Permanent Residency

Source: Migration Act 1958 (Cth); Migration Regulations 1994; subclass 189, 190, 191, 186 (Employer Nomination Scheme); SkillSelect

Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Australian Federal Law

What is this right?

Australian permanent residency grants the right to live and work in Australia indefinitely, access Medicare, sponsor family members, and — after meeting residence requirements — apply for citizenship. There are several main pathways.

Points-Tested Skilled Migration:

  • Subclass 189 (Skilled Independent): No sponsorship or nomination required. Submit an EOI through SkillSelect and receive an invitation based on your points score. Minimum 65 points, but competitive rounds typically invite scores of 80 to 95. Application fee: approximately $4,640. Processing time: 6 to 12 months after invitation.
  • Subclass 190 (Skilled Nominated): Requires state or territory nomination, which adds 5 points to your score. You must live in the nominating state for at least 2 years. Same application fee as 189.

Regional Pathway:

  • Subclass 191 (Permanent Residence — Skilled Regional): Available to holders of subclass 491 or 494 visas who have lived and worked in regional Australia for at least 3 years and earned a minimum taxable income of $53,900 per year (indexed annually). Application fee: approximately $415.

Employer-Sponsored:

  • Subclass 186 (Employer Nomination Scheme): A permanent visa with three streams — the Temporary Residence Transition stream (for 482 visa holders with 2 years of work for the nominating employer), the Direct Entry stream (with skills assessment), and the Labour Agreement stream. Application fee: approximately $4,640.

PR holders receive: Medicare access, access to social security payments (after waiting periods), the ability to sponsor family for visas, and a 5-year travel facility. The travel facility can be renewed, but if you spend extended periods outside Australia, renewal may be limited to a 1-year facility or refused.

When does it apply?

  • You are a skilled worker with an occupation on the MLTSSL and a points score of 65 or higher (for subclass 189 or 190).
  • You hold a subclass 482 visa and have worked for your nominating employer for at least 2 years (for subclass 186 TRT stream).
  • You hold a subclass 491 or 494 visa and have lived and worked in regional Australia for 3 years with sufficient income (for subclass 191).
  • You are sponsored by an Australian family member (partner, parent, or child visa streams).

What should you do?

  • Use the Department's points calculator to estimate your score before submitting an EOI — include only claims you can fully substantiate with evidence.
  • Keep your SkillSelect EOI current — update any changes to employment, qualifications, or English scores. Outdated EOIs may be suspended.
  • Apply within 60 days of receiving an invitation — invitations expire and cannot be reissued.
  • Prepare all documents in advance — skills assessment, English test results, police clearances from every country you lived in for 12+ months since age 16, and health examinations.
  • Maintain your PR travel facility — apply for a Resident Return Visa (subclass 155 or 157) before it expires if you plan to travel internationally.

What should you NOT do?

  • Don't overclaim points — if the Department finds that your actual points score is below 65 at the time of invitation, your application will be refused and the fee is non-refundable.
  • Don't ignore invitation deadlines — if you miss the 60-day window, you must submit a new EOI and wait for another invitation round.
  • Don't spend too much time overseas after obtaining PR — your 5-year travel facility will not be renewed as a 5-year grant if you have been absent for extended periods.
  • Don't assume PR is permanent in all respects — your visa can still be cancelled on character grounds under section 501 of the Migration Act.
  • Don't confuse PR with citizenship — PR holders cannot vote in federal elections, hold an Australian passport, or access certain government jobs.

Common Questions

When does permanent residency apply?

You are a skilled worker with an occupation on the MLTSSL and a points score of 65 or higher (for subclass 189 or 190).You hold a subclass 482 visa and have worked for your nominating employer for at least 2 years (for subclass 186 TRT stream).You hold a subclass 491 or 494 visa and have lived and worked in regional Australia for 3 years with sufficient income (for subclass 191).You are sponsored by an Australian family member (partner, parent, or child visa streams).

What should I do about permanent residency?

Use the Department's points calculator to estimate your score before submitting an EOI — include only claims you can fully substantiate with evidence.Keep your SkillSelect EOI current — update any changes to employment, qualifications, or English scores. Outdated EOIs may be suspended.Apply within 60 days of receiving an invitation — invitations expire and cannot be reissued.Prepare all documents in advance — skills assessment, English test results, police clearances from every country you lived in for 12+ months since age 16, and health examinations.Maintain your PR travel facility — apply fo...

What mistakes should I avoid with permanent residency?

Don't overclaim points — if the Department finds that your actual points score is below 65 at the time of invitation, your application will be refused and the fee is non-refundable.Don't ignore invitation deadlines — if you miss the 60-day window, you must submit a new EOI and wait for another invitation round.Don't spend too much time overseas after obtaining PR — your 5-year travel facility will not be renewed as a 5-year grant if you have been absent for extended periods.Don't assume PR is permanent in all respects — your visa can still be cancelled on character grounds under section 501 of...

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