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Working & Skilled Visas

Building Australia's workforce — one visa at a time.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

Overview

Australia's skilled migration program is designed to attract workers with skills that are in demand. Whether you are seeking employer sponsorship through the Skills in Demand (SID) visa, the subclass 494, or the subclass 186, applying through the points-based system (subclass 189 or 190), or navigating the Temporary Graduate visa (subclass 485), I provide expert guidance through every stage of the process.

The skilled migration landscape in Australia has undergone significant changes in recent years. Since December 2024, the Skills in Demand (SID) visa has replaced the former Temporary Skill Shortage (TSS) subclass 482 visa as the primary employer-sponsored temporary pathway. The SID visa introduces three salary-based streams — Specialist Skills, Core Skills, and Essential Skills — and expert advice is more important than ever. I stay current with all changes to ensure my clients receive the most up-to-date advice.

Employer-sponsored visas (the Skills in Demand (SID) visa, subclass 494 Skilled Employer Sponsored Regional, and subclass 186 Employer Nomination Scheme) require both the employer and the employee to meet specific requirements. I work with both employers and employees to ensure nominations and applications are prepared correctly. If you are currently on a TSS 482 visa, your visa remains valid until its expiry date, but any new application or renewal must be made under the SID framework.

For points-based visas (subclass 189 Skilled Independent and subclass 190 Skilled Nominated), your Expression of Interest (EOI) score is critical. I advise on strategies to maximise your points, including skills assessments, English language testing, and state nomination options.

Key Facts

Employer SponsoredSkills in Demand (SID), 494, 186

Points-BasedSubclass 189 (Independent), 190 (Nominated)

Graduate VisaSubclass 485

Skills AssessmentRequired for most skilled visas

Processing TimeVaries by subclass — 3 to 18 months

How I Work — Step by Step

Pathway Assessment

I assess your qualifications, experience, and circumstances to identify the best visa pathway.

Skills Assessment

I guide you through the skills assessment process with the relevant assessing authority.

EOI/Nomination

I prepare your EOI or employer nomination, optimising for the best outcome.

Visa Application

I prepare and lodge the visa application with all required evidence.

Permanent Residence

I advise on and manage the transition to permanent residence where applicable.

What I Do

Assess your eligibility for the most appropriate skilled visa pathway
Advise on skills assessment requirements and the best assessing authority for your occupation
Prepare and lodge employer-sponsored visa nominations and applications
Optimise your EOI points score for the 189 and 190 visa programs
Manage the Temporary Graduate visa (485) application process
Handle complex cases involving occupation changes, skills assessment reviews, and nomination refusals
Advise on pathways from temporary to permanent residence

Who Is This For?

›Skilled workers seeking employer sponsorship in Australia
›Employers wishing to sponsor overseas workers
›Skilled workers applying through the points-based system (189/190)
›International graduates seeking Temporary Graduate visas (485)
›Workers seeking to transition from temporary to permanent residence
›Applicants whose skilled visa or nomination has been refused

Recent Case Outcome

I recently assisted a software engineer whose Subclass 189 visa was refused because the Department of Home Affairs questioned the relevance of his skilled employment experience. We prepared a detailed submission to the Administrative Review Tribunal (ART), providing extensive evidence of his duties and how they aligned with the ANZSCO code for his occupation. The ART overturned the decision, and the client and his family are now permanent residents.

* Details anonymized to protect client confidentiality.

Common questions about

What is the difference between the Skills in Demand (SID) visa and the 186 visa?+

The Skills in Demand (SID) visa — which replaced the former subclass 482 Temporary Skill Shortage visa in December 2024 — is a temporary employer-sponsored visa with three salary-based pathways. The subclass 186 (Employer Nomination Scheme) visa is a permanent visa. Many people use the SID visa as a pathway to the 186 after working for their employer for a qualifying period. If you are currently on a TSS 482 visa under transitional arrangements, your existing visa remains valid until its expiry date.

How do I maximise my points for a 189 or 190 visa?+

Points are awarded for age, English language ability, skilled employment experience, educational qualifications, and other factors. I advise on strategies to maximise your points, including which English test to take, whether to pursue a skills assessment review, and whether state nomination (190) might be a better option than the independent pathway (189).

Do I need a skills assessment?+

Yes, for most skilled visas you need a skills assessment from the relevant assessing authority for your occupation. The assessing authority and requirements vary by occupation. I advise on the correct authority and help you prepare a strong application.

What are the most common mistakes that cause skilled visa applications to be refused in Australia?+

In my 27 years of experience in immigration law, I’ve seen many skilled visa applications delayed or refused due to avoidable errors. A frequent issue is incomplete or inconsistent documentation. For instance, under the Migration Act 1958, providing misleading information can lead to a visa refusal and a bar on future applications. I often see clients who have failed to provide certified translations of documents, or have gaps in their employment history without sufficient explanation. For employer-sponsored visas like the Skills in Demand (SID) visa (formerly the Subclass 482), a common pitfall is the employer lodging a nomination that doesn't align with the visa applicant's skills assessment. I always advise my clients to meticulously check every detail, from the spelling of their name to the consistency of their residential history, as even minor discrepancies can trigger a refusal from the Department of Home Affairs. It's about presenting a 'decision-ready' application from the outset.

How does the points test work for Australian skilled migration visas, and can I still apply if I don't meet the pass mark?+

The points test is a critical component of Australia's skilled migration program, particularly for visas like the Skilled Independent (subclass 189), Skilled Nominated (subclass 190), and Skilled Work Regional (subclass 491). You are awarded points based on factors such as your age, English language proficiency, skilled employment experience, and educational qualifications. The pass mark can fluctuate based on the government's priorities and the number of invitations being issued. If you don't meet the points threshold for the subclass 189 visa, you might still have options. For instance, a nomination from a state or territory government for the subclass 190 or 491 visa can provide you with crucial additional points. I work with my clients to identify all possible avenues to maximize their points score, such as completing a Professional Year Program or obtaining a higher English language test result. It's a strategic process, and understanding the nuances of the points system is key to a successful outcome.

Free Guide: Navigating Australia's Skilled Visa Pathways

Employer-sponsored or points-tested? Onshore or offshore? My free guide breaks down the main pathways, the points test, and the mistakes that delay or derail applications. Clear, practical, no jargon.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.