I’m an Immigration Lawyer - Here’s what I wish more people knew about migrating to Australia.
As an immigration lawyer, I regularly consult with people about their eligibility for an Australian visa, including people who are in the early stages of exploring their migration options to Australia, as well as persons who are now ready to apply for permanent residency or citizenship in Australia.
Some people come to me with specific questions after they have done some “research” into the various visa requirements on Facebook groups, reddit, and even TikTok, wanting to proceed with a visa application as soon as possible. Some other people come to me with a very cursory understanding of the types of visas that are available, with just a simple statement like “I want to migrate to Australia and I think I might be eligible for a skilled visa.” Most of these people may potentially be eligible for an Australian visa, whether that is a skilled visa, an employer-sponsored visa or a family category visa, or there may at least be steps they can take towards satisfying the relevant eligibility criteria.
On the other hand, many people are often unaware of the many prerequisites and potential issues which may arise in their case, and how they should pre-emptively address this, until they have had a formal consultation with me to discuss their case in detail.
So here are some of the things I wish more people understood about migration to Australia before they start their migration journey.
1) Skilled migration is not guaranteed and is much more competitive than you would expect
Skilled visas such as the Skilled Independent (Subclass 189) visa, Skilled Nominated (Subclass 190) visa and the Skilled Work (Regional) (Provisional) (Subclass 491) visa are often seen as the “easiest” pathways to permanent residency in Australia, since they do not require employer sponsorship. On the other hand, these visa programs are highly competitive and invitation-only, and meeting the basic requirements do not mean that you will be invited to apply for the visa.
To even be eligible to be considered (c.f. invited to apply) for a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa, you must generally obtain a skills assessment, submit an Expression of Interest (EOI), potentially also submit a Registration of Interest (ROI) depending on the type of visa and state/territory you are seeking nomination from, and meet other state/territory specific nomination criteria, before essentially waiting for an indefinite period of time to see if you are selected. Subclass 189 visa invitations are generally run sporadically by the Australian Government, and each state or territory government runs its own skilled migration program and invitation rounds for the Subclass 190 visa and Subclass 491 visa up until it has exhausted its allocation of places in each financial year. In the 2025-26 financial year, there was a substantial reduction in nomination places for most states including Victoria, New South Wales, Western Australia and South Australia.
Once you have submitted your Expression of Interest (EOI) and/or Registration of Interest (ROI), you are competing against thousands of other people who may have:
higher English scores
more years of skilled employment
higher qualifications
work experience and/or a skills assessment in a priority occupation
other attributes specific to the relevant state/territory they are seeking nomination from which may work in their favour
If your profile is not competitive enough to be selected for Subclass 189 visa invitation, or Subclass 190/ Subclass 491 visa nomination, your EOI and ROI may simply never be selected.
2) For skilled migration, not all work experience counts as “skilled employment”
A lot of people who are going to, or have already submitted an Expression of Interest (EOI) and/or Registration of Interest (ROI) to be considered for Subclass 189, Subclass 190 or Subclass 491 visa invitation are unaware that you may not be able to count all previous work experience as “skilled employment” for points test purposes.
Broadly, only the following work experience can be counted for points test purposes:
skilled employment in your nominated occupation or a closely related occupation over the last 10 years
paid work experience (unpaid leave and/or unpaid work does not count)
undertaken for at least 20 hours/week (if your work experience was undertaken on a casual basis, periods where you worked less than 20 hours/week do not generally count)
undertaken generally after you obtained any relevant qualifications, with limited exceptions
If you overclaim points for skilled employment in your EOI and secure an invitation to apply for a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa based on those points, this does not mean that you are now “safe” or that you will surely be granted a visa. In actual fact, there are multiple stages throughout the skilled visa process where you may be scrutinised and assessed against different sets of criteria, including at the nomination and departmental stage. For instance, where your EOI or ROI is selected by the relevant state/territory government to be considered for nomination, you may be asked to provide employment documents to prove your skilled employment. After you lodge your Subclass 189, Subclass 190 or Subclass 491 visa application, the Department of Home Affairs may also ask you for further employment documentation to show that your skilled employment was paid, undertaken for at least 20 hours/week throughout the period you have claimed, and/or that it aligned substantially with the tasks for your nominated occupation, etc.
As an immigration lawyer, I have been asked to assist with many cases where persons who were invited to apply for a Subclass 189, Subclass 190 or Subclass 491 visa are now struggling to substantiate the points they have claimed for skilled employment, and are therefore at risk of having their nomination or visa application refused.
It is essential that familiarise yourself with all relevant prerequisites to claiming points for general skilled migration purposes, so that you do not inadvertently overclaim points, and so that you are prepared to substantiate all the information and claims in your EOI and/or ROI.
3) Sometimes a Partner visa is the better option over pursuing a Skilled visa
I often consult with people who are potentially eligible for both a Skilled visa and a Partner visa, and who prefer to pursue a Skilled visa over a Partner visa as they believe that this would be easier, faster and cheaper.
Whether a Skilled visa or Partner visa is the better option for you would depend on the individual circumstances of your case, but generally speaking, pursuing a Skilled visa and taking steps to maximise your points score while awaiting an invitation (which may never come), may not be any easier, faster or cheaper than simply applying for a Partner visa right from the get go. In particular, the processing times for a Subclass 189 or Subclass 190 visa application may be just as long as the processing times for a Partner visa application, unless you are in a priority occupation such as in the healthcare and/or social services sector. As such, in most cases, particularly for persons who are not working in a “priority occupation”, or persons whose EOI and/or ROI may not be particularly competitive, a Partner visa may actually be the more realistic pathway to permanent residency.
If you are considering whether you should now apply for a Partner visa or wait to be invited for a Skilled visa, you can click here to read about the four (4) important considerations I always go through with my clients to help them decide their next steps: Ask an Immigration Lawyer - Should I apply for a Partner visa or wait to be invited for a Skilled visa?.
4) There are age limits for certain visas
Many people are unaware that certain visas, including skilled visa and employer-sponsored visas, have age limits, which precludes many people from applying for them where they do not meet the age requirement. For instance:
You are no longer eligible for Subclass 189, Subclass 190 or Subclass 491 visa invitation where you have turned 45 years of age.
There is no age limit for the Skills in Demand (Subclass 482) visa (formerly known as the Temporary Skills Shortage (Subclass 482) visa) which can be granted to you for a period of up to four (4) years. On the other hand, if you are using the Subclass 482 visa as a pathway to permanent residency through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (Subclass 186) visa, you must generally be under 45 years of age when applying for the Subclass 186 visa, with limited exceptions. Since you must generally hold your Subclass 482 visa and work on your Subclass 482 visa for at least two (2) years before being eligible to apply for a Subclass 186 visa in the TRT stream, persons who are granted their Subclass 482 visa when they are already close to turning 45 years of age may age out of being eligible to transition to permanent residency through the Subclass 186 visa.
There are some limited exceptions to these age limits which may apply in specific circumstances, and I discuss some of these exceptions in our general guide on Aged 45 or more? This is Your Guide to Permanent Migration Options in Australia.
5) The Australian Government can cross-check your information through data-matching
Many people often overlook the importance of ensuring the accuracy of information in not just your current visa application, but also information you have provided to the Australian Government across the board, such that it is consistent with information that you have provided e.g. in the incoming passenger card you provide to the Australian Border Force, your income tax return you submit to the Australian Taxation Office, the information that your spouse or partner provides (or doesn’t disclose) to Services Australia (Centrelink) about your relationship, etc.
For instance, where you have been sponsored for an employer-sponsored visa such as a Skills in Demand (Subclass 482) visa or Skilled Employer Sponsored Regional (Subclass 482) visa, or claim to have accrued work experience with an Australian employer for general skilled migration points test purposes, the Department of Home Affairs may conduct data-matching with the Australian Taxation Office to verify your skilled employment claims, as well as whether you have been working for your sponsoring employer in accordance with your visa conditions.
Additionally, if you have lodged a Partner visa application on the basis of your de facto or spousal relationship with an Australian citizen, permanent resident or eligible New Zealand citizen who you claim to live with, the Department may conduct data-matching with the Australian Border Force and Services Australia (Centrelink) to verify your residential address, emergency contact details and/or relationship status, amongst other information.
In circumstances where the Department of Home Affairs comes across information which is inconsistent with the claims you are making in your visa application, you may be invited to comment on this adverse information or even the alleged provision of bogus information or documents. If you are unable to provide a satisfactory explanation, your visa application could be refused for bogus information and/or documents you may have provided, and you may also be subject to a 3-year exclusion period as a result of this refusal.
6) Bridging visa B applications are not always straightforward
For most people, applying for a Bridging visa (BVB) to travel out of Australia while their visa application is being processed is a rather routine and straightforward process. Depending on the individual circumstances of each case, most BVB applications are generally granted within or in around three (3) weeks, and certain BVBs are even granted with a multiple-entry travel facility of up to twelve (12) months, such as where you have lodged a Partner visa application which generally has lengthy processing times.
On the other hand, certain applicants may face difficulties with being granted a BVB in a timely manner, especially those who:
have applied for judicial review of their matter to the Federal Circuit and Family Court of Australia, the Federal Court of Australia and/or the High Court of Australia;
have been refused a Protection (Subclass 866) visa; and/or
have a complex immigration history.
7) Not everyone can “appeal” or apply for merits review of the refusal of their visa at the Administrative Review Tribunal
Some people incorrectly assume that if their visa application is refused, they can automatically appeal to the Administrative Review Tribunal (“ART”) for merits review or reconsideration of their case.
While the majority of onshore visa applications, as well as some offshore applications may be “appealed” upon refusal, the ART does not have jurisdiction to consider all visa applications that have been refused.
Additionally, in certain cases, the person with standing to apply for review, e.g. the visa applicant or sponsor, may also need to be in Australia at the time of application, in order to be eligible to lodge an application for review with the ART. In circumstances where the visa applicant is overseas and no longer has a right of entry to Australia, e.g. where their bridging visa has ceased and they are not eligible for another visa, or have not been granted another visa to travel to Australia, they may not actually be able to apply for review of their case to the ART.
8) You don’t always have to live together to be eligible for a Partner visa if you have a good reason for your temporary separate living arrangements
Many people are not aware that you may still be able to demonstrate a de facto or married relationship for a Partner visa where you are not presently living with each other, such as where you are living apart temporarily due to:
work commitments
study commitments
family responsibilities
cultural or religious reasons
visa restrictions
Whilst this means that you may still be eligible for the grant of a Partner visa where you are not currently living with your spouse or de facto partner, it is essential that you have a good reason for why you are currently living separately, and that you also have evidence of your intention and/or concrete plans to start or resume living together in the near future.
When explaining your reasons for why you currently live separately or may have previously lived separately, and conveying your plans to live together in the future, it is also crucial to be mindful of how this ties in with the nature of your commitment to each other, which is an important aspect in the Department of Home Affairs’ assessment of your relationship.
Due to the complex nature of such Partner visa applications, it is essential that you seek professional advice from an immigration lawyer to help you not only better explain periods where you have lived separately, but also prove that you will be living together in the near future, in a way that does not undermine the nature of your commitment to each other.
Want to know more?
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia. Should you wish to discuss your migration options in Australia, please do not hesitate to email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message on WhatsApp.
