# Skilled Independent Visa Subclass 189



## loka1282 (Dec 30, 2012)

Hi all,

I am planning to apply for skilled independent visa 189. As you probably know that the points needed to qualify is 60. 

I have a Masters level Qualification in a particular domain. However, I don't have the work experience in that same domain. If I consider my Education (Qualification) it is very closely related to the occupations on the SOL. However, my work is not listed in the SOL. Would the assessing authorities still consider my case?


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## MarkNortham (Dec 19, 2012)

Hi Loka -

The skills assessment authorities will always consider your case (and take your money!). The key is whether you will pass the skills assessment. In situations where your work experience is not closely related to your educational qualification, that can get dicey. Different skills assessment authorities treat this in different ways - some are very strict, some have more room for differences. Best to consult the specific skills authority for your nominated occupation.


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## loka1282 (Dec 30, 2012)

MarkNortham said:


> Hi Loka -
> 
> The skills assessment authorities will always consider your case (and take your money!). The key is whether you will pass the skills assessment. In situations where your work experience is not closely related to your educational qualification, that can get dicey. Different skills assessment authorities treat this in different ways - some are very strict, some have more room for differences. Best to consult the specific skills authority for your nominated occupation.


Hi Mark,

Thank you very much for answering my question. I will get in touch with the relevant assessment authority.

By the way, I am single and I would like to apply for my mother (who is widowed) as a dependent. If I lodge the application for her along with mine how long would it take for her to get the visa? Also, would that affect my visa?

In future if I get married then can I apply again for the partner as another dependent?


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## MarkNortham (Dec 19, 2012)

Hi Loka -

Hard to predict DIAC processing times - I've seen 189 applications, once invitation is issued and application made, being processed anywhere from 2 weeks to 2 months.

Re: mother as dependent, there are very narrow definitions for dependency with most Australian visas - suggest you get professional advice re: your specific situation (and hers) to determine what the best visa option for her would be - it's entirely dependent on the specific circumstances and details.


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## Virtualreality (Aug 18, 2013)

Dear Mark,
Please help me. I'm female primary applicant for 189, added my husband and my toddler into my application. [Developer/Programmer 60 points | EOI Submitted: 05-Mar-2013 | Invitation Recieved: 17-Mar-2013 | Loged: 27-Apr-2013 | Request for more info/ CO Assiged: 14-May-2013 | Documents Submitted: 06-Jun-2013]

I have claimed for partner's skill point(5), as he has successful skill assessment from Engineeers Australia. Now my question is, Can I remove him from my application? If yes, how can it effect mine and my son's application?


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## MarkNortham (Dec 19, 2012)

Hi Virtualreality -

Thanks for the note. Can't give you any specific advice as I haven't seen your documents and details, but generally speaking you can remove a secondary applicant from an application as long as that does not affect the number of points you are claiming. Since removing your husband would no longer make him an applicant, you would not be able to claim the 5 partner points, and unless you had some other way to make up the 5 missing points, your application would likely be refused - although in some cases they will give you the opportunity to withdraw it to avoid a refusal.

Also note that for partner points, the person must be:
* An applicant for the same subclass of visa as you
* A person who has Competent English (at least 6 on each band of the IELTS test, etc) at the time of invitation
* A person who has a successful skills assessment in an occupation on the same list as your occupation is listed on
* A person who meets the age requirement (ie, less than 50 years old at time of invitation) unless the person falls into one of the age exemptions

Hope this helps -

Best,

Mark Northam


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## Virtualreality (Aug 18, 2013)

Thank you very much Mark for your prompt response.
Well he fulfils all the criteria that you mentioned. But due to some reason I want to remove him from application, which according to my last conversation with my CO, is in external checks [I've checked with all my employers and they've all confirmed that they received employment check calls from Australian Immigration].
Now as per you said that removing him will disqualify me from claiming the 5 points for Partner, What if I quickly redo my IELTS and improve my score (currently 7.5-7-7-6.5 therefore No points for that in my application) which I'm pretty sure I can bring it to 7 In each. Do you think CO will accept that new Scores?


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## MarkNortham (Dec 19, 2012)

I don't think they will, as IELTS is a time-of-application requirement - only IELTS tests taken up to 3 years prior to your application date would count.

It must be a frustrating situation - wish I could help. You are so close to a decision re: this visa it would seem by what you're saying the CO has told you.

Best,

Mark Northam


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## Nomyous (Aug 21, 2013)

MarkNortham said:


> I don't think they will, as IELTS is a time-of-application requirement - only IELTS tests taken up to 3 years prior to your application date would count.
> 
> It must be a frustrating situation - wish I could help. You are so close to a decision re: this visa it would seem by what you're saying the CO has told you.
> 
> ...


Hi Mark ,

Can you tell me under subclass 189, how much experience we show for partner skills (what is the minimum requirement for skill assessment of partner?)


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## MarkNortham (Dec 19, 2012)

Hi Nomyous -

In order to receive partner points (5), an applicant's partner must at the time of invitation:
* Have a qualifying occupation on the same list (SOL or CSOL) that the applicant has, AND
* Be under 50 years of age, AND
* Have a positive skills assessment from the skills assessment organisation nominated by DIAC for their occupation.

DIAC has no specific experience requirements for partner points, however most skills assessment authorities have minimum experience requirements in order to be granted a positive skills assessment, so that's the place to look.

Best,

Mark Northam


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## Nomyous (Aug 21, 2013)

MarkNortham said:


> Hi Nomyous -
> 
> In order to receive partner points (5), an applicant's partner must at the time of invitation:
> * Have a qualifying occupation on the same list (SOL or CSOL) that the applicant has, AND
> ...


Dear Mark,

Thank you for the prompt reply.

Can you please guide me that is there any assessment authority that gives positive Skill Assessment for spouse / partner based on *"NO EXPERIENCE"* ??

Kind regards,

Nomyous


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## MarkNortham (Dec 19, 2012)

Hi Nomyous -

Thanks for the note. It's not a matter of selecting a skills assessment authority - you have to select an occupation that the person is qualified for (ie, has an educational qualification for - ie, a Bachelor Degree in Electrical Engineering would likely mean that Electrical Engineer is their occupation, and therefore Engineers Australia is the assessor for that occupation). Once you determine the best occupation code based on your partner's education and work experience, that will indicate the skills assessor. If no education and no work experience, she likely would not be considered "skilled" and therefore would likely not pass any skills assessment process.

Hope this helps -

Best,

Mark Northam


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## Virtualreality (Aug 18, 2013)

Dear Mark,
I have been contacted by Team 13 which is not my original team, for some details for my spouse(I'm a female primary applicant). The info they asked for is his primary and secondary education and some clarification against the date I wrote incorrect by mistake. I filled those pages from 80 and reverted back. My question here is, Is it a good news, being contacted by Team 13? Is my application reaching decision?. For the record I haven't submitted PCCs and Medicals yet, neither have I been asked for it yet.
Thank you


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## MarkNortham (Dec 19, 2012)

Hi Virtualreality -

Thanks for the note. Cases are often transferred or passed from one team to another based on workload, backlog, staffing, etc - I wouldn't think this would indicate any problems necessarily, despite the "unlucky" number of that team! Depending on how long ago you lodged the application, you may want to go ahead and order your PCC's now to try and get things moving. As for a health exam, you'll need your TRN number from when you lodged your application to get your health exam appt. in many locations.

Unfortunately DIAC gives no commitments or promises re: processing time, and processing time can be very consistent from one application to another - wish I had a way of predicting it, but there are just too many variables.

Hope this helps -

Best,

Mark Northam


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## Virtualreality (Aug 18, 2013)

Dear Mark,
Please help me. In case I get the grant and my husband(claimed 5 points for his skills, mentioned as migrating dependent in my application) refuses to go with me before the first entry date, Can I still go with my child and receive a PR, or is it mandatory for me to take him with me?
Thank you


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## MarkNortham (Dec 19, 2012)

Yes, you can take your child and activate the visa. It is not necessary to take 100% of the dependents with you on your first trip - depending on your visa however, if your husband does not enter by the must enter by date, he may have problems. Need to examine your specific visa as granted in order to determine the conditions and specifics.

Hope this helps -

Best,

Mark Northam


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## Virtualreality (Aug 18, 2013)

Thank you so much Mark. That's a relief. God bless you.
I logged the application for 189 Skilled independent in 24th April
Points: 60
Husband and child dependent
Co allocated: 18-05-2013, asking for form 80, 1221 and employment proof
Submitted. : 06-06-2013
Employment checks : also in June
Contacted by Team 13: 27-08-2013 asking for primary & secondary education details for my husband
Submitted: 17-09-2013
Health Exams: 24-09-2013 front loaded (without request from CO)
PCCs. : 07-10-2013 front loaded (without request from CO)


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## MarkNortham (Dec 19, 2012)

Glad I could help! As I don't know all the details of your application I cannot give you specific advice, but it sounds like you've got a good level of knowledge about the process. Best of luck!

Best,

Mark Northam


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## Kindred (Jul 18, 2013)

Hi Mark!

Glad to find you in this thread as I was browsing through today's posts.
Anyway, submitted Form 1023 to correct the inclusion of my father in visa 189 application. I got an email from a certain officer advising me about the procedure in correcting details.
About the Form 80- as a final review before uploading i wonder under question number ( other names ) does that contemplate names used in forums, social networking or company email? 

Thanks for the advice in advance.

To Those who are awaiting visa results goodluck to us ALL!


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## MarkNortham (Dec 19, 2012)

Hi Kindred -

Thanks for the note and good work! The Other Names typically refers to other names you have been referred to in legal documents of some kind, and would not include nicknames, social media names, email addresses, etc. 

Hope this helps -

Best,

Mark Northam


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## Kindred (Jul 18, 2013)

MarkNortham said:


> Hi Kindred -
> 
> Thanks for the note and good work! The Other Names typically refers to other names you have been referred to in legal documents of some kind, and would not include nicknames, social media names, email addresses, etc.
> 
> ...


Just as I thought.! 
Anyway, it always pays to be safe than sorry.

Thanks again Mark!


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## mady- (May 15, 2014)

Hello All -

I am a newbie here.

I am planning to apply for 189 & have husband as dependent. Kindly let me know the process in terms of having a good execution.

Thanks in Advance !


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## Maggie-May24 (Jul 24, 2011)

mady- said:


> Hello All -
> 
> I am a newbie here.
> 
> ...


I assume you've already read the details on the DIBP website?
Skilled Independent visa (subclass 189)


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## themaheshe (Nov 14, 2014)

Hi Mark Northam,
May I know how long its gonna take to get the visa 189 subclass. I have already submitted documents and forms for the visa on 12 september 2014.
Its already been 2 months, Do you have any idea how long its gonna take?


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## MarkNortham (Dec 19, 2012)

Hi Themaheshe -

No way to tell, unfortunately - DIBP puts no time limits on itself. We've recently see these go through in as little as 3 months, and as long as 9+ months.

Hope this helps -

Best,

Mark Northam



themaheshe said:


> Hi Mark Northam,
> May I know how long its gonna take to get the visa 189 subclass. I have already submitted documents and forms for the visa on 12 september 2014.
> Its already been 2 months, Do you have any idea how long its gonna take?


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