What Are The Primary Criteria For The Subclass 109?
Below we have listed the main or ‘primary’ criteria for the grant of this visa. We have paraphrased and simplified the legal clauses to make them easier to understand.
- A positive skill assessment for an occupation that is on the Medium and Long Term Strategic Skills List (MLTSSL) or Short Term Skilled Occupation List – Migration Regulations 1994 (CTH) Sch 1 Item 1138 4 (4)
- Meet or surpass the minimum English language requirement – Migration Regulations 1994 (CTH) Sch 2 reg 190.213
- You must be nominated by a State or Territory government agency – Migration Regulations 1994 (CTH) Sch 1 Item 1138 4 (5)Receive an invitation to apply from the Department – Migration Regulations 1994 (CTH) Sch 2 reg 190.211
- Have at least 65 points in your skilled points test – Migration Regulations 1994 (CTH) Sch 2 reg 190.214 (1)
We’ll go through each of the sections below.
Which Occupation List Can You Be On?
This visa allows people whose occupation is on either the Medium and Long Term Strategic Skills List (MLTSSL) or the Short Term Skilled Occupation List (STSOL).
Both lists have different sets of occupations, which you can find using the links above.
Understanding the occupations on the list
We’ve covered this in a previous article but it’s good to get a refresher on it – how do you determine if your qualifications and experience matches the occupations stated in one of the skilled occupation lists?
Usually, most of the occupations will be pretty self-explanatory just from their title, however you might sometimes encounter certain occupations that are a bit harder to classify.
In this instance you will need to search for that particular ANZSCO and look at the tasks listed.
Too complicated? Let’s refer to an example:
Civil Engineer is on the MLTSSL. A quick search and you will find Civil Engineer (233211) code, click on the link and you will notice that the Australian Bureau of Statistics (ABS) list the tasks a qualified Civil Engineer is expected to complete.
You will need to complete a similar group of tasks as compared to what is written there – 60% or more is usually enough.
The English Language Requirement
The English language requirement remains unchanged for this visa type (i.e. it is identical to that of the subclass 189). This can be seen below.
You need to have ‘competent’ English language ability which is satisfied if you have:
- An IELTS test score of at least 6 in each of the four test components of speaking, reading, writing and listening; or
- An OET test score of at least B in each of the four test components of speaking, reading, writing and listening; or
- A TOEFL iBT test score with at least the following scores in the four test components: 18 for speaking, 13 for reading, 21 for writing and 12 for listening; or
- A PTE Academic test score of at least 50 in each of the four test components of speaking, reading, writing and listening; or
- If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand
Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy.
If you are counting points on the basis of your English language ability, then you still need to satisfy the relevant requirement in order to gain those points.
Nomination From a State or Territory Government
This visa differs to the direct entry of the subclass 189 because it requires a state to nominate your application before you can proceed to receive an invitation from the federal government.
Note that not all states are open for all occupations throughout the year – and that states have varying requirements on who is allowed to apply for a nomination.
Invitation To Apply
We’ll talk about this later in the guide, but in essence your visa is not officially being processed by the Department of Home Affairs (DHA) until you have received an invitation from them to apply for the visa programme.
This happens only after a state has nominated you – without the nomination you can’t proceed to this stage.
Under 45 Years Old
Same as per other skilled visa types, the subclass 190 is only for main applicants under the age of 45 before the time when they receive the ‘invitation to apply’ mentioned above.
That means your age is not locked in when you start the process, but only when you have a valid application with the Department of Home Affairs.
Either member of a couple (married or defacto) can be the main applicant, so in the case of one being above 45, you can apply using their partner or spouse instead – as long as they fulfil the criteria mentioned on this page.
It doesn’t matter how old the secondary applicants are, only the main applicant needs to be under 45 years old to qualify.
The 65 Points Requirement
As of July 1st 2018, the minimum points threshold for a valid application was adjusted to 65 points (previously it was 60 points).
Your points are made up from various factors such as your age, English language ability and others, which you can see in the table below. Note that by applying for this visa type, you will get an additional 5 points for having a state nomination.
Please see some explanatory notes below on some of the key items in the table above.