Australia Visa & Immigration Services
Hudson McKenzie advises individuals, families and international businesses on Australian visa and immigration matters, including employer sponsorship, skilled migration, business and innovation routes, family migration, study and longer-term residence.
Australia operates a structured visa system with temporary and permanent pathways for skilled professionals, employer-sponsored workers, regional migration, exceptional talent, students, partners and qualifying family members.
The appropriate route depends on factors including occupation, qualifications, professional experience, English-language ability, age, employer sponsorship, state or territory nomination, family relationships and long-term residence objectives.
Important skilled routes include the Skills in Demand visa (subclass 482), Employer Nomination Scheme visa (subclass 186), Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190), Skilled Work Regional (Provisional) visa (subclass 491) and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).
Australia also operates the National Innovation visa (subclass 858) for exceptionally talented individuals capable of making a significant contribution to the country’s future prosperity.
Hudson McKenzie can assess the available Australian immigration options and assist with visa strategy, sponsorship, Expressions of Interest, supporting documentation, family applications and longer-term residence planning.
Employer-Sponsored Work Visas — Subclasses 482, 186 & 494
Australian employers can sponsor qualifying overseas workers where the relevant employer, role, skills and immigration requirements are satisfied.
Three important employer-sponsored routes are the Skills in Demand visa (subclass 482), the Employer Nomination Scheme visa (subclass 186) and the Skilled Employer Sponsored Regional visa (subclass 494).
Skills in Demand Visa — Subclass 482: The Skills in Demand (SID) visa is one of Australia’s principal temporary employer-sponsored skilled-work routes and replaced the former Temporary Skill Shortage framework.
The current system includes the Core Skills and Specialist Skills streams, together with arrangements for employers operating under qualifying labour agreements.
Applicants must have the skills required for the nominated occupation. Current Home Affairs guidance also states that subclass 482 applicants generally need at least 12 months of relevant work experience in the occupation or a related field. Visa holders normally work in their nominated occupation for their sponsoring employer or an associated entity unless an exemption applies. The visa can generally be granted for between 1 and 4 years, depending on the circumstances.
Employer Nomination Scheme — Subclass 186: The subclass 186 visa provides permanent residence for qualifying skilled workers nominated by an Australian employer.
Important pathways include the Temporary Residence Transition and Direct Entry streams.
The Temporary Residence Transition route can be relevant to qualifying Skills in Demand visa holders progressing from temporary employer sponsorship into permanent residence. The qualifying sponsored-employment period under the current framework has been reduced from three years to two years, subject to the remaining nomination and visa requirements.
Direct Entry applicants can need an appropriate skills assessment unless an exemption applies, together with any required registration or licensing.
Skilled Employer Sponsored Regional — Subclass 494: The subclass 494 visa allows qualifying employers in designated regional areas to sponsor skilled overseas workers.
It is a provisional visa generally granted for 5 years. The sponsored role must be in a designated regional area, and employer-sponsored applicants can require a skills assessment unless exempt.
Subclass 494 holders may subsequently become eligible for the Permanent Residence (Skilled Regional) visa (subclass 191) where the applicable regional residence and other requirements are met.
Hudson McKenzie can advise employers and professionals on sponsorship eligibility, occupation and visa selection, nomination requirements, employee eligibility and potential pathways from temporary sponsorship to permanent residence.
Skilled Migration — Subclasses 189, 190 & 491
Australia operates points-tested skilled migration routes for qualifying professionals whose skills meet Australian migration requirements.
Three of the principal routes are the Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190) and Skilled Work Regional (Provisional) visa (subclass 491).
Applicants for all three routes generally begin by submitting an Expression of Interest (EOI) through SkillSelect.
An EOI is not a visa application. It provides information about the applicant’s occupation, qualifications, work experience, English ability and other points-related factors so the Australian Government can consider whether to invite the applicant to apply.
Home Affairs currently states that subclasses 189, 190 and 491 are points-tested and require applicants to meet or exceed the 65-point threshold. Reaching 65 points does not guarantee an invitation.
Skilled Independent Visa — Subclass 189: Subclass 189 is a permanent skilled-migration route that does not require conventional employer sponsorship or state or territory nomination.
Applicants must satisfy the relevant skilled-migration requirements and receive an invitation before lodging the visa application.
Skilled Nominated Visa — Subclass 190: Subclass 190 is also a permanent skilled visa, but it requires nomination by an Australian state or territory government.
State and territory nomination criteria can differ and can consider factors such as occupation, qualifications, employment history, local labour needs, residence, job offers and commitment to the nominating jurisdiction.
Skilled Work Regional (Provisional) Visa — Subclass 491: Subclass 491 provides a regional skilled-migration route for applicants who are either:
- nominated by a state or territory government; or
- sponsored by an eligible family member in regional Australia.
It is a provisional rather than immediately permanent visa and can provide a pathway towards subclass 191 permanent residence where the applicable requirements are satisfied.
Factors affecting skilled-migration strategy can include occupation lists, skills-assessment outcomes, points score, age, English ability, work experience and state or territory nomination criteria.
Hudson McKenzie can assess skilled-migration eligibility, review potential points, advise on occupation and skills-assessment requirements and assist with EOI and visa strategy.
National Innovation, Entrepreneurs & Investor Migration
Australia’s business, innovation and investor immigration framework has changed significantly in recent years.
National Innovation Visa — Subclass 858: The National Innovation visa (NIV) is a permanent, invitation-only visa for exceptionally talented migrants capable of making significant contributions to Australia’s future prosperity.
Home Affairs identifies potential candidates as including:
- global researchers;
- entrepreneurs;
- innovative investors;
- athletes; and
- creatives.
A prospective applicant must first submit an Expression of Interest setting out their achievements. An EOI is not itself a visa application and does not guarantee an invitation. The Department must invite the applicant before a subclass 858 application can be lodged.
The route is based on exceptional achievement and future contribution rather than conventional points-tested skilled migration.
Business Innovation & Investment Program — Closed to New Applications: Australia’s former Business Innovation and Investment Program (BIIP) permanently closed to new applications on 31 July 2024.
This closure applies to the former subclass 188:
- Business Innovation stream;
- Investor stream;
- Significant Investor stream; and
- Entrepreneur stream.
Applications validly lodged before closure can continue to be processed under the applicable arrangements.
Prospective applicants should therefore be cautious about older online material promoting Australia’s former Significant Investor Visa or describing a current Australian “Golden Visa” available for new applications.
For exceptionally accomplished entrepreneurs and innovative investors, the National Innovation visa may be relevant where the applicant has the required international standing and receives an invitation.
Other entrepreneurs may need to consider employer-sponsored, skilled, family or another immigration route depending on their individual circumstances.
Hudson McKenzie can review an entrepreneur’s, innovator’s or investor’s profile and advise on whether the National Innovation visa or another Australian immigration route should be considered.
Partner, Parent, Child & Family Visas
Australia provides a number of immigration routes for qualifying family members of Australian citizens, Australian permanent residents and eligible New Zealand citizens.
Partner & Spouse Visas: The Partner Migration framework covers eligible spouses, de facto partners and prospective spouses.
Important routes include:
- Prospective Marriage visa — subclass 300
- Partner (Provisional) visa — subclass 309
- Partner (Migrant) visa — subclass 100
- Partner visa (Temporary) — subclass 820
- Partner visa (Permanent) — subclass 801
For applicants applying from outside Australia, subclass 309 is generally the provisional stage towards subclass 100 permanent residence.
For qualifying applicants applying in Australia, subclass 820 is generally the temporary stage towards subclass 801 permanent residence.
The subclass 300 route allows an eligible prospective spouse to travel to Australia to marry before progressing through the appropriate Partner visa process.
Partner applications require evidence of the qualifying relationship together with satisfaction of the applicable sponsorship, health, character and other immigration requirements.
Parent Visas: Australia has temporary and permanent visa options for qualifying parents of settled Australian citizens, permanent residents and eligible New Zealand citizens.
These include:
- Parent visa — subclass 103;
- Aged Parent visa — subclass 804;
- Contributory Parent routes; and
- Sponsored Parent (Temporary) visa — subclass 870.
Subclass 870 can allow an eligible parent to stay in Australia temporarily for 3 or 5 years, depending on the visa granted.
Permanent Parent visas are subject to programme limits and queueing. Home Affairs notes that demand exceeds available places, which can result in lengthy processing periods.
Child Visas: Qualifying children may also be sponsored for permanent migration. For example, the Child visa (subclass 101) allows a qualifying dependent child outside Australia to move to Australia to live with an eligible parent.
The appropriate family route depends on the sponsor’s status, family relationship, applicant location and other eligibility requirements.
Hudson McKenzie can assess family composition, sponsor eligibility and the appropriate Partner, Parent or Child visa strategy.
Permanent Residence & Australian Citizenship
Australian permanent residence can be obtained through a number of different immigration pathways rather than through a single universal permanent-residence application.
Potential pathways include:
- Skilled Independent visa — subclass 189;
- Skilled Nominated visa — subclass 190;
- Employer Nomination Scheme — subclass 186;
- Permanent Residence (Skilled Regional) visa — subclass 191;
- National Innovation visa — subclass 858;
- Partner and qualifying family visas; and
- other specialist permanent categories where applicable.
Australian permanent residents can generally live, work and study in Australia without the restrictions applying to many temporary visa holders and may be able to sponsor qualifying family members.
However, permanent residence and Australian citizenship are separate legal statuses. Permanent residents should also consider the travel facility attached to their permanent visa when travelling outside Australia and returning.
Australian Citizenship by Conferral: Many permanent residents may later become eligible to apply for Australian citizenship.
Under the general residence requirement, an applicant ordinarily needs to have:
- lived in Australia on a valid visa for the 4 years immediately before applying;
- held a permanent visa or qualifying Special Category visa for the 12 months immediately before applying;
- been absent from Australia for no more than 12 months in total during those 4 years; and
- been absent for no more than 90 days during the 12 months immediately before applying.
Other citizenship requirements, exceptions and special residence provisions can apply.
Obtaining permanent residence therefore does not automatically or immediately make someone eligible for Australian citizenship.
Hudson McKenzie can review an applicant’s visa, residence and travel history and advise on permanent-residence pathways and immigration considerations relevant to future citizenship planning.
Other Australia Immigration Routes
Business Visitors & Visitor Visas: Foreign nationals travelling to Australia for tourism, family visits or qualifying short-term business activities need the appropriate visitor permission according to nationality and circumstances.
Visitor options can include the Visitor visa (subclass 600), Electronic Travel Authority (subclass 601) and eVisitor visa (subclass 651) depending on eligibility.
The Business Visitor stream of subclass 600 can permit activities such as:
- making general business or employment enquiries;
- investigating or negotiating business contracts;
- attending conferences, trade fairs or seminars; and
- participating in qualifying official government visits.
It does not generally permit the traveller to work for or provide services to an Australian business or sell goods or services directly to the public.
Applicants whose proposed activities amount to productive work should assess whether a work-authorised visa is required.
Working Holiday Maker Visas: Australia operates Working Holiday Maker arrangements for eligible young adults from participating countries.
The programme includes:
- Working Holiday visa — subclass 417; and
- Work and Holiday visa — subclass 462.
Eligibility depends on nationality, age and the applicable bilateral arrangement. These visas are designed principally for temporary travel combined with permitted work and should not be confused with employer-sponsored or permanent skilled migration.
Students & Graduates: The Student visa (subclass 500) allows qualifying international students to undertake approved study in Australia.
Student applicants must satisfy the requirements relevant to their proposed course and educational provider.
Student visa applications lodged from 23 March 2024 onwards are assessed under the Genuine Student (GS) requirement. Applicants must demonstrate that studying in Australia is the primary reason for seeking the Student visa, while Home Affairs acknowledges that a genuine student may later consider permanent residence if separately eligible.
Other requirements can include confirmation of enrolment, financial evidence, English-language requirements, health insurance and health and character criteria.
After qualifying Australian study, some graduates may consider the Temporary Graduate visa (subclass 485) or another employer-sponsored or skilled-migration route where eligible.
Why Choose Hudson McKenzie for Australia Immigration?
Hudson McKenzie advises individuals, families, skilled professionals and international businesses on Australian immigration and global mobility matters.
Our team can assist with:
- Skills in Demand visa (subclass 482) applications;
- employer sponsorship and nominations;
- Employer Nomination Scheme (subclass 186);
- Skilled Employer Sponsored Regional visa (subclass 494);
- Skilled Independent visa (subclass 189);
- Skilled Nominated visa (subclass 190);
- Skilled Work Regional visa (subclass 491);
- SkillSelect Expressions of Interest;
- points-tested skilled-migration assessments;
- National Innovation visa (subclass 858);
- Partner and spouse visas;
- Parent and Child visa matters;
- student and graduate immigration;
- business-visitor assessments;
- Working Holiday Maker immigration;
- permanent-residence planning; and
- corporate immigration and global mobility strategy.
For employers, Hudson McKenzie can support the recruitment and transfer of international employees, assess sponsorship and visa options and coordinate employer and employee immigration processes.
For skilled professionals, we can compare employer-sponsored and points-tested migration routes according to occupation, qualifications, professional experience, English ability, points position and long-term objectives.
For individuals and families, we can assess family, study and longer-term residence options according to personal circumstances.
Where an Australian relocation forms part of a wider international assignment, our global immigration team can also coordinate Australian immigration requirements with broader cross-border mobility planning.
Planning to work, relocate, recruit international talent or join family in Australia? Contact Hudson McKenzie to discuss the immigration options relevant to your circumstances.
Disclaimer: The information provided on this page is for general guidance only and does not constitute legal advice. Australian immigration laws, visa programmes, occupation requirements, points thresholds, sponsorship requirements, state and territory nomination criteria, government fees and application procedures are subject to change. Eligibility depends on individual circumstances and the immigration rules and policies in force at the relevant time. Please contact Hudson McKenzie for advice tailored to your specific circumstances.
Frequently Asked Questions About Australia Visas & Immigration
The correct Australian visa depends on why you are moving and your individual circumstances.
Skilled professionals may consider employer-sponsored routes such as subclasses 482, 186 and 494, or points-tested routes such as subclasses 189, 190 and 491.
Separate pathways exist for exceptional talent, partners and families, students, graduates and Working Holiday applicants.
The Skills in Demand visa (subclass 482) is a temporary employer-sponsored visa for qualifying skilled workers.
An approved employer sponsors an overseas worker for a nominated skilled position where the employer, occupation and candidate satisfy the relevant requirements.
Current Home Affairs guidance states that subclass 482 visas are generally granted for 1 to 4 years, depending on the circumstances.
Potentially.
A qualifying Australian employer can sponsor suitably skilled overseas employees where the applicable sponsorship, nomination, occupation and candidate requirements are met.
Important employer-sponsored routes include the Skills in Demand visa (subclass 482), Employer Nomination Scheme visa (subclass 186) and Skilled Employer Sponsored Regional visa (subclass 494).
Yes, in qualifying circumstances.
The Employer Nomination Scheme visa (subclass 186) provides permanent residence for eligible employer-nominated skilled workers.
Some temporary sponsored workers may potentially progress from subclass 482 to subclass 186 where the requirements of the applicable Employer Nomination Scheme stream are satisfied.
Regional subclass 494 holders may also potentially progress towards subclass 191 permanent residence where the relevant requirements are met.
All three are points-tested skilled-migration routes requiring an Expression of Interest through SkillSelect.
Subclass 189 does not require employer or state nomination and is permanent at grant.
Subclass 190 requires state or territory nomination and is permanent at grant.
Subclass 491 requires state or territory nomination or eligible family sponsorship, is regional and provisional rather than immediately permanent.
Potentially.
The Skilled Independent visa (subclass 189) does not require employer sponsorship. State or territory-nominated subclasses 190 and 491 can also provide options for eligible applicants.
The National Innovation visa does not require conventional employer sponsorship either, but it is invitation-only and intended for applicants with exceptional achievements.
The National Innovation visa (subclass 858) is a permanent visa for exceptionally talented individuals who can make a significant contribution to Australia.
Potential candidates include global researchers, entrepreneurs, innovative investors, athletes and creatives.
Applicants must first submit an Expression of Interest and receive an invitation from the Department before applying for the visa.
Australia’s former Business Innovation and Investment Program is closed to new applications.
The programme included the subclass 188 Investor, Significant Investor, Business Innovation and Entrepreneur streams and closed permanently to new applications on 31 July 2024.
Exceptionally accomplished entrepreneurs or innovative investors may potentially be considered under the invitation-only National Innovation visa, depending on their achievements and circumstances.
Potentially.
Australia provides separate visa routes for qualifying partners, prospective spouses, children and parents of Australian citizens, permanent residents and eligible New Zealand citizens.
Some skilled and employer-sponsored visas can also allow qualifying family members to be included or join the principal applicant, subject to the relevant visa requirements.
Parent visas can involve programme limits and lengthy queues, so family migration strategy should be assessed carefully.
Under the general residence requirement, many citizenship-by-conferral applicants need to have lived in Australia on a valid visa for 4 years immediately before applying, including the final 12 months as a permanent resident or qualifying Special Category visa holder.
Applicants must also satisfy the applicable absence limits and other citizenship requirements.
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