Skilled Migration Lawyer Melbourne
Points-Tested Visa Specialists (189, 190, 491)
Amity Lawyers acts for skilled professionals in Melbourne and across Australia on points-tested permanent and provisional visas. We assess your eligibility, calculate and verify every point available to you, prepare your Expression of Interest, and run the matter through to grant.
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Skilled migration in numbers
How Competitive Is Australian Skilled Migration?
Skilled migration is the largest part of Australia’s permanent Migration Program, and the points-tested categories are the most contested part of it. In 2024-25 the Skill stream delivered 132,148 places, or 71.4 per cent of the total Migration Program.
Within that stream, the Skilled Independent (subclass 189) category delivered 16,900 places, State/Territory Nominated delivered 33,000, and the Regional category delivered 32,948. The Regional figure covers three subcategories: 28,069 places in Skilled Work Regional, 4,461 in Skilled Employer Sponsored Regional, and 418 in Skilled Regional.
The Department ran two SkillSelect invitation rounds in 2024-25 and issued 22,973 Skilled Independent invitations across them. Rounds are not held on a fixed schedule, which is why an Expression of Interest can sit unactioned for months.
Top occupations granted skilled visas in 2024-25
Places delivered by ANZSCO occupation unit group
| ANZSCO occupation unit group | Places delivered |
|---|---|
| 2544 Registered Nurses | 5,006 |
| 2613 Software and Applications Programmers | 4,221 |
| 3513 Chefs | 3,439 |
| 2211 Accountants | 3,250 |
| 2332 Civil Engineering Professionals | 2,689 |
| 2611 ICT Business and Systems Analysts | 2,161 |
| 2335 Industrial, Mechanical and Production Engineers | 2,088 |
| 2411 Early Childhood (Pre-primary School) Teachers | 1,507 |
| 2339 Other Engineering Professionals | 1,352 |
| 3212 Motor Mechanics | 1,324 |
Comparing 189, 190, and 491
Which Skilled Migration Visa Is Right for You? 189 vs 190 vs 491
The right visa depends on which occupation list your occupation sits on, your points score, your age, and whether you are willing to live in regional Australia. Choosing the wrong pathway is the most common and most expensive mistake we see, because a skills assessment and an Expression of Interest lodged against the wrong subclass cannot simply be transferred.
| Feature | Subclass 189 Skilled Independent |
Subclass 190 Skilled Nominated |
Subclass 491 Skilled Work Regional |
|---|---|---|---|
| Visa type | Permanent | Permanent | Provisional, 5 years |
| Nomination required | No | Yes, from a state or territory | Yes, from a state or territory, or an eligible relative |
| Points bonus | None | 5 points | 15 points |
| Occupation list | MLTSSL | MLTSSL and STSOL | MLTSSL, STSOL and ROL |
| Location condition | None | Live and work in the nominating state for 2 years | Live and work in designated regional Australia for 3 years |
| Pathway to PR | Immediate | Immediate | Subclass 191 after 3 years |
| Places delivered 2024-25 | 16,900 | 33,000 | 28,069 (Skilled Work Regional) |
| Grant rate 2024-25 | 96.9% | 98.7% | 97.6% (Regional category) |
| Processing time | Published by Home Affairs at the 50th and 90th percentile, updated monthly | Published by Home Affairs at the 50th and 90th percentile, updated monthly | Published by Home Affairs at the 50th and 90th percentile, updated monthly |
Partner & Spouse Visa Services
Subclass 189 - Skilled Independent Visa
The subclass 189 is a points-tested permanent visa for skilled workers with no employer, state or family sponsor. It carries no geographic condition and no employer tie, and it grants permanent residence immediately.
Requirements:
- Occupation on the MLTSSL
- A positive skills assessment from the relevant assessing authority
- At least 65 points on the points test
- Under 45 years of age at the time of invitation
- At least Competent English
Skilled Nominated
Subclass 190 - Skilled Nominated Visa
The subclass 190 is a points-tested permanent visa for skilled workers nominated by an Australian state or territory. The 5 point nomination bonus brings the visa within reach of applicants who would not be competitive for a 189.
Requirements:
- Occupation on the MLTSSL or STSOL, and on the nominating state’s list
- Nomination from a state or territory government
- At least 65 points including the 5 point nomination bonus
- Under 45 years of age at the time of invitation
- A commitment to live and work in the nominating state for at least 2 years
Offshore Partner Visa
Skilled Work Regional (Provisional) Visa
The subclass 491 is a five year provisional visa for skilled workers who commit to living and working in designated regional Australia. The 15 point regional nomination bonus makes it the most accessible points-tested pathway for mid-range scorers.
Requirements:
- Occupation on the MLTSSL, STSOL or ROL
- Nomination from a state or territory, or sponsorship by an eligible relative in a designated regional area
- At least 65 points including the 15 point bonus
- Under 45 years of age at the time of invitation
- Living and working in designated regional Australia for at least 3 years
Point Test
How Many Points Can You Actually Score?
You need at least 65 points to be invited, but the points test does not stop at 65 and invitations are ranked from the top down. The practical question is not whether you reach 65, it is how far above it you can lawfully get.
Applicants routinely undercount. A partner’s skills, a credentialled community language, a professional year or study in a regional area can each add points that were sitting unclaimed. The corresponding risk is overclaiming: every point claimed in an Expression of Interest must be provable at the visa stage, and a claim you cannot evidence can lead to refusal and, in some cases, to a finding under the public interest criteria.
| Factor | Maximum points |
|---|---|
| Age, 25 to 32 years | 30 |
| English, Proficient | 10 |
| English, Superior | 20 |
| Skilled employment, outside Australia, 8 to 10 years | 15 |
| Skilled employment, in Australia, 8 to 10 years | 20 |
| Combined overseas and Australian skilled employment | capped at 20 |
| Educational qualification, Doctorate | 20 |
| Educational qualification, Bachelor or Masters | 15 |
| Australian study requirement | 5 |
| Specialist educational qualification | 10 |
| Professional Year in Australia | 5 |
| Credentialled community language (NAATI) | 5 |
| Study in a designated regional area | 5 |
| Partner skills | 10 |
| Partner with Competent English | 5 |
| Single, or partner is an Australian citizen or permanent resident | 10 |
| State nomination, subclass 190 | 5 |
| Regional nomination, subclass 491 | 15 |
Skills assessment
Skills Assessment for Australian Skilled Migration
Before you can lodge an Expression of Interest you need a positive skills assessment from the assessing authority designated for your occupation. The assessment confirms your qualifications and experience meet the Australian standard for that occupation.
Assessing authorities by occupation group
- Engineers Australia for engineering occupations
- Australian Computer Society for ICT occupations
- Australian Nursing and Midwifery Accreditation Council for nursing
- ACECQA for early childhood teaching
- Trades Recognition Australia and other authorities for trades
- CPA Australia, CA ANZ and IPA for accounting
Processing times and evidentiary requirements differ substantially between authorities. Some assess in weeks, others take months, and several will discount years of employment that were not at the required skill level, which changes your points score before you ever reach SkillSelect.
We advise on which authority applies to your occupation, prepare the evidence, and respond to requests for further information on your behalf.
Which states to nominate
Each state and territory runs its own nomination program with its own occupation list, priority sectors and ranking factors. Nominating a state that is not currently inviting your occupation means waiting indefinitely for an invitation that will not come.
Claiming points correctly
Every point claimed must be provable when the visa application is lodged. Points claimed on the basis of employment that the assessing authority later discounts, or on an English test result that has expired, are the two most common causes of a refusal that could have been avoided at the Expression of Interest stage.
EOI and SkillSelect
Lodging Your EOI Through SkillSelect
An Expression of Interest is lodged through the Department’s SkillSelect system. It records your nominated occupation, your claimed points score, the subclasses you are interested in and, for the 190 and 491, your state preferences. The Department ranks Expressions of Interest by points and issues invitations in rounds.
An Expression of Interest is not an application. It creates no legal right, has no processing time, and can sit unactioned indefinitely. In 2024-25 the Department ran two Skilled Independent rounds for the whole program year.
Which subclasses to select
You can nominate one, two or all three subclasses in a single Expression of Interest. Selecting all three widens your exposure to invitation rounds but can affect how some states treat your Registration of Interest, so the decision is strategic rather than automatic.
Fixed-fee packages
How Much Does a Skilled Migration Lawyer Cost in Melbourne?
Amity Lawyers charges fixed legal fees for skilled migration matters. You are given a written costs disclosure and costs agreement before work begins, as required under the Legal Profession Uniform Law. Department of Home Affairs visa application charges, skills assessment fees, English test fees, health examinations and police checks are payable separately and are not legal fees.
Skills Assessment Package
- Occupation analysis and assessing authority selection
- Evidence review and lodgement guidance
- Response to requests for further information
Expression of Interest and Skills Assessment Package
- Full points assessment and verification
- Expression of Interest strategy and lodgement
- Occupation list and state nomination analysis
- Everything in the skills assessment package
Full Visa Application Package, Subclass 189, 190 or 491
- Everything in the packages above
- Visa application preparation and lodgement
- Evidence strategy and document management
- Health and character requirements
- Post-grant advice and visa condition compliance
Skilled visa to citizenship
From Skilled Visa to Australian Citizenship
Subclass 189 and 190 holders
You hold permanent residence from the date of grant. To apply for citizenship by conferral on the general residence requirement you must have been lawfully resident in Australia for four years immediately before applying, including the final 12 months as a permanent resident, and you must not have been absent from Australia for more than 12 months in total across that four year period or more than 90 days in the final 12 months.
Time spent in Australia on a temporary visa before your permanent visa was granted counts toward the four years, which is why many of our clients qualify sooner than they expect. Time spent outside Australia does not.
Subclass 491 holders
The 491 is provisional, so the citizenship clock behaves differently. After three years living and working in designated regional Australia and meeting the taxable income requirement, you can apply for the subclass 191 permanent residence visa. Your permanent residence begins at the 191 grant, and the 12 month permanent residence element of the citizenship residence requirement runs from that date. The years you spent on the 491 still count toward the four years of lawful residence.
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Skilled Migration Lawyers Serving Melbourne and Greater Victoria
Amity Lawyers is at Level 24, 570 Bourke Street, Melbourne VIC 3000, in the legal precinct at the western end of the CBD and a short walk from Southern Cross Station.
Australian migration law applies uniformly across the country, so we act for skilled migration clients Australia-wide and offshore. What a Melbourne office adds is practical: in-person consultations, identity document sighting and certification, and face-to-face preparation before a nomination interview.
We regularly act for applicants across metropolitan Melbourne, including the City of Melbourne, Wyndham, Whittlesea, Casey, Monash, Boroondara, Hume and Brimbank, and for applicants in regional Victoria considering the 491, including Geelong, Ballarat, Bendigo, Shepparton and the Latrobe Valley.
Our People
Meet the Lawyers Behind Your Case
Every practitioner at Amity Lawyers holds a current Australian practising certificate and is regulated by the Victoria Legal Services Board and Commissioner. The firm holds professional indemnity insurance under the Legal Profession Uniform Law. You deal with the same lawyer from first consultation to grant.
NAVID K.BAGHI
DIRECTOR & PRINCIPAL SOLICITOR
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
NATHALIA BONILLA
LEGAL ASSISTANT
NATHALIA BONILLA
LEGAL ASSISTANT
Download Our Skilled Migration Points Checklist
A practical checklist covering the points test factors, the evidence each factor requires, the assessing authority for common occupations, and the sequence from skills assessment to grant.
Frequently Asked Questions
Skilled Migration Lawyer Melbourne
What is the minimum points score for a skilled migration visa?
The legislative minimum is 65 points. Reaching 65 makes you eligible to be invited, it does not make you likely to be invited. The Department ranks Expressions of Interest by points and invites from the highest score down, so in a competitive occupation the effective cut-off sits above the minimum. The 190 and 491 nomination bonuses of 5 and 15 points respectively are what bring mid-range scorers into contention.
How often does the Department invite skilled visa applicants?
SkillSelect invitation rounds are not held on a fixed schedule. In the 2024-25 program year the Department ran two Skilled Independent rounds and issued 22,973 invitations in total. State nomination invitation rounds for the 190 and 491 run separately and at each state’s discretion.
Can I apply for a skilled visa if I am over 45?
Not for the points-tested visas. The 189, 190 and 491 all require you to be under 45 at the time of invitation, and age points fall to zero at 45. Other pathways remain open to older applicants, including employer-sponsored visas, which have their own and higher age thresholds and exemptions.
Do I need a job offer to apply for a skilled visa?
No. None of the 189, 190 or 491 requires a job offer. For the 190 and 491, however, several states use current employment in the state and level of earnings as ranking factors when selecting Registrations of Interest, so employment can materially improve your prospects of nomination without being a legal requirement.
How long does the skilled migration process take?
The honest answer is that the longest stage is the one nobody publishes. Home Affairs publishes processing times from the date the visa application is lodged, but you cannot lodge until you are invited, and there is no published waiting time for an invitation. Budget separately for the skills assessment, the wait in SkillSelect, state nomination if applicable, and then visa processing. We give you a realistic estimate for your occupation and points score at the first consultation.
Can I include my family in my skilled migration application?
Yes. You can include your partner and dependent children as secondary applicants in the same application, and they are granted the same visa as you. Your partner’s skills, English and qualifications may also be worth points on your own points test, so partner details should be assessed before the Expression of Interest is lodged rather than after.
What is the difference between the MLTSSL, STSOL and ROL?
They are three separate occupation lists that control which visas your occupation can access. The MLTSSL is the only list that unlocks the subclass 189. The 190 draws from the MLTSSL and STSOL. The 491 draws from the MLTSSL, STSOL and ROL. Note that the Core Skills Occupation List introduced in December 2024 applies to employer-sponsored pathways, not to the points-tested visas on this page.
Resources
Skilled Migration News and Insights
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Read More »Ready to Speak to a Skilled Migration Lawyer in Melbourne?
Your qualifications, English and experience are the foundation of a points-tested application. Whether they add up to a competitive score, and which subclass they open, is a question worth answering before you spend money on a skills assessment.
Amity Lawyers offers a 10 minute consultation at no cost to establish whether a points-tested pathway is realistically open to you.
Last updated: July 2026
Skilled migration policy, occupation lists, and points thresholds change regularly. This page is reviewed and updated quarterly. For the most current advice, speak directly with an Amity Lawyers immigration lawyer.