Jay Son

Expression of Interest ('EOI')

Expression of Interest (‘EOI’) – Hummingbird Legal

Expression of interest ('EOI')

Expression of Interest ('EOI')

Expression of Interest ('EOI')

Expression of Interest ('EOI')

What is Expression of Interest (‘EOI’)?

An expression of interest (‘EOI’) is essential when you are migrating to Australia as a skilled worker for the 189, 190 or 491 visa, or businessperson for the 188 visa. You can create an EOI in SkillSelect, providing your personal information as well as your background information to claim the necessary points.

It is imperative that you claim only the points that you are able to actually demonstrate so if you are uncertain as to the points you can claim, you should speak to a migration lawyer about it.

It is also important to understand that your EOI is not a visa application, and hence you will not get a bridging visa even if you submit it onshore. If your current visa is expiring, you are highly encouraged to speak to a migration lawyer to find your suitable migration options in the meantime. By submitting a valid EOI, you are letting the Department of Home Affairs know that you intend to migrate to Australia. You will receive invitation to lodge a visa application if the Department of Home Affairs needs your skills, business innovation or investment in Australia, taking your points into account of their assessment.

How do I get 65 points?

Your points are based on the scores that you are able to achieve in light of your background including your age, English language, employment experience, education qualifications, partner qualifications and so on.

Other factors that may have an impact on your points include Australian study requirement, credentialled community language, Australian professional year, state/territory nomination, regional study and/or specialist educational qualifications.

You can use the calculator tool on the Department’s website. Moreover, it is advisable that you speak to an experienced migration lawyer to advise you on your best course of action, given your claimable points.

What is skilled employment?

To claim points for work experience for the points-based visas (189, 190 and 491 visa), your employment must be ‘skilled’. This generally includes the employment period beginning from the date on which the relevant skills assessing authority deemed you ‘skilled’. The Immigration may also have regard to the Standard Classification of Occupations and any other relevant information such as your employment records. In some occupations, you may also need to be registered to be deemed ‘skilled’ but depending on the type of your occupation, you may be able to claim points on your provisional registration. To find out if you are able to claim work experience points given your unique background, it is best to speak to a migration lawyer who can advise you accordingly.

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Migration Skills Assessment

Migration Skills Assessment – Hummingbird Legal

Australian migration skills assessment

Migration Skills Assessment

Migration Skills Assessment

Migration Skills Assessment

DO I NEED A SKILLS ASSESSMENT?

Skills assessments are issued by relevant skills assessing authorities in Australia. A skills assessing authority is an organisation that checks that your skills meet the set standards to work in a relevant occupation.

For many visas in Australia, a valid skills assessment is necessary. For example, you need a valid skills assessment for subclass 186, 189, 190, 485, 491, 494 and even 482 in some circumstances. In some cases, you may be exempt or do not need a skills assessment.

However, assessment criteria and the type of skills assessment you require, or whether you will actually need a valid skills assessment for your specific visa, will significantly vary depending on the visa you apply for and your individual circumstances such as your occupation, qualifications, nationality and so on. To find out more about skills assessment given your individual situation, it is best to discuss with a migration lawyer.

HOW LONG IS MY SKILLS ASSESSMENT VALID FOR?

Skills assessments are generally valid for 3 years from the date of the assessment. If no validity period is shown on a skills assessment, the assessment is valid for 3 years from date of issue.

However, if the validity period shown on your skills assessment is less than 3 years, the assessment is only valid for the period stated on the assessment.

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Subclass 190 Skilled Nominated Visa

Skilled Nominated Subclass 190 Visa – Hummingbird Legal

Subclass 190

Skilled Nominated Visa

Skilled Nominated Visa (Subclass 190)

Subclass 190 Skilled Nominated Visa

FEATURES

Subclass 190 visa is a skilled nominated visa which requires you to be nominated by an Australian state or territory government agency.

This visa allows skilled workers that Australia requires to live and work in Australia permanently.

You can apply for this visa whether you are outside or in Australia as long as you can demonstrate that you satisfy the criteria to apply for this visa.

BENEFITS

The subclass 190 Skilled Nominated visa is a permanent visa. Therefore, when you have this visa, you can stay in Australia permanently, work and study, enrol in Australia’s public health care scheme (Medicare), sponsor your relatives to come to Australia and travel to and from Australia for as many times as you wish.

ELIGIBILITY

To be eligible for Subclass 189 Skilled Nominated visa, your nominated occupation may be on either MLTSSL or STSOL and you must have a valid skills assessment relevant to your occupation.

You must also have an Expression of Interest (‘EOI’) with sufficient points (minimum 65 points) and receive an invitation before you can apply for this visa. For the 190 Skilled Nominated visa, you will also gain an additional 5 points on your EOI.

Nomination assessment criteria varies between all state and territory government agencies, so it is important that you understand your position early on. You are encouraged to speak to an experienced migration lawyer who can examine your case and assist with your subclass 190 state nomination options.

HOW DO I GET 65 POINTS?

Your points are based on the scores that you are able to achieve in light of your background including your age, English language, employment experience, education qualifications, partner qualifications and so on.

Other factors that may have an impact on your points include Australian study requirement, credentialled community language, Australian professional year, state/territory nomination, regional study and/or specialist educational qualifications.

You can use the calculator tool on the Department’s website. Moreover, it is advisable that you speak to an experienced migration lawyer to advise you on your best course of action, given your claimable points.

OTHER REQUIREMENTS

You must also satisfy the character and health requirements.

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Skilled Independent 189 Visa

Skilled Independent Subclass 189 Visa – Hummingbird Legal

Subclass 189

Skilled Independent Visa

Skilled Independent Visa (Subclass 189)

Skilled Independent 189 Visa

FEATURES

Subclass 189 visa is a skilled independent visa which is comprised of Points-tested stream and New Zealand stream.

This visa allows invited workers and New Zealand citizens with skills that Australia requires to live and work in Australia permanently.

You can apply for this visa whether you are outside or in Australia as long as you can demonstrate that you satisfy the criteria to apply for this visa.

BENEFITS

The subclass 189 Skilled Independent visa is a permanent visa. Therefore, when you have this visa, you can stay in Australia permanently, work and study, enrol in Australia’s public health care scheme (Medicare), sponsor your relatives to come to Australia and travel to and from Australia for as many times as you wish.

ELIGIBILITY

Points-tested Stream

For the points-tested stream, your occupation must be on the MLTSSL and you must have a valid skills assessment relevant to your occupation. You must also have an Expression of Interest (‘EOI’) with sufficient points and receive an invitation before you can apply for this visa. You must also be under 45 years old at the time of invitation.

New Zealand Stream

For the New Zealand stream, you must be a New Zealand citizen who arrived in Australia as a usual resident in Australia on or before 19 February 2016. You must also meet the 5-year residence requirement and the specified income requirement for at least 3 completed financial years in the 5 years immediately before you apply.

HOW DO I GET 65 POINTS?

Your points are based on the scores that you are able to achieve in light of your background including your age, English language, employment experience, education qualifications, partner qualifications and so on.

Other factors that may have an impact on your points include Australian study requirement, credentialled community language, Australian professional year, state/territory nomination, regional study and/or specialist educational qualifications.

You can use the calculator tool on the Department’s website. Moreover, it is advisable that you speak to an experienced migration lawyer to advise you on your best course of action, given your claimable points.

OTHER REQUIREMENTS

You must also satisfy the character and health requirements.

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Subclass 461

New Zealand Citizen Family Relationship visa (Subclass 461)

Subclass 461

New Zealand Citizen Family Relationship Visa

New Zealand Citizen Family Relationship Visa (Subclass 461)

Subclass 461

FEATURES

Subclass 461 New Zealand Citizen Family Relationship visa is for a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen. It lets individuals to live and work in Australia for five years.

You can extend this visa for another 5 years by applying for another Subclass 461 visa if you meet the certain eligibility criteria.

You can apply for this visa whether you are outside or in Australia as long as you can demonstrate that you are in a relationship with a New Zealand citizen, or other eligibility criteria is met. Contact Hummingbird Legal to discuss whether you are eligible.

 

BENEFITS

While you are on the 461 New Zealand Citizen Family Relationship visa, you can come and stay in Australia for five years with the possibility of extension. You can also work in Australia, study in Australia (no government support), travel outside Australia as many times as you want.

ELIGIBILITY

If this is the first time you are applying for the Subclass 461 visa, you must be a member of the family unit of a New Zealand citizen, who is not an eligible New Zealand citizen.

For the Subclass 461 visa, a member of the family unit is someone who:

  • is a spouse or de facto partner of the New Zealand citizen; or
  • is a child or step‑child of the new Zealand citizen or the applicant (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner); who has:
    • not turned 18; or
    • turned 18 but is dependent on the New Zealand citizen or the applicant

If you are married to the New Zealand citizen, your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

If you are in a de facto relationship with the New Zealand citizen, usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 309 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa; or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You must live with your spouse or do not live apart on a permanent basis and you and your spouse must both be committed to a shared life together to the exclusion of all others.

You must also show that your relationship is genuine and continuing in light of the following four aspects of relationship:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment

 

EXTENSION ELIGIBILITY – IF YOU ARE NO LONGER A MEMBER OF THE FAMILY UNIT OF THE NEW ZEALAND CITIZEN

If you are in Australia and you hold a Subclass 461 visa or you do not hold a substantive visa and the last substantive visa you held was a Subclass 461 visa, and you are no longer a family member of the family unit of the New Zealand citizen to whom you were previously granted a Subclass 461 visa, then you must not have become a member of the family unit of any other person.

If you are outside Australia, You either:

  • have been in Australia as the holder of a Subclass 461 visa for at least 2 years in the past 5 years immediately before you made your visa application, or
  • have substantial business, cultural, employment or personal ties with Australia that are of benefit to Australia and you have not been away from Australia for a continuous period of 5 years or more immediately before applying for this visa (unless you have compelling reasons for your absence).

You must also have held a Subclass 461 visa when you last left Australia and you must not have become a member of the family unit of another person.

 

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Offshore Partner Visa

Offshore Partner Visa (Subclass 309 and 100)

Subclass 309 and 100

Offshore Partner Visa

Offshore Partner Visa (Subclass 309 and 100)

Offshore Partner Visa

FEATURES

Offshore Partner visa (subclass 309 and 100) allows individuals who are a spouse or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, to come and live in Australia.

309 Partner (Provisional) visa is granted first to allow the applicants to come and live in Australia until they become eligible for 100 Partner (Permanent) visa.

If you have been in a long-term relationship before you lodge your application, the permanent subclass 100 visa may be granted immediately after the provisional subclass 309 visa. Contact Hummingbird Legal to discuss whether you are eligible.

 

BENEFITS

While you are on the 309 Partner (Provisional) visa, you can come and stay in Australia until a decision is made on your 100 Partner (Permanent) visa, work in Australia, study in Australia (no government support), travel outside Australia as many times as you want, access MEP free English language tuition and enrol in Medicare, the Australia’s national health scheme.

ELIGIBILITY

You must be married or in a de facto relationship with:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

If you are married, your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

If you are in a de facto relationship, usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 309 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa; or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident or an eligible New Zealand citizen, who undertakes sponsorship obligations. The sponsor is usually your partner who is over the age of 18.

 

OTHER REQUIREMENTS

You must live with your spouse or do not live apart on a permanent basis and you and your spouse must both be committed to a shared life together to the exclusion of all others.

You must also show that your relationship is genuine and continuing in light of the following four aspects of relationship:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment

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Onshore Partner Visa

Onshore Partner Visa (Subclass 820 and 801)

Subclass 820 and 801

Onshore Partner Visa

Onshore Partner Visa (Subclass 820 and 801)

Onshore Partner Visa

FEATURES

Onshore Partner visa (subclass 820 and 801) allows individuals who are a spouse or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, to live in Australia.

820 Partner (Provisional) visa is granted first to allow the applicants to live in Australia until they become eligible for 801 Partner (Permanent) visa.

If you have been in a long-term relationship before you lodge your application, the permanent subclass 801 visa may be granted immediately after the temporary subclass 820 visa. Contact Hummingbird Legal to discuss whether you are eligible.

 

BENEFITS

While you are on 820 Partner (Provisional) visa, you can stay in Australia until a decision is made on your 801 Partner (Permanent) visa, work in Australia, study in Australia (no government support), travel outside Australia as many times as you want, access MEP free English language tuition and enrol in Medicare, the Australia’s national health scheme.

ELIGIBILITY

You must be married or in a de facto relationship with:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

If you are married, your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

If you are in a de facto relationship, usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 820 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa; or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident or an eligible New Zealand citizen, who undertakes sponsorship obligations. The sponsor is usually your partner who is over the age of 18.

 

OTHER REQUIREMENTS

You must live with your spouse or do not live apart on a permanent basis and you and your spouse must both be committed to a shared life together to the exclusion of all others.

You must also show that your relationship is genuine and continuing in light of the following four aspects of relationship:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment

 

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