Pathways to Permanent Residency in Australia

 

Permanent residency in Australia allows a non-citizen to live, work, and study in Australia indefinitely. Permanent residents can access Medicare, apply for certain Government benefits, sponsor eligible family members for visas, and, after meeting residency requirements, may become eligible to apply for Australian citizenship.

Several visa streams can lead to permanent residency, depending on an individual’s skills, employment, business background, or family relationships. This article outlines the main visa categories that provide pathways to permanent residency in Australia, focusing on those commonly used and currently available under Australian migration law.

 

Skilled Migration Pathways

 

The General Skilled Migration (GSM) program is points-tested and designed for individuals with skills in occupations in demand in Australia.

Key visa subclasses include:

 

Subclass 189 – Skilled Independent Visa

The Subclass 189 – Skilled Independent Visa is a permanent visa that does not require State, Territory, or employer sponsorship.

Applicants are invited to apply based on their points score and occupation.

 

Subclass 190 – Skilled Nominated Visa

The Subclass 190 – Skilled Nominated Visa is a permanent visa that requires nomination by an Australian State or Territory Government.

Nomination adds additional points to the applicant’s score and is often subject to meeting specific local criteria, such as residency, occupation ceilings, or work experience in the relevant State or Territory.

 

Subclass 491 – Skilled Work Regional (Provisional) Visa

The Subclass 491 – Skilled Work Regional (Provisional) Visa is for skilled workers nominated by a State or Territory for regional areas, or sponsored by an eligible relative living in a designated regional area.

This is a provisional visa, and holders may apply for the Subclass 191 permanent visa after meeting residency and income requirements.

These visas require an eligible occupation, skills assessment, and meeting the minimum points threshold. Age and English proficiency also form part of the criteria.

 

Employer Sponsored Visas

 

Employer-sponsored visas allow Australian employers to sponsor skilled overseas workers when local workers are not available.

Relevant pathways include:

 

Subclass 482 – Skills in Demand Visa

Australia’s employer-sponsored migration framework was overhauled in late 2024.

The Subclass 482 – Temporary Skill Shortage (TSS) visa has now been replaced by the Skills in Demand visa, which introduces a new structure for temporary employer-sponsored migration.

This visa offers a pathway for employers to sponsor skilled overseas workers under a three-tiered system based on the nature of the role and salary level:

• Specialist Skills Pathway: For roles with salaries above a defined threshold (indexed annually), often with streamlined processing.
• Core Skills Pathway: For occupations on the Core Skills Occupation List, which align with Australia’s long-term workforce needs.
• Essential Skills Pathway (in development): Intended to support critical sectors such as aged care and disability services, expected to operate under tighter controls.

Holders of a Skills in Demand visa may become eligible for permanent residency through the Subclass 186 Employer Nomination Scheme (ENS), provided they meet work experience and employer sponsorship criteria.

More about the Skills in Demand Visa (Subclass 482) Pathway to Permanent Residency here. 

 

Subclass 186 – Employer Nomination Scheme (ENS) Visa

The Subclass 186 remains the primary employer-sponsored pathway to permanent residency. It includes:

• Temporary Residence Transition stream – For eligible temporary visa holders (including those under the former 482 visa or the new Skills in Demand visa) who have worked for their sponsoring employer for the required period.
• Direct Entry stream – For applicants with an eligible occupation and a positive skills assessment who may not have previously worked in Australia.
• Labour Agreement stream – For applicants whose employer has a Labour Agreement with the Australian Government. These agreements address specific labour shortages and may allow for concessions to standard visa requirements.

Eligibility requirements include employer nomination, English language proficiency, relevant qualifications or experience, and meeting health and character requirements.

 

Family & Partner Visas

 

Australia provides options for family members of citizens or permanent residents to join their loved ones in Australia permanently.

 

Partner Visas (Subclasses 820/801 and 309/100)

The Partner Visas allow spouses and de facto partners of Australian citizens or permanent residents to remain in Australia temporarily and later progress to permanent residency.

In most cases, the permanent visa (Subclass 801 or 100) application may be made two years after the initial application is lodged, provided the relationship is still ongoing and genuine.

In limited circumstances, such as long-term relationships or couples with dependent children, the permanent stage may be granted at the same time as the temporary visa.

 

Parent Visas

These visas allow parents to join their children in Australia, subject to the balance of family and other criteria.

They include contributory (faster processing, higher cost) and non-contributory options.

 

Child Visas

The Child Visas allow dependent children of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia permanently.

Each visa requires proof of the relationship and meeting other eligibility criteria, including health and character.

 

Contact Us

 

Australia’s migration system offers several pathways to permanent residency, each with eligibility requirements, obligations, and long-term benefits. Choosing the right pathway depends on individual goals, qualifications, personal circumstances, and visa availability at the time of application.

As migration legislation is regularly updated, it’s important to refer to current Government policy or obtain professional advice before making an application.

If you’re exploring your pathway to permanent residency in Australia, contact Bambrick Legal today.

• Schedule a professional consultation with our specialists here
• Call us on 08 8362 5269
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Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – How Long After Permanent Residency Can I Apply for Citizenship?