled Independent 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 skills and 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 the Department 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 trade qualification (Australian Qualifications Framework certificate III or IV).
You must have your skills assessed, and have a positive outcome, by the relevant assessing authority as suitable for working in your nominated occupation: see the Department of Immigration and Citizenship Skilled Occupation List for the nominated assessing body for your occupation.
An Australian Skilled Independent Migrant Visa Subclass 175 applicant with extensive skilled work 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 in the 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 175 application 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 than the 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 Visa Subclass 175.
Australian Employment Qualifications (10 points available)
10 points are available if you can establish that you have worked in Australia in your nominated 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 Visa Subclass 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 of Immigration 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 Independent Migrant Visa Subclass 175 application.
If you have not worked for at least this 12-month period in the 2 year period before the date you apply for the Australian Skilled Independent Migrant Visa Subclass 175, you cannot apply under this permanent residence pathway. As an example, you may have worked for 8 out of the last 10 years in your nominated trade, profession or skilled occupation 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 skills assessment 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 of Immigration 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 than English, or
- · are an Accredited (Level 3) interpreter by the National Accreditation Authority for Translators and Interpreters.
Partner Skills points
5 points are available if your partner is also a skilled and qualified professional and can meet 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 be the first option considered by all skilled migrants seeking to secure a future in Australia. However, the Australian Skilled Independent Migrant Visa Subclass 175 application process and the law which lies behind it, are very complex.
Any person making this application without the advice and assistance of a specialist immigration 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 the Australian 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 are instructed to assist you with the Australian Skilled Independent Migrant Visa Subclass 175 application 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.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Independent Permanent Migration - The Points Test
- Could You Pass Your Citizenship Test?
- 16,000 Indians Seek to Make Australia Home
- 16,000 Indians Seek to Make Australia Home
- Main Visa Options for Working Holiday Makers in Australia - Subclass 417 Visas
- An Essential Factor For Studying Abroad – Standardized Tests
- Tradesmen Needed in Australia
- Why Health and Character Tests are Necessary




Applying for a U.S. Entry Waiver (I-192 Application for Advanced Permission to Enter as a Nonimmigrant)
By: Jared Church | 11/12/2009If you have been denied entry to the United States or if you are otherwise inadmissible, you will need to obtain a U.S. Entry Waiver. The U.S. Entry Waiver, also known as an I-192 Application for Advanced Permission to Enter as a Nonimmigrant, is a legal documents that clears you to travel to the U.S. as often as you like, while the document remains valid.
UK Immigration Service
By: Capital Visas | 11/12/2009UK immigration service information is easy to find online, but the requirements are not always so easy to meet. If you want to study in the UK, you must apply for a student visa, which requires you to prove that you have been accepted to a programme of study in Britain.
Canada Immigration – Low Cost & Simplified Options
By: SAMIR IDRIS | 09/12/2009An easy and affordable step by step guide for to prepare your immigration application
Special Resident Retirement Visa (SRRV) for foreign expatriates
By: Dennis P. Ramm | 09/12/2009A Foreign national who intends to retire in the Philippines should be aware of a special visa being offered by its government as an incentive to expatriates wanting to enjoy their retirement days in any of the 7,100 tropical islands of the country.
High court battle against the minimum age requirement for spousal visas is lost
By: Shwan | 08/12/2009In the case of Quila v Secretary of State for the Home Department [2009] EWHC 3189, the Court determined that the Home Office were correct in refusing a spousal visa for the British wife’s husband, a national of Chile.
Proposed changes to the Tier 1 category of the points-based system (PBS)
By: Migra & Co | 08/12/2009The Migration Advisory Committee (MAC) published today a report following the Home Secretary request for assessment of Tier 1 of the Points Based System in light of the changing economic circumstances.
Are you considering an Immigration Software
By: Mobs | 03/12/2009Emaximm is one of the powerful resources available in the software marketplace today that aid corporations and immigration attorneys in effectively and intuitively managing their clientele, staff and overall business needs. Its rich features help attorneys easily handle the full scale of their business with simple, automated mechanism. It can also be used as a Customer Relationship Management Tool, A Case and Status Organizer as well as a Staff Accountability and Productivity Tool. Emaximm provi
On the Benefits of Russian Temporary and Permanent Residency
By: Svetlana Sveshnikova | 02/12/2009According to article 2 of the Federal Law No. 115-FZ, dated 25 July, 2002, “On the Legal Status of Foreign Citizens in the Russian Federation” (further Law on foreigners) - temporary residence permit (further TRP) grants right to the foreign citizen to reside temporarily in the Russian Federation until receipt of permanent residency and is drawn up in the form of an entry in the identity document of the foreign citizen.
Applying for the Subclass 485 Skiiled Graduate Temporary Visa – Timing is the key
By: stewart coulson | 20/08/2009 | ImmigrationThe subclass 458 Graduate temporary visa is a visa that allows international students 18 months in Australia to get 10 points for 12-months Australian work experience points to go towards satisfying the applicable general skilled migration points score and gaining permanent residence.
Spouse Visas - Sponsored Temporary to Permanent Residency under the Family Migration Stream
By: stewart coulson | 18/06/2009 | ImmigrationThis article covers everything you need to know when applying for a spousal visa in Australia from Sponsored Temporary to Permanent Residency under the Family Migration Stream
Independent Permanent Migration - The Points Test
By: stewart coulson | 25/05/2009 | ImmigrationAn Australian Skilled Independent Migrant Visa Subclass 175 is the most beneficial visa to apply 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 or support of either a state or regional body or a family member and have passed the “points test” o
Australian Visa Cancellation
By: stewart coulson | 22/03/2009 | ImmigrationIf you hold an Australian visa it is very important to understand the processes leading to possible visa cancellation, the powers under which a visa can be cancelled and the effect of visa cancellation in Australia.
Australian Government Cuts Migration Program
By: stewart coulson | 22/03/2009 | ImmigrationSenator Christopher Evans, the Minister for Immigration and Citizenship, has announced a 14 per cent cut in the 2008-09 Australian permanent skilled migration program intake from 133 500 to 115 000 in response to the global recession and growing unemployment.
Migration Review Tribunal - Has Your Visa Application Been Refused or Your Visa Cancelled?
By: stewart coulson | 10/02/2009 | ImmigrationThe Migration Review Tribunal (MRT) is a person’s last opportunity to have a visa refusal or cancellation reviewed “on the merits”. That is, the Migration Review Tribunal is the last place where you can bring new evidence to support your case or application which was not before, or considered by, the original decision maker when your visa application was refused or your visa cancelled.
Main Visa Options for Working Holiday Makers in Australia - Subclass 417 Visas
By: stewart coulson | 20/01/2009 | ImmigrationThis article sets out in simple terms the main Australian visas that are available to a working holiday traveller in Australia. This is not meant to be an exhaustive list but a useful summary giving guidance on some key visa options .
Australian Visa Application. No Such Thing as a Free Lunch!
By: stewart coulson | 24/11/2008 | ImmigrationIf you are in Australia on a temporary visa, such as a working holiday, and wish to stay in Australia, you need to lodge the new application while your visa is current.