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Points Test & Requirements for Australian Migration

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More information about the Australian immigration process

  1. Updated 03/08/2022
  2. Revised points system for new immigrants
  3. SCHEDULE 6D — GENERAL POINTS TEST FOR GENERAL SKILLED MIGRATION VISAS MENTIONED IN SUBREGULATION 2.26AC(1)
  4. General principles on giving points (Schedule 6D cases)
  5. Part 6D.1 Age qualifications
  6. Part 6D.2 English language qualifications
    1. IELTS results must be from a single test
      1. IELTS One Skill Retake (OSR) [Update: 14/12/2022]
    2. OET results can use one or more tests
    3. Reg 1.15C Competent English
    4. Reg 1.15D Proficient English
    5. Reg 1.15EA Superior English
  7. Part 6D.3 Outside of Australia employment experience qualifications
    1. employed
    2. Remunerated at least 20 hours a week
    3. Remuneration Leave periods
    4. Reg 1.15I Skilled occupation
    5. Employment must be skilled
    6. When is an applicant skilled?
  8. Part 6D.4 Australian employment experience qualifications
    1. Closely related occupations
  9. Part 6D.5 Aggregating points for employment experience qualifications
  10. Part 6D.6 Australian professional year qualifications
  11. Part 6D.7 Educational qualifications
    1. Points awarded for highest level qualification only
    2. Qualifications other than Australian educational qualifications
    3. Other qualifications and awards
  12. Part 6D.7A Specialist educational qualifications
  13. Part 6D.8 Australian study qualifications
    1. Reg 1.15F Australian study requirement
    2. Australian qualifications
  14. Part 6D.9 Credentialled community language qualifications
  15. Part 6D.10 Study in designated regional area qualification
    1. Designated regional area
    2. Distance education is not included Location of campus and where applicant lives
  16. Part 6D.11 *Partner skill qualifications
  17. Part 6D.12 State or Territory nomination qualifications
  18. Part 6D.13 Designated area sponsorship qualifications
  19. SCHEDULE
  20. Terms used and legal references

Updated  03/08/2022

Under the SkillSelect model, clients are invited to apply for a points-tested visas in Australia are based on the claims and points presented in an expression of interest (EOI) in SkillSelect. Consequently, most criteria specified in each part of Schedule 6D [points] tests whether the applicant satisfied the relevant requirements at time of invitation.

The visas to which Schedule 6D applies

Schedule 6D [points] is relevant in assessing the following visa applications under Schedule 6D of the regulations:

  • SI-189Skilled — Independent (Permanent) – Points-tested stream
  • SN-190Skilled — Nominated (Permanent)
  • SP-489Skilled — Regional (Provisional) – First Provisional Visa Stream
  • PS-491Skilled Work Regional (Provisional) (For applications lodged on or after 16 November 2019)

For details on the factors assessable under the points test applicable to SkillSelect, refer to Sch6D - General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1) – 5. Scoring. This points test covers  the Skilled Work Regional (Provisional) visa (Subclass 491), a new and enhanced General Skilled Migration (GSM) points-tested visa to assist regional Australia, for applicants nominated by a State or Territory government agency or sponsored by an eligible family member residing in a designated regional area who have been invited to apply for the visa.

Legislative authority

The legislative authority for the operation of the points test lies in sections 92 to 96 (inclusive) of Part 2 – Division 3 – Subdivision B of the Act - for details, refer to Scoring. Importantly, subsection 93(2) of the Act provides that applicants are given their assessed score based on the regulations in force when the assessment under subsection 93(1) is made.

This means that if the points test criteria in Schedule 6D change after the application was lodged, but before a decision on points is made, then the delegate must apply the current legislation when giving an assessed score.

Migration Regulations 1994 [regulation 2.26AC] - Federal Register of Legislation - F2022C00377
https://www.legislation.gov.au/Details/F2022C00377/Html/Volume_3#_Toc100058880

SCHEDULE 6D - GENERAL POINTS TEST FOR GENERAL SKILLED MIGRATION VISAS

Part 6D.1        Age qualifications
Part 6D.2        English language qualifications
Part 6D.3        Overseas employment experience qualifications
Part 6D.4        Australian employment experience qualifications
Part 6D.5        Aggregating points for employment experience qualifications
Part 6D.6        Australian professional year qualifications
Part 6D.7        Educational qualifications
Part 6D.7A     Specialist educational qualifications
Part 6D.8        Australian study qualifications
Part 6D.9        Credentialled community language qualifications
Part 6D.10     Study in designated regional area qualification
Part 6D.11     Partner qualifications
Part 6D.12     State or Territory nomination qualifications
Part 6D.13     Designated regional area nomination or sponsorship qualifications

Schedule 6D—General points test for General Skilled Migration visas mentioned in sub regulation 2.26AC

Part 6D.1—Age qualifications

Item At the time of invitation to apply for the visa, the applicant’s age was ... Number of points
6D11 not less than 18 and under 25 25
6D12 not less than 25 and under 33 30
6D13 not less than 33 and under 40 25
6D14 not less than 40 and under 45 15

 

Part 6D.2—English language qualifications

Item At the time of invitation to apply for the visa, the applicant had ... Number of points
6D21 superior English 20
6D22 proficient English 10

 

Part 6D.3—Overseas employment experience qualifications

Item At the time of invitation to apply for the visa, the applicant ... Number of points
6D31 had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

 5
6D32 had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

 10
6D33 had been employed outside Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

 15

 

Part 6D.4—Australian employment experience qualifications

Item At the time of invitation to apply for the visa, the applicant ... Number of points
6D41 had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 10 years immediately before that time

 5
6D42 had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

 10
6D43 had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

 15
6D44 had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

 20

 

Part 6D.5—Aggregating points for employment experience qualifications

6D51    (1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

(a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

(b)  no points are given under Part 6D.3 or 6D.4.

(2)  The prescribed number of points for the combination of qualifications is 20.

 

Part 6D.6—Australian professional year qualifications

Item At the time of invitation to apply for the visa, the applicant had completed ... Number of points
6D61 a professional year in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b) a closely related skilled occupation;

for a period totalling at least 12 months in the 48 months immediately before that time

 5

 

Part 6D.7—Educational qualifications

Item At the time of invitation to apply for the visa, the applicant had ... Number of points
6D71 met the requirements for:

(a) the award of a doctorate by an Australian educational institution; or

(b) the award of a doctorate, by another educational institution, that is of a recognised standard

 20
6D72 met the requirements for:

(a) the award of at least a bachelor degree by an Australian educational institution; or

(b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard

 15
6D73 met the requirements for the award of a diploma by an Australian educational institution 10
6D74 met the requirements for the award of a trade qualification by an Australian educational institution 10
6D75 attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation 10

 

Part 6D.7A—Specialist educational qualifications

Item At the time of invitation to apply for the visa … Number of points
6D7A1 the applicant met the requirements for the award of a specialist educational qualification 10

 

Part 6D.8—Australian study qualifications

Item At the time of invitation to apply for the visa ... Number of points
6D81 the applicant met the Australian study requirement 5

 

Part 6D.9—Credentialled community language qualifications

Item At the time of invitation to apply for the visa, the applicant had ... Number of points
6D91 a qualification in a particular language:

(a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and

(b) at a standard for the language specified in the instrument

 5

 

Part 6D.10—Study in designated regional area qualification

Item At the time of invitation to apply for the visa ... Number of points
6D101 each of the following applied:

(a) the applicant met the Australian study requirement;

(b) the location of the campus or campuses at which that study was undertaken is in a designated regional area;

(c) while the applicant undertook the course of study the applicant lived in a designated regional area;

(d) none of the study undertaken constituted distance education

 5

 

Part 6D.11—Partner qualifications

Item Qualification Number of points
6D111 The spouse or de facto partner of the applicant (the primary applicant):

(a) is an applicant for the same subclass of visa as the primary applicant; and

(b) is not an Australian permanent resident or an Australian citizen; and

(c) was under 45 at the time the invitation to apply for the visa was issued to the primary applicant; and

(d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and

(e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(f) at the time of invitation to apply for the visa, had competent English

 10
6D112 Either:

(a) the applicant does not have a spouse or de facto partner; or

(b) the applicant has a spouse or de facto partner who is an Australian permanent resident or an Australian citizen

 10
6D113 The spouse or de facto partner of the applicant (the primary applicant):

(a) is an applicant for the same subclass of visa as the primary applicant; and

(b) is not an Australian permanent resident or an Australian citizen; and

(c) at the time of invitation to apply for the visa, had competent English

 5

 

Part 6D.12—State or Territory nomination qualifications

Item Qualification Number of points
6D121 The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination 5

 

Part 6D.13—*Designated regional area nomination or sponsorship qualifications

Item Qualification Number of points
6D131 The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa, and:

(a) the nominating State or Territory government agency has not withdrawn the nomination; or

(b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship

 

*Designated regional area is defined in regulation 1.03 of the regulations and means a part of Australia specified in an instrument under regulation 1.15M. Part 6D.13

 

designated regional area means:

(a)  a designated city or major regional centre; or

(b)  a regional centre or other regional area.

Reg 1.15M    Designated regional area

(1)  The Minister may, by legislative instrument, specify a part of Australia to be a designated city or major regional centre.

(2)  The Minister may, by legislative instrument, specify a part of Australia to be a regional centre or other regional area.

 

Migration (Designated regional areas for certain skilled and temporary graduate visas) Instrument (LIN 22/022) 2022

3          Regional areas

(1)     For sub regulation 1.15M(1) of the Regulations, a part of Australia within a postcode mentioned in the following table is a specified designated city or major regional centre.

Item State or Territory Postcodes
1 New South Wales 2259, 2264 to 2308, 2500 to 2526, 2528 to 2535, 2574
2 Victoria 3211 to 3232, 3235, 3240, 3328, 3330 to 3333, 3340, 3342
3 Queensland 4019 to 4022, 4025, 4037, 4074, 4076 to 4078, 4207 to 4275, 4300, 4301, 4303 to 4305, 4500 to 4506, 4508 to 4512, 4514 to 4519, 4521, 4550, 4551, 4553 to 4562, 4564 to 4569, 4571 to 4575
4 Western Australia 6000 to 6038, 6050 to 6083, 6090 to 6182, 6208 to 6211, 6214, 6556 to 6558
5 South Australia 5000 to 5171, 5173, 5174, 5231 to 5235, 5240 to 5252, 5351, 5950 to 5960
6 Tasmania 7000, 7004 to 7026, 7030 to 7109, 7140 to 7151, 7170 to 7177
7 Australian Capital Territory All postcodes in the Australian Capital Territory

 

(2)     For sub regulation 1.15M(2) of the Regulations, a part of Australia within a postcode mentioned in the following table is a specified regional centre or other regional area.

Item State or Territory Postcodes
1 New South Wales 2250 to 2258, 2260 to 2263, 2311 to 2490, 2527, 2536 to 2551, 2575 to 2739, 2753, 2754, 2756 to 2758, 2773 to 2898
2 Victoria 3097 to 3099, 3139, 3233, 3234, 3236 to 3239, 3241 to 3325, 3329, 3334, 3341, 3345 to 3424, 3430 to 3799, 3809 to 3909, 3912 to 3971, 3978 to 3996
3 Queensland 4124, 4125, 4133, 4183, 4184, 4280 to 4287, 4306 to 4498, 4507, 4552, 4563, 4570, 4580 to 4895
4 Western Australia All postcodes in Western Australia not mentioned in subsection (1)
5 South Australia All postcodes in South Australia not mentioned in subsection (1)
6 Tasmania All postcodes in Tasmania not mentioned in subsection (1)
7 Northern Territory All postcodes in the Northern Territory

 
8 Norfolk Island All postcodes in Norfolk Island
9 Other territories All postcodes in a Territory other than the Australian Capital Territory, the Northern Territory and Norfolk Island

 

Eligible relatives

Subparagraphs 491.217(2)(d)(i) to (vii) set out the range of allowable relationships between the sponsor and the Subclass 491 primary applicant or the primary applicant’s spouse or de facto partner.

In establishing whether an allowable relationship exists between the primary applicant (or primary applicant’s spouse or de facto partner, who is a secondary applicant) and the sponsor, see: r 491.217

491.217

(1)  If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.

(2)  If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances:

(a)  the sponsor has turned 18;

(b)  the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;

(c)  the sponsor is usually resident in a designated regional area;

(d)  the sponsor is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is also an applicant for a Subclass 491 visa), as:

(i)  a parent; or

(ii)  a child or step-child; or

(iii)  a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or

(iv)  an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or

(v)  a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

(vi)  a grandparent; or

(vii)  a first cousin;

(e)  each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor.

Specialist educational qualifications

Applicants are eligible for 10 points under Part 6D.7A of the regulations if they meet the requirements for the award of a specialist educational qualification.

Sub regulations 2.26AC(5A) and (5B) specify the requirement a person must meet for the award of a specialist educational qualification.

This requires completion of either a masters degree by research (as opposed to a masters by coursework) or a Doctoral degree (PhD).

Additionally, the qualification must have included study of at least 2 academic years in Australia and be awarded by an Australian educational institution in a field specified in the instrument IMMI 16/076 – Specification of Fields of Education 2016/076. This currently covers "STEM" specialisations (i.e. Science, Technology, Engineering and Mathematics) and Information and Communication Technology (ICT). The instrument specifies the ‘narrow field of education’ the qualification must have been completed in as follows:

Table 3 – Required STEM qualifications

 Broad Field of Education Narrow Field of Education
Natural and Physical Sciences Biological Sciences
Chemical Sciences
Earth Sciences
Mathematical Sciences
Natural and Physical Sciences
Other Natural and Physical Sciences
Physics and Astronomy
Information Technology Computer Science
Information Systems
Information Technology
Other Information Technology
Engineering and Related Technologies Aerospace Engineering and Technology
Civil Engineering
Electrical and Electronic Engineering and Technology
Engineering and Related Technologies
Geomatic Engineering
Manufacturing Engineering and Technology
Maritime Engineering and Technology
Mechanical and Industrial Engineering and Technology
Other Engineering and Related Technologies
Process and Resources Engineering

If it is unclear using the Provider Registration and International Student Management System (PRISMS) whether the qualification reflects the specific STEM field of education claimed by the applicant, refer to other available information such as documentation issued by the relevant Australian institution.

The term ‘narrow field of study’ should not be taken to require an exact match, for example, the narrow field of Biological Sciences would include microbiology.

Revised points system for new immigrants

Schedule 1 to the legislative instrument makes amendments to;

  • close the Subclass 489 (Skilled – Regional (Provisional)) visa to primary applicants for a first provisional visa;
  • introduce the Subclass 491 Skilled Work Regional (Provisional) visa, a points-tested visa for applicants sponsored by a State or Territory government agency or sponsored by a family member residing in a designated regional area;
  • amend the points test in Schedule 6D to the Migration Regulations to award:
    • 15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;
    • 10 points for a skilled spouse or de facto partner;
    • 10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;
    • 5 points for a spouse or de facto partner with ‘competent English’;
    • 10 points for applicants without a spouse or de facto partner; and
  • Make a number of minor technical amendments.

Source: Legislative Instrument - F2019L00578 - Migration Amendment (New Skilled Regional Visas) Regulations 2019.
More information about the Australian immigration process

FACTS ABOUT THE MIGRATION ADVICE PROFESSION AND US

  • Most agents outside Australia are not registered. We are not just registered agents but also Australia lawyers.
  • 70% of migration agents do not re-register after the first year and of those that remain registered 60% do not re-register after five years.
  • We have more than 30 years of combined migration law experience.
  • 80% of registered agents do not have a legal practicing certificate.
  • 40% operate as a sole trader. We operate in corporate centres and in a professional environment subject to regulations.
  • Out of 7,402 registered agents only 21% have more than 10 years’ experience.

ABOUT US

We are based in Australia. We are Barristers & Solicitors (An Australian Legal Practitioner). We are not just agents; we are Australian Migration lawyers with over 30 years of combined Migration law experience. Dinesh is one of only 21% of migration agents with such experience in Australia. Dinesh is renowned for providing excellent results for his clients. Do not miss out on this amazing opportunity to talk to him in person and get the best advice on how to create your new life in Australia.

What you need to do - Next step

Step 1 : Submit the “Australian Visa assessment form”

Step 2 : After submitting this “Australian Visa assessment form” please book an appointment via the link under category 2 to talk directly with an Australian lawyer (Dinesh Weerakkody) for an assessment and advice. (https://dlegal.com.au/dlegal-appointment-booking/)

Notes:

  • All appointments, advice and assessments are undertaken only by an Australian lawyer .
  • At the consultation you will understand you Australian Migration prospects.
  • We do not engage non-lawyer agents to provide advice or undertake assessments apart from administrative work.
  • Due to the complex nature of Migration Law, we do not provide ad-hoc information , as it may be misleading and not proper legal advice. We only provide specific and accurate information with written file records in a paid consultation.
  • We only contact potential/prospective applicants .
  • We do NOT ACCEPT cases unless we are of the firm opinion of you meeting the relevant regulatory criterion for a visa and a likely chance of success.
  • After a success in each stage we may move to the next step. With each successful step clients will get closer to obtaining a visa (Note: no guarantees can be provided by anyone for a visa until an application is lodged and a visa is granted!).

Australian Migration PROCESS – Three Steps

3. SCHEDULE 6D — GENERAL POINTS TEST - Legislative Authority

The legislative authority for the operation of the points test lies in sections 92 to 96 (inclusive) of Part 2 – Division 3 – Subdivision B of the Act.

A decision under section 65 of the Act to grant or refuse to grant a visa, based on a failure to satisfy the relevant Schedule 2 criteria

The visas to which Schedule 6D applies

This instruction is relevant in assessing the following visa applications under Schedule 6D of the regulations:

  • SI-189 Skilled—Independent  (Permanent) – Points-tested stream
  • SN-190 Skilled—Nominated  (Permanent)
  • SP-489 Skilled—Regional  (Provisional) – First Provisional Visa Stream
  • PS-491 Skilled Work Regional (Provisional) (For applications lodged on or after 16 November 2019)
4. General principles on giving points (Schedule 6D cases)

Regulations gives some general principles on giving points:

  • the applicant can be given only one score for each factor and
  • where an applicant's circumstances mean the applicant meets the requirements for more than one score for each factor, the applicant must be given the highest score that relates to their circumstances
  • if an applicant holds an eligible passport they have competent English. If they also produce an IELTS test result that demonstrates that they have proficient English, they are to be awarded 10 points for their English language ability.
  • the only person in the application who can be assessed against the points test is the applicant who was invited by the Minister to apply. This person must be the primary applicant. This is regardless of whether any other applicant has submitted a skills assessment or nominated a skilled occupation.
5. Part 6D.1    Age qualifications
​ Item ​At the time of invitation to apply for the visa, the applicant’s age was ... Number of points​
6D11 not less than 18 and under 25 25
6D12 not less than 25 and under 33 30
6D13 not less than 33 and under 40 25
6D14 not less than 40 and under 45 15
6. Part 6D.2 English language qualifications

The person undertook a language test, specified by the Minister in an instrument in writing

https://www.legislation.gov.au/Details/F2014L01666

The primary applicants for Skilled Migration are required to demonstrate that they have competent English.

The primary applicant must have at least competent English.

​Item

​At the time of invitation to apply for the visa, the applicant had …

Number of points​

Competent English

0

6D21

superior English

20

6D22

proficient English

10
  • Test results must be no older than three years immediately before the day on which the visa application was made.
  • You must be able to demonstrate at least competent English language ability.
  • We will only start the free basic initial assessment if you attach an English language result and email it to us.
  • The test must be specified by the Minister in an instrument in writing for the relevant paragraphs – https://www.legislation.gov.au/Details/F2014L01666

See the proof you need to provide to us for:

  • Competent English
  • Proficient English
  • Superior English

Competent English

To prove you have competent English, show us evidence that:

you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland or in the 3 years before you applied for the visa, you scored one of the following:

Test Score
International English Language Testing System (IELTS) At least 6 for each of the 4 components
Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking
Pearson Test of English Academic (PTE Academic) At least 50 for each of the 4 components
Occupational English Test (OET) At least B for each of the 4 components
​Cambridge C1 Advanced test ​At least 169 in each of the 4 components

 

Proficient English

To prove you have proficient English, show us evidence that in the 3 years before you applied for the visa, you scored one of the following:

Test Score
International English Language Testing System (IELTS) At least 7 for each of the 4 test components​
Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 24 for listening, 24 for reading, 27 for writing and 23 for speaking
Pearson Test of English Academic (PTE Academic) At least 65 for each of the 4 test components​
Occupational English Test (OET) At least B for each of the 4 test components​
Cambridge C1 Advanced test At least 185 in each of the 4 test components​

 

Superior English

To prove you have superior English, show us evidence that in the 3 years before you applied for the visa, you scored one of the following:

Test Score
International English Language Testing System (IELTS) At least 8 for each of the 4 test components
Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 28 for listening, 29 for reading, 30 for writing and 26 for speaking
Pearson Test of English Academic (PTE Academic) At least 79 for each of the 4 test components
Occupational English Test (OET) At least A for each of the 4 test components
Cambridge C1 Advanced test ​At least 200 in each of the 4 test components

 

i. IELTS results must be from a single test

Applicants using an IELTS result to demonstrate they have proficient English must have scored a minimum of 7.0 for each of the four components of an IELTS test. Applicants are to demonstrate overall proficiency in English and, therefore, must have achieved these results in a single test. For example, an applicant cannot seek to use the speaking and listening results from one test, the writing results from another and the reading results from yet another test to demonstrate they have proficient English.

  1. IELTS One Skill Retake (OSR) [Update: 14/12/2022]

From 14 December 2022, IELTS One Skill Retake (OSR) will be available for certain test takers. You can book a IELTS One Skill Retake 60 days between your original test and your IELTS One Skill Retake.
You will receive a new Test Report Form. This includes your updated IELTS One Skill Retake score as well as the results for the other three skills in the original test. You can choose whether you use your original or your new Test Report Form.

Immigration web site note
OSR allows test takers to retake one of the four test components in either reading, writing, speaking or listening (once only).
For Australian visa purposes, the Department will accept IELTS test results that include OSR, with the exception of applications for subclasses 476, 482, and 485, which need scores from a single sitting/attempt.

The Law
Migration Regulations 1994 - Specification of Language Tests, Score and Passports 2015 - IMMI 15/005
https://www.legislation.gov.au/Details/F2014L01666

ii. OET results can use one or more tests

Applicants seeking to demonstrate English ability using OET results can use one or more tests to demonstrate that they have achieved a score at least “B” in each of the four components of an OET. However, each test in which the applicant achieved the specified score must have been undertaken in the 3 years immediately before the day the invitation was issued to the SkillSelect applicant.

iii. Reg 1.15C Competent English

(1)  A person has competent English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(b)  the person is an applicant for a visa; and

(ba)  for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply for the visa — the test was conducted in the 3 years immediately before the date of the invitation; and

(bb)  for a person to whom paragraph (ba) does not apply — the test was conducted in the 3 years immediately before the day on which the application was made; and

(c)  the person achieved a score specified in the instrument.

(2)  A person also has competent English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation.

iv. Reg 1.15D Proficient English

A person has proficient English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(aa)  the person is an applicant for a visa; and

(b)  the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and

(c)  the person achieved a score specified in the instrument.

v. Reg 1.15EA Superior English

A person has superior English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(aa)  the person is an applicant for a visa; and

(b)  the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and

(c)  the person achieved a score specified in the instrument.

7. Part 6D.3  Outside of Australia employment experience qualifications
​Item At the time of invitation to apply for the visa, the applicant ...​ Number of points​
6D31 had been employed outside Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

 5
6D32 had been employed outside Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

 10
6D33 had been employed outside Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

 15

 

i. employed

employed means engaged in an occupation for remuneration for at least 20 hours a week.

ii. Remunerated at least 20 hours a week

Working for at least 20 hours a week means 20 hours each week generally. However, where employment contracts provide for variable distribution of hours of work that extend beyond a week such as some shift workers, “fly in fly out” workers and seafarers, decision makers can take this into consideration in determining whether a person has worked ‘at least 20 hours per week.’

ii. Remuneration

For ‘remuneration’, the policy intention is that applicants have been engaged in the occupation on a paid basis. Mere emotional or psychological satisfaction or the acquisition of useful, but unpaid, professional experience is not considered ‘remuneration’ for points tested skilled migration purposes. A person receiving minimal living allowances or scholarships designed to cover expenses would not be considered to be remunerated.

iii. Leave periods

As employment must be for remuneration, only periods of leave on full pay may be counted as time during which an applicant was employed. That means those periods of extended leave without pay (for example, maternity or paternity leave) might not be counted as a period of employment.

iv. Reg 1.15I Skilled occupation

(1)  A skilled occupation, in relation to a person, means an occupation of a kind:

(a)  that is specified by the Minister in an instrument in writing to be a skilled occupation; and

(b)  if a number of points are specified in the instrument as being available — for which the number of points are available; and

(c)  that is applicable to the person in accordance with the specification of the occupation.

(2)  Without limiting subregulation (1), the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including:

(a)  that an occupation is a skilled occupation for a class of persons;

(b)  that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency.

v. Employment must be skilled

For employment to be awarded points under Schedule 6D, it should meet the following standards:

  • had been undertaken at the required standard after the applicant met the entry level requirements as set by the relevant assessing authority for that occupation (that is, completed a sufficient level of study and or amount of on-the-job training and or post-qualification work experience and or registration requirement) and
  • involve duties at the level of depth and complexity expected in Australia.

If you need specific advice to confirm if your work is “Skilled Work” please book an appointment before you proceed any further

vi. When is an applicant skilled?

An applicant is considered skilled for the purpose of obtaining skilled employment points from the date the relevant assessing authority assessed them as suitable in their nominated skilled occupation:

  • If a skills assessment provides a date at which the assessing authority is of the view that the applicant became suitably skilled for awarding employment points, the department will consider only employment undertaken from that date as meeting the skilled employment experience criteria in Schedule 6D. For example, if an applicant has obtained a skilled employment opinion from Australian Computing Society (ACS), they should record in SkillSelect the periods of employment the ACS has determined are at the skilled level and eligible for being awarded points.
  • The date on which an applicant becomes suitably skilled for employment experience points may be different from the date on which a relevant assessing authority assesses the person as suitable. For example, a relevant assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant as suitably skilled for the purpose of employment points.
  • If the applicant has made claims of skilled employment periods that are not considered by the assessing authority on the skills assessment, the department may refer to publicly available information set by the relevant assessing authority or ANZSCO in order to make a full assessment of the claims. This situation might arise if an applicant is claiming skills over a ten year period but the skills assessment states that it only assesses claims of work experience undertaken in the 5 years immediately prior to skills assessment.

If you need specific advice to confirm if your work is “Skilled Work” please book an appointment before you proceed any further

 

8. Part 6D.4 Australian employment experience qualifications
​ Item At the time of invitation to apply for the visa, the applicant ...​ Number of points​
6D41 had been employed in Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 12 months in the 10 years immediately before that time

 5
6D42 had been employed in Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 36 months in the 10 years immediately before that time

 10
6D43 had been employed in Australia in:

(a) the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 60 months in the 10 years immediately before that time

 15
6D44 had been employed in Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 96 months in the 10 years immediately before that time

 20

 

9. Part 6D.5 Aggregating points for employment experience qualifications

(1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

(a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

(b)  no points are given under Part 6D.3 or 6D.4.

(2)  The prescribed number of points for the combination of qualifications is 20.

– Australian and overseas employment experience factors are assessed separately, subject to the maximum number of points that can be awarded for any combination of skilled employment experience. Only 20 points can be awarded for any combination of skilled employment in and outside Australia

Employed is defined in regulation 2.26AC(6) for Schedule 6D to mean ‘engaged in an occupation for remuneration for at least 20 hours a week.

For employment to be awarded points under Schedule 6D, it should meet certain criterion. E.g.: Employment must be skilled

i. Closely related occupations

Under policy, closely related occupations are those occupations that fall within one unit group classified under ANZSCO. Under ANZSCO, occupations are grouped together to form “unit groups”. Generally, all unit groups are at one skill level. Skill level is defined as a function of the range and complexity of the set of tasks performed in a particular occupation, and is generally measured by the level or amount of formal education and training, previous experience in a related occupation or on the job training. For example, if an applicant’s nominated occupation is Accountant (General) and the applicant has provided evidence of skilled employment in the occupations of Management Accountant (221112) and Taxation Accountant (221113), decision makers should consider these periods of employment as closely related for the purpose of awarding points.

If occupations have evolved or careers have advanced over the 10 years prior to invitation

Career advancement would usually take the form of promotion to a senior role or higher level that relates to a field of expertise and incorporates greater responsibility. For example, it is possible that over a 10-year period an accountant or engineer could advance in their career to a Chief Accountant or Chief Engineer, or a Chief Executive Officer. This type of career advancement may occur outside of the four-digit ANZSCO unit group but can be considered an exception to the policy requirement that closely related occupations be in the same ANZSCO unit group if it follows a well-established path for career advancement.

Whilst most occupations within the 10-year period would, in most instances, be covered by the three-digit ANZSCO Minor group code. There may be reasonable instances outside this, for example, a Geologist could transition to a University Lecturer and use their geology experience as a Lecturer.

Exceptions would also likely be seen with applicants who claim to be in managerial positions, which would fall within the Major group.

 

If you need specific advice to confirm if your work is “Closely related occupations” please book an appointment before you proceed any further.

10. Part 6D.6 Australian professional year qualifications

Subregulation 2.26AC(6) provides that a professional year means a course specified by the Minister in an instrument in writing.

There are currently three PY programs for which points can be awarded:

  • The Professional Year Program provided by the Australian Computer Society which is available to information technology graduates;
  • The Professional Year Program provided by Chartered Accountants Australia and New Zealand (CAANZ), the Certified Practising Accountants Australia (CPAA) and the Institute of Public Accounting (IPA) which is available to accounting graduates;
  • The Professional Year Program provided by Engineers Australia which is available to engineering graduates.
​Item At the time of invitation to apply for the visa, the applicant had completed ...​ Number of points​
6D61 a professional year in Australia in:

(a)  the applicant’s nominated skilled occupation; or

(b)  a closely related skilled occupation;

for a period totalling at least 12 months in the 48 months immediately before that time

 5

Closely related occupations for PY

If a Professional Year provider has enrolled an applicant in a PY, officers can be satisfied that their occupation has been assessed by that provider as being a closely related occupation and no further assessment is required.

If officers have any concerns that an applicant’s skills assessment and degree/professional year are unrelated, please contact the GSM Program Support mailbox for further assistance.

11. Part 6D.7 Educational qualifications

i. Points awarded for highest level qualification only

The regulations preclude the awarding of points for more than one qualification (Decision makers award points to an applicant for the highest level of eligible qualification attained). For example, if an applicant presents evidence of having attained a doctoral qualification and a bachelor level qualification, decision makers must first consider the doctorate for the purpose of awarding points. If eligible for points for the doctorate qualification, the applicant will not be able to also claim points for another educational qualification.

ii. Qualifications other than Australian educational qualifications

Applicants may be eligible to be awarded points for overseas qualifications. Decision makers must be satisfied that the qualification attained is of a recognised standard equivalent to a qualification awarded by an Australian institution.

Item ​At the time of invitation to apply for the visa, the applicant had ... Number of points
6D71 met the requirements for:

(a) the award of a doctorate by an Australian educational institution; or

(b) the award of a doctorate, by another educational institution, that is of a recognised standard

 20
6D72 met the requirements for:

(a) the award of at least a bachelor degree by an Australian educational institution; or

(b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard

 15
6D73 met the requirements for the award of a diploma by an Australian educational institution 10
6D74 met the requirements for the award of a trade qualification by an Australian educational institution 10
6D75 attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation. Pl see under "iii. Other qualifications and awards" 10

iii. Other qualifications and awards (6D75)

In addition to the formal qualifications specified above, applicants who attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation are eligible for points under 6D75.

This provides for applicants who have attained other recognised educational qualifications to be appropriately awarded points.

Such scenarios are likely to arise in trade occupations for which an applicant may have an award or qualification that is not eligible to be awarded points under 6D73 or 6D74​. In such cases, the relevant assessing authority, such as the TRA, may provide an opinion that the award or qualification, together with the applicant’s relevant on the job training, is comparable to an Australian trade level qualification. In certain instances, a relevant assessing authority may include additional criteria such as the successful outcome in a written exam, to recognise an applicant’s qualification for the purpose of awarding points.

Qualifications other than Australian educational qualifications

Applicants may be eligible to be awarded points for certain overseas qualifications, i.e. bachelor level or higher. Decision makers must be satisfied that the qualification attained is of a recognised standard.

Under the education factor, points may also be awarded if an applicant has attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for that occupation (refer to paragraph 6D75 of Part 6D.7 of the regulations).

Recognised standard

Subregulation 2.26AC(5) prescribes that decision makers must have regard to several factors when assessing whether an educational qualification is of a recognised standard. Those factors are:

  • whether, at the time of invitation to apply for the visa, the educational qualification had been recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation; and
  • whether, the educational qualification is recognised by a body specified by the Minister in an instrument in writing for this paragraph; and
  • the duration of the applicant’s study towards the educational qualification; and
  • any other relevant matter.

 Assessment by VETASSESS

Regulation 2.26AC  provides for recognition of qualifications by a body specified by the Minister.  Vocational Education and Training Assessment Services (VETASSESS) is the only body currently specified to provide this recognition.

An applicant can have their qualification assessed by VETASSESS to determine if it is of a recognised standard for the purpose of awarding points.  An applicant can provide this opinion up until the time the points decision is made.  Decision makers must have regard to any opinion provided by VETASSESS on an applicant’s qualification.

12. Part 6D.7A Specialist educational qualifications
Item ​At the time of invitation to apply for the visa, the applicant had ... Number of points
6D7A1 the applicant met the requirements for the award of a specialist educational qualification 10

Applicants are eligible for 10 points under Part 6D.7A of the regulations if they meet the requirements for the award of a specialist educational qualification.

Subregulations 2.26AC(5A) and (5B) specify the requirement a person must meet for the award of a specialist educational qualification.

This requires completion of either a masters degree by research (as opposed to a masters by coursework) or a Doctoral degree (PhD).

Additionally, the qualification must have included study of at least 2 academic years in Australia and be awarded by an Australian educational institution in a field specified in the instrument IMMI 16/076 – Specification of Fields of Education 2016/076. This currently covers "STEM" specialisations (i.e. Science, Technology, Engineering and Mathematics) and Information and Communication Technology (ICT). The instrument specifies the ‘narrow field of education’ the qualification must have been completed.

If it is unclear using the Provider Registration and International Student Management System (PRISMS) whether the qualification reflects the specific STEM field of education claimed by the applicant, refer to other available information such as documentation issued by the relevant Australian institution.

The term ‘narrow field of study’ should not be taken to require an exact match, for example, the narrow field of Biological Sciences would include microbiology.

If you need specific advice to confirm “Specialist educational qualifications” please book an appointment before you proceed any further.

13. Part 6D.8 Australian study qualifications
​Item ​At the time of invitation to apply for the visa ... Number of points​
6D81 the applicant met the Australian study requirement 5

 

i. Reg 1.15F Australian study requirement

(1)  A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a)  that are registered courses; and

(b)  that were completed in a total of at least 16 calendar months; and

(c)  that were completed as a result of a total of at least 2 academic years study; and
The current legislative instrument (LIN 19/085) relevantly specifies that for the purposes of regulation 1.03 2 academic years is at least 92 weeks, being the duration of a course or courses registered under s9 of the ESOS Act.

(d)  for which all instruction was conducted in English; and

(e)  that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

Note: Academic year is defined in regulation 1.03.

(2)  In this regulation:

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note:   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.

degree has the meaning given in subregulation 2.26AC(6).

diploma has the meaning given in subregulation 2.26AC(6).

trade qualification has the meaning given in subregulation 2.26AC(6).

ii. Australian qualifications

In awarding points for qualifications awarded by Australian educational institutions, regulation 2.26AC(6) provides meaning for the terms degree, diploma and trade qualification. Applicants are awarded points for Australian qualifications if they:

  • meet the requirements for the award of a doctorate, bachelor degree, masters degree, diploma or trade qualification by an Australian educational institution (or industry training legislation or relevant industrial award in the case of trade qualifications)

or

  • attain a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation.

Generally, Australian educational qualifications are obtained while applicants are living and studying in Australia. In certain instances, an applicant may claim points for Australian qualifications that are obtained while they lived overseas. For example, Australian education providers deliver courses overseas that meet the requirements of certain Australian qualifications (for example, a bachelor degree). Educational institutions in such cases award qualifications stating that the applicant meets the requirements of a specific Australian educational qualification.

14. Part 6D.9 Credentialled community language qualifications
​Item ​At the time of invitation to apply for the visa, the applicant had ... Number of points​
6D91 a qualification in a particular language:

(a)  awarded or accredited by a body specified by the Minister in an instrument in writingfor this item; and

(b)  at a standard for the language specified in the instrument

 5

 

Applicants are eligible for five points if they provide evidence that at the time of invitation to apply for the visa they were accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) at the para-professional level (level 2 or above). Proficiency can be demonstrated in either translating or interpreting.

There are three levels of formal credentialled community language qualifications that may be issued by NAATI and are eligible for points:

  • accreditation at the paraprofessional level or above; or
  • certification at the certified provisional level or above; or
  • a community language credential.

The community language credential is the most recent acceptable certification option available from NAATI.

15. Part 6D.10 Study in designated regional area qualification
Item ​At the time of invitation to apply for the visa ... Number of points​
6D101 each of the following applied:

(a)  the applicant met the Australian study requirement;

(b)  the location of the campus or campuses at which that study was undertaken is in a designated regional area;

(c)  while the applicant undertook the course of study the applicant lived in a designated regional area;

(d)  none of the study undertaken constituted distance education.

 5

 

i. Designated regional area

The postcodes that constitute regional Australia and the eligible campuses that fall within those postcodes are specified in an instrument (LIN 19/217: Regional Areas Instrument 2019) for the purposes of paragraph 6D101 of Part 6D.10 of the regulations. This instrument applies to any relevant application that did not have an assessed score prior to 16 November 2019 when the current instrument came into effect.
LIN 19/217: Regional Areas Instrument 2019 - https://www.legislation.gov.au/Series/F2019L01446

Part 2—Regional areas

6  Regional areas

(1)  A part of Australia that comes within a postcode mentioned in column 3 of the table in subsection (3) is specified:

(a)  to be a designated regional area for the purposes of regulation 1.15M of the Regulations; and

(b)  for the purposes of the definition of regional Australia in subregulation 5.19(16) of the Regulations.

(2)  For the purposes of subparagraph 888.226(2)(c)(i) and paragraph 892.213(3)(b) of Schedule 2 to the Regulations, an area that comes within a postcode mentioned in column 3 of the table in subsection (3) of this section is specified.

(3)  The following is the table:

 

Postcodes
 

Item

 Column 1

State or Territory

 Column 2

Category

 Column 3

Postcodes
1 New South Wales Cities and major regional centres 2259, 2264 to 2308, 2500 to 2526, 2528 to 2535 and 2574
2 New South Wales Regional centres and other regional areas 2250 to 2258, 2260 to 2263, 2311 to 2490, 2527, 2536 to 2551, 2575 to 2739, 2753 to 2754, 2756 to 2758 and 2773 to 2898
3 Victoria Cities and major regional centres 3211 to 3232, 3235, 3240, 3328, 3330 to 3333, 3340 and 3342
4 Victoria Regional centres and other regional areas 3097 to 3099, 3139, 3233 to 3234, 3236 to 3239, 3241 to 3325, 3329, 3334, 3341, 3345 to 3424, 3430 to 3799, 3809 to 3909, 3912 to 3971 and 3978 to 3996
5 Queensland Cities and major regional centres 4207 to 4275, 4517 to 4519, 4550 to 4551, 4553 to 4562, 4564 to 4569 and 4571 to 4575
6 Queensland Regional centres and other regional areas 4124 to 4125, 4133, 4183 to 4184, 4280 to 4287, 4306 to 4498, 4507, 4552, 4563, 4570 and 4580 to 4895
7 Western Australia Cities and major regional centres 6000 to 6038, 6050 to 6083, 6090 to 6182, 6208 to 6211, 6214 and 6556 to 6558
8 Western Australia Regional centres and other regional areas All postcodes in Western Australia not mentioned in item 7
9 South Australia Cities and major regional centres 5000 to 5171, 5173 to 5174, 5231 to 5235, 5240 to 5252, 5351 and 5950 to 5960
10 South Australia Regional centres and other regional areas All postcodes in South Australia not mentioned in item 9
11 Tasmania Cities and major regional centres 7000, 7004 to 7026, 7030 to 7109, 7140 to 7151 and 7170 to 7177
12 Tasmania Regional centres and other regional areas All postcodes in Tasmania not mentioned in item 11
13 Australian Capital Territory Cities and major regional centres All postcodes in the Australian Capital Territory
14 Australian Capital Territory Regional centres and other regional areas None
15 Northern Territory Cities and major regional centres None
16 Northern Territory Regional centres and other regional areas All postcodes in the Northern Territory
17 Norfolk Island Cities and major regional centres None
18 Norfolk Island Regional centres and other regional areas All postcodes in Norfolk Island
19 Other Territories Cities and major regional centres None
20 Other Territories Regional centres and other regional areas All postcodes in a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island

Note: Items 14, 15, 17 and 19, and columns 1 and 2, of the table are included for information only.

ii. Distance education is not included

Item 6D101(d) precludes points being awarded for any study undertaken while enrolled at an educational institution in regional Australia as a distance student.

iii. Location of campus and where applicant lives

To assess whether the applicant lived in an eligible area(s) and studied at an eligible campus(es) for the award of points, decision makers should refer to relevant instrument (LIN 19/217: Regional Areas Instrument 2019). Note that all of South Australia, Tasmania, the Northern Territory and the Australian Capital Territory are designated regional areas for the purposes of Part 6D.10 (Study in designated regional area qualifications).

16. Part 6D.11 *Partner skill qualifications
  • Changes to the partner skills criterion came into effect on 16 November 2019.
  • The relevant time of the relationship status is the date of the points test assessment by the decision maker.
​Item ​Qualification Number of points​
6D111 The spouse or de facto partner of the applicant (the primary applicant):

(a)  is an applicant for the same subclass of visa as the primary applicant; and

(b)  is not an Australian permanent resident or an Australian citizen; and

(c)  was under 45 at the time the invitation to apply for the visa was issued to the primary applicant; and

(d)  at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and

(e)  at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(f)  at the time of invitation to apply for the visa, had competent English

 10
6D112 Either:

(a)  the applicant does not have a spouse or de facto partner; or

(b)  the applicant has a spouse or de facto partner who is an Australian permanent resident or an Australian citizen

10
6D113 The spouse or de facto partner of the applicant (the primary applicant):

(a)  is an applicant for the same subclass of visa as the primary applicant; and

(b)  is not an Australian permanent resident or an Australian citizen; and

(c)  at the time of invitation to apply for the visa, had competent English

5

*If you need specific advice to confirm “partner’s skills” please book an appointment before you proceed any further.

17. Part 6D.12 State or Territory nomination qualifications - Subclass 190 (Skilled — Nominated) visa
​Item ​Qualification Number of points​
6D121 The applicant has been invited to apply for a Subclass 190 (Skilled — Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination 5

 

18. Part 6D.13 Designated regional area nomination or sponsorship qualifications
​Item ​Qualification Number of points​
6D131 The applicant has been invited to apply for a Subclass 489 (Skilled – Regional) (Provisional) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa, and:

(a)  the nominating State or Territory government agency has not withdrawn the nomination; or

(b)  if the applicant is sponsored by a family member, the Minister has accepted the sponsorship

 15

 

 

Designated area means an area specified as a designated area by the Minister in an instrument in writing for this definition.

491.217

(1)  If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.

(2)  If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances:

(a)  the sponsor has turned 18;

(b)  the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;

(c)  the sponsor is usually resident in a designated regional area;

(d)  the sponsor is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is also an applicant for a Subclass 491 visa), as:

(i)  a parent; or

(ii)  a child or step-child; or

(iii)  a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or

(iv)  an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or

(v)  a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece; or

(vi)  a grandparent; or

(vii)  a first cousin;

(e)  each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor.

19. SCHEDULE

Schedule 6D of the regulations

Schedule 6D of the regulations provides the legislative framework for the points test. The Schedule has 13 Parts, against which applicants may be awarded points. These Parts are summarised in the following table:

 

Schedule 6D Factor (‘Qualification’)            Policy and procedure
Part 6D.1 Age qualifications 8. Age
Part 6D.2 English language qualifications 9. English language
Part 6D.3 Overseas employment experience qualifications 10. Overseas and Australian employment
Part 6D.4 Australian employment experience qualifications 10. Overseas and Australian employment
Part 6D.5 Aggregating points for employment experience qualifications 10.2 Schedule 6D.5 - Aggregating points for employment experience
Part 6D.6 Australian professional year qualifications 11. Australian professional year (PY)
Part 6D.7 Educational qualifications 12. Education qualifications
Part 6D.7A Specialist educational qualifications 13. Specialist educational qualifications
Part 6D.8 Australian study qualifications 14. Australian study requirement
Part 6D.9 Credentialled community language qualifications 15. Credentialled community language
Part 6D.10 Study in designated regional area qualifications 16. Study in designated regional area
Part 6D.11 Partner qualifications 17. Partner qualifications
Part 6D.12 State or Territory nomination qualifications 18. State or Territory Nomination
Part 6D.13 Designated regional area nomination or sponsorship qualifications 19 Designated regional area nomination or sponsorship
20. Terms used and legal references

The following terms (all of which have a defined meaning) are used in this and related policy instructions.

Term As per the  meaning in: For policy and procedure, refer to:
Assessed score Subsection 5(1) of the Act 5.3 Establishing the assessed score

5.3.1 What is an assessed score
Australian study requirement Regulation 1.15F Div1.2/reg1.15F - Australian study requirement
Competent English Regulation 1.15C 9. English language
Degree Subregulation 2.26AC(6) 12. Education qualification
Diploma Subregulation 2.26AC(6) 12. Education qualification
Employed Subregulation 2.26AC(6) 10.1 About employment
Indicative score 5.3.2 Initial estimates are not assessed scores
Invitation score SkillSelect - Expression of Interest for Skilled Migration
Proficient English Regulation 1.15D 9.2 Proficient English
Qualifying score Subsection 94(1) of the Act 5.1 Pass marks
Registered course Regulation 1.03 Reg 1.03 – Registered course
Relevant assessing authority Regulation 2.26B Div2.6 - Prescribed qualifications - Application of points system
Skilled occupation Regulation 1.15I Reg 1.15I - Skilled occupation
Specialist educational qualifications Subregulation 2.26AC(5A) 13 Specialist educational qualifications
Superior English Regulation 1.15EA 9.3 Superior English
Trade qualification Subregulation 2.26AC(6) 12.9 Australian trade qualifications