Many people who contact our office are looking for a clear, realistic route to Australian permanent residency. While there are additional pathways in particular circumstances – for most people the options fall into three categories:
- Family Sponsorship
- General Skilled Migration, and
- Employer Sponsorship
1. General Skilled Migration (points-tested)
General Skilled Migration includes the Skilled Independent (subclass 189), Skilled Nominated (subclass 190) and Skilled Work Regional (Provisional) (subclass 491) visas. The GSM programme is points-tested and provides a pathway to permanent residence without employer sponsorship.
Before you can apply for a GSM visa you need to be invited. You first submit an Expression of Interest (EOI) in SkillSelect and, only if you are invited — by the Commonwealth for the 189 visa, or by a State or Territory for the 190 or 491 visas — can you lodge the visa application.
Invitations are not guaranteed and may never be issued, so it is sensible to keep other options in view while your EOI is active.
To be considered for an invitation, your nominated occupation must be on the relevant occupation list & properly match your qualifications and skilled employment. You must hold a positive skills assessment from the relevant assessing authority for that occupation, and you must meet the English-language and points requirements. For the 190 and 491, you will also need to meet the individual State or Territory nomination rules, which can include a separate State EOI, recent residence or employment in the jurisdiction, and a commitment to live and work there.
If granted, the 189 and 190 are permanent visas. The 491 is a provisional visa that requires residence and employment in a designated regional area and can lead to permanent residence via the 191 once the residence, income and other statutory criteria are met.
Advantages: Competitive applicants can obtain permanent residence through the 189 or 190 following an invitation, and the points framework provides a structured way to understand competitiveness. Where a direct invitation is unlikely, the 491 can form part of a staged plan that ultimately leads to the 191 when the legislative criteria are satisfied.
Considerations: An invitation must be recieved before you can apply – which may never be issued – even if you are eligible. Every claimed point must be supported by accurate evidence, and for the 190 and 491 you must also meet the nomination rules of your chosen State or Territory, which can change with program settings.
2. Employer sponsorship
If you can find an employer who has a genuine need for your skills and is willing to sponsor you, this can be a strong pathway to permanent residence.
You can apply directly for permanent residence if you meet the required level of skills and experience for your occupation — that is the Employer Nomination Scheme (subclass 186) Direct Entry stream. For many occupations this includes a positive skills assessment and at least three years of relevant full-time experience (occupation-specific rules apply).
If you don’t meet the requirements for the Employer Nomination Scheme (subclass 186) Direct Entry stream, a staged approach is common.
You can be first be sponsored on the Skills in Demand visa (subclass 482) and, after working in the nominated occupation for the same sponsoring employer for the requisite period (generally two years under current settings), meet the age and English requirements and keep any licensing/registration current (if required), you can transition to permanent residence via the 186 — Temporary Residence Transition stream (TRTS).
If your employer is in a regional area, the Skilled Employer Sponsored Regional (Provisional) (subclass 494) may be appropriate. You live and work in the designated regional area, and — after three years, and subject to the income and other statutory criteria — you can transition to the Permanent Residence (Skilled Regional) (subclass 191). You must continue living in the regional area when you apply.
Employer-sponsored visas involve two components: a nomination and a visa application. The nomination is the business asking the Department to approve the role for you. The employer must demonstrate that the role is genuine and in an eligible occupation, undertake labour market testing where required, offer market-rate remuneration that meets the applicable settings, meet sponsorship and financial obligations (including the SAF levy), and confirm the work location — regional if it is a 494.
The visa application is your part. You need to show you have the skills and experience for the nominated occupation, provide a positive skills assessment where required, meet English and age thresholds, hold any necessary licensing or registration, and satisfy health and character.
Advantages: If you already meet the skills assessment and experience requirements for your occupation, Direct Entry allows you to apply straight for permanent residence. If you are still building experience, the 482 lets you live and work in the role while you become eligible to transition to the 186 under the TRT stream. For regional roles, the 494 provides a structured route to the 191.
Considerations: You need a genuine, eligible employer in an appropriate occupation, and both the nomination and visa criteria must be satisfied. If your plan is 482 → 186 (TRT), you need to remain with the same sponsoring employer in the nominated occupation for the requisite period and maintain licensing/registration. For the 494 → 191 route, you must meet residence and income settings and continue living in the regional area at the time you apply.
3. Family sponsorship
If you are in a genuine relationship with an Australian citizen or permanent resident, partner visas provide a recognised route to permanent residency.
Parent and child visas are also available in defined circumstances.
These applications are not points-tested and do not require an employer; instead they turn on relationship evidence, sponsorship eligibility and, for some subclasses, health, character and assurance of support factors.
There is no English test requirement for family visas.
Processing times and evidentiary expectations vary significantly between subclasses, so strategy and timing matter — particularly if you need to manage onshore status and bridging visas.
Advantages: Applicants are assessed against relationship and sponsorship criteria rather than a competitive points ranking. Partner, parent and child visas can lead to permanent residence where eligibility is met, and onshore partner applications may provide bridging visa arrangements while the application is processed.
Considerations: Processing can be lengthy for some subclasses, especially certain parent visas. Applications demand substantial evidence of the relationship and eligibility, and careful management of health and character (and, where applicable, an assurance of support).
Choosing the right pathway
The right pathway for you depends on your circumstances. There isn’t a single “best” option — it turns on who you are, what you’ve done, and what you want to do in Australia. You need to look at your skills, experience and qualifications, but also your goals: the kind of work you want, where you plan to live, and whether a pathway that ties you to a specific employer and occupation (for example, the subclass 482 leading to 186) actually suits you. For some, the relationship route makes more sense; for others, state nomination or regional programs are the better fit.
In many cases you might qualify for permanent residence straight away — for example, through a 189, 190 or 186 (Direct Entry). In other cases, a staged approach is the smarter move: build time and experience on a 482 and then transition to 186, or use a regional pathway such as the 491 with a view to the 191. You can also run options in parallel: tender an Expression of Interest while you pursue employer sponsorship in a nominated occupation, so you’re not relying on a single outcome.
The point is that this is personal. The right plan aligns your eligibility with your objectives and the program settings at the time.
We recommend speaking with a registered migration agent or immigration lawyer, such as those at Leyton Stone Law, to map your options and design a strategy that fits your situation.
Disclaimer:
The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.
If you would like tailored advice, Leyton Stone Law can assess your eligibility, advise on strategy, and manage your application through to lodgement.
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