Immigration Law
Skilled migration
Skilled migration is a competition, not an application: you are ranked against everyone else with the same occupation, and the invitations go to the highest ranked. Sun Lawyers helps skilled workers assess their points honestly, choose between the independent, state nominated and regional visas, and put together an expression of interest and a state nomination that will stand up. We work in English and Mandarin.
Book a consultationWhen you need this
- You want to know whether you qualify for a skilled visa and how many points you really have.
- You hold a student or graduate visa and want a plan for permanent residence.
- You need a skills assessment, an English test or a state nomination and are not sure which to do first.
- You have been invited to apply and have 60 days to lodge.
- You hold a 491 visa and are approaching the 3 year mark for the 191 permanent visa.
What we do
- Assess your eligibility and points against the current table, and tell you plainly whether the score is competitive for your occupation.
- Plan the sequence: skills assessment, English test, state nomination, expression of interest.
- Prepare the expression of interest in SkillSelect and the NSW nomination application.
- Prepare the visa application after invitation, with every claim in the expression of interest supported by evidence.
- Advise 491 holders on the regional living and working conditions and prepare the 191 application.
Points worth knowing
- Three visas, one points test. The Skilled Independent (189) visa is permanent and needs no nomination; the Skilled Nominated (190) visa is permanent and needs a state or territory nomination; the Skilled Work Regional (491) visa is a 5 year provisional visa that needs a state nomination or an eligible relative in a regional area, and leads to the permanent 191 visa. All three require an invitation, an age under 45 at invitation, at least Competent English, a skills assessment obtained in the 3 years before invitation, and a score of at least 65 points.
- 65 is the floor, not the target. The minimum score is 65, but invitations go to the highest ranked expressions of interest in each occupation. In the Department's round of 4 June 2026 the lowest score invited was 80 for solicitors and barristers, 75 for registered nurses in aged care and secondary teachers, and 65 for carpenters, electricians and plumbers. A state nomination adds 5 points for the 190 visa and 15 points for the 491 visa.
- Where the points come from. Age (30 points between 25 and 32, falling to 15 at 40 to 44), English (10 for Proficient, 20 for Superior), skilled employment (up to 20 points across Australian and overseas work), qualifications (20 for a doctorate, 15 for a bachelor or master degree, 10 for an Australian diploma or trade qualification), with 5 or 10 points each for Australian study, a research degree in a STEM field, regional study, a Professional Year, a NAATI credential, and a partner's skills or English, or for being single.
- The expression of interest is the real application. An expression of interest in SkillSelect carries no fee, stays active for 2 years, and can be updated until you are invited; after two invitations without an application it is removed. Once invited, you have 60 days to lodge the visa and the Department cannot extend that period. Every claim in the expression of interest must be proved at the visa stage, and points are assessed as at the date of invitation.
- NSW nomination is selective. NSW invites candidates from SkillSelect in its own rounds, with no published dates, and describes nomination for the 190 visa as exceptionally competitive; an invitation to apply is valid for 14 days and is not extended. Your occupation must be within a unit group on the NSW Skills List, and you must be working in NSW in your nominated occupation for at least 20 hours a week, or have lived continuously in NSW, or continuously offshore, for at least 6 months. NSW has closed its 491 program for the current program year, with settings under review.
- Regional means regional. A 491 holder and their family must live, work and study in a designated regional area, which is most of Australia outside Sydney, Melbourne and Brisbane, and cannot apply for most permanent visas until they have held the 491 for 3 years. The 191 visa then requires 3 years on the 491 or 494, compliance with its conditions, and tax notices of assessment for 3 of the 5 years of the visa; the Department's current page states there is no minimum income requirement.
- Program numbers shape your chances. The 2026-27 permanent program sets 21,090 places for skilled independent visas, 35,500 for state and territory nominated and 14,110 for regional visas. NSW's allocation for 2025-26 was 2,100 nominations for the 190 visa and 1,500 for the 491.
How we work
- 01
A first conversation in English or Mandarin about your occupation, qualifications, work history and visa status, and a points estimate on the spot.
- 02
Before any work starts, we confirm the scope of work and our fees in writing.
- 03
We set out the sequence and the dates, prepare each step with you, and lodge the visa application within the invitation period.
Common questions
I have 65 points. Will I be invited?
Probably not on 65 alone for most occupations. The published minimum scores in recent rounds are well above 65 for many professions, and NSW says most people seeking its nomination will not be invited. We will tell you what score is realistic for your occupation and what can raise it.
Should I wait for the points test to change?
The Government consulted on a reformed points test in 2024, and as at October 2026 no new test has been announced. We advise on the rules as they stand and keep you informed if they change.
Can I apply for the 190 and the 189 at the same time?
You can hold one expression of interest for several visas, but if you have lodged a 189 visa application you are no longer eligible for NSW nomination, and once nominated by NSW you cannot be nominated again for another skilled visa.
Related legal services
This page is general information about Australian immigration law and is not legal advice. Please contact us about your own situation.
Last updated: October 2026

