Skilled Migration Lawyer: Help With the 189, 190 and 491 Visas
The 189, 190 and 491 are points-tested skilled visas. You lodge an Expression of Interest, you need a suitable skills assessment for your occupation, and you can only apply once you are invited. The 190 and 491 also need a state or territory nomination.
Our migration lawyers help skilled workers and their families plan the pathway, build the points claim, deal with the skills assessment and nomination steps, and lodge a complete application. If your case has a wrinkle, such as a previous refusal or a character or health issue, it helps to sort that out before you lodge.
- Fixed fees, agreed up front
- Offices in Sydney and Melbourne
- Video consultations Australia-wide
- Led by Principal Lawyer Tina Nematian
How we help
Choosing between 189, 190 and 491
The three visas differ on nomination, on whether you can live anywhere in Australia, and on whether the grant is permanent or provisional. We compare them against your occupation, points and family circumstances so you can see which routes are realistic and which are not worth pursuing.
Skills assessment strategy
A suitable skills assessment for your nominated occupation is a basic requirement. We help you choose the occupation, identify the assessing authority and prepare evidence that matches exactly what that authority asks for, before you pay any assessment fee.
Learn morePoints claims and EOIs
Your Expression of Interest in SkillSelect carries the points you claim, and each claim needs evidence later. We review every claim, flag the weak ones, and help you submit an EOI you can support if you are invited.
Learn moreState and territory nomination
The 190 and 491 depend on nomination, and each state and territory has its own criteria, process and priorities. We help you assess which jurisdictions fit your occupation and profile, and prepare the nomination application.
Learn moreLodging the visa application
After an invitation there is a deadline to lodge. We prepare the application and supporting documents for you and your family, including health and character requirements, so the application is complete when it goes in.
Regional pathway to permanent residence
The 491 is a provisional visa. We explain how it connects to the Subclass 191 permanent visa, what income and residence conditions apply, and how to plan your time on the visa with permanent residence in mind.
Learn moreNational Innovation visa (858)
The Subclass 858 is a permanent visa for people with an internationally recognised record of exceptional achievement. We can look at whether your profile and a possible nominator fit the requirements, and what evidence the invitation process is likely to need.
Learn moreRefusals and complex cases
If you have had a visa or nomination refused, or your case involves character, health or a complicated points claim, we review the history and the options open to you, including review rights where they apply.
Learn more
The skilled visa options at a glance
All three of the main points-tested visas sit on the same foundation. Home Affairs says you must have an occupation on the relevant skilled list, a suitable skills assessment, an invitation to apply and enough points to satisfy the points test. After that, the differences matter.
- Subclass 189 Skilled Independent. A permanent visa that lets you live and work anywhere in Australia. You are not sponsored by an employer, family member or state, which is why competition for invitations is high.
- Subclass 190 Skilled Nominated. A permanent visa that needs a nomination from a state or territory government. You work and study anywhere in Australia once granted, but each jurisdiction sets its own criteria for who it nominates.
- Subclass 491 Skilled Work Regional (Provisional). A five-year provisional visa for people nominated by a state or territory, or sponsored by an eligible relative, to live and work in a designated regional area. You may apply for permanent residence after three years.
- Subclass 191 Permanent Residence (Skilled Regional). The permanent step for eligible regional visa holders. You do not need a sponsor or nominator, but you must have held an eligible visa for at least three years, complied with its conditions and met an income threshold over that period.
You start the process with an Expression of Interest in SkillSelect, the Government's online system for the 189, 190 and 491. An EOI is not an application. It tells the Department you are interested, and you need to be invited before you can lodge. Our guide to submitting an EOI covers the mechanics.
Home Affairs also processes these visas according to Ministerial Direction 122, which gives priority to certain sectors and to applicants who were in Australia when they applied, so your circumstances can affect the order in which your application is decided. Check the Department's page for the current position before you plan around timing.
Skills assessments, points and nomination: where plans go wrong
Most skilled migration problems begin before the application.
- The wrong occupation. Your skills assessment is tied to a specific occupation, and your EOI, nomination and visa application must all line up with it. Choosing an occupation without checking the assessing authority's requirements can cost months.
- Points you cannot prove. Claims for experience, qualifications and English are tested at the application stage. An optimistic claim in the EOI can become a refusal later.
- Nomination assumptions. State and territory criteria change, and being eligible to submit is not the same as being nominated. Occupation lists and processes can move between years.
- Policy shifts. The Government has announced changes to the points test but, as at October 2026, has not published a start date. We track it so your plan reflects what is actually in force, not what has only been announced.
Our guides go deeper on each point: the points test, skills assessments and state nomination.
When a lawyer adds value on a skilled visa
Some applicants lodge a skilled visa without help, and that can work for a clear-cut case. A lawyer adds the most value where the case has pressure points:
- Complex points claims, such as overlapping employment, part-time work or assessed experience that does not match your CV.
- Previous refusals of a visa, a nomination or a skills assessment, where the next application has to deal with the reasons.
- Character or health issues that may affect the final grant even when the points are strong.
- State nomination strategy, including which jurisdiction to target and how to present your profile.
- Family members who need to be included, or whose circumstances change during the process, such as a new partner or child.
If you hold a student or temporary graduate visa or an employer-sponsored visa, we can also look at how a skilled pathway fits alongside your other options. See our employer sponsorship service for the employer-led route.
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Simplifying Immigration, Connecting Humanity.
Gwen Coghill
1 year ago
Tina and Deepika have guided me through, what felt to me, like a complex case.
They answered my endless questions with empathy and used terms I would understand. I was lacking confidence of the process at times, but I was reassured by both of them when needed. Overall a pleasure to work with. Thank you for getting me over every hurdle that popped up and managing to have all our visas granted in such a short amount of time. I am so glad that I found Tina again, I was also so pleased to find she had her own law firm from the last time we spoke. Very well deserved.
Reza
1 year ago
We had the pleasure of working with Tina and her team recently. My partner and I were in a very stressful situation due to a sudden change in our circumstances. Tina gave us a clear plan, spent enough time addressing our concerns, and kept us informed throughout the process. She and her team helped us effectively with my wife's visa within a very short timeframe. I would strongly recommend One Planet Migration Law.
Taraneh Kassiri
1 year ago
Tina’s help was indispensable when I began the process of moving to Australia. She helped my husband and I work through the paperwork and gain clarity on what was needed. Without her, the process would have been so much more difficult. We’re very grateful for her assistance, which she carried out professionally, responsiveness, clarity and joy
Josh
1 year ago
So great at their jobs. Absolutely a dream to work with. These people go above and beyond and as a Canadian lawyer myself, I cannot think of another time I've worked professionally with people who are so kind, diligent, and competent. I cannot recommend One Planet enough.
shaghayegh lotfi
1 year ago
I’m incredibly grateful to Tina Masrour, Deepika, and Rhel from One Planet for their outstanding support with my parents’ Subclass 600 Tourist Visa application. Thanks to their expertise, professionalism, and attention to detail, both of my parents received their visas with a smooth and successful outcome.
I truly appreciate their hard work, responsibility, and patience throughout the process. They were clear, responsive, and genuinely committed to helping us. I highly recommend One Planet Immigration to anyone in need of expert immigration assistance. Thank you again for everything!
Anton Jordaan
1 year ago
Appreciate the meeting with Tina. She is an experienced professional who thinks laterally, and methodically presented various visa application and success data in a way that guides and supports informed decision making.
Thivanka Silva
1 year ago
Figuring out the PR process felt really confusing, but One Planet Migration really helped me find the right way forward. Tina was super helpful and gave me so much useful information. If you're trying to understand the PR process and want great support, especially from someone as helpful as Tina, I definitely recommend One Planet Migration.
Mel
2 years ago
Thank you Deepika and Tina for assisting me all throughout my visa application. It's been a breeze and I am grateful.
Naim Smith
2 years ago
Tina Masrour and the team at One Planet Migration Law were a great resource in guiding us through our application for migration to Australia. From the initial consultation, to getting my qualifications recognized by Engineers Australia and submitting an expression of interest on our behalf they demonstrated exceptional knowledge of the immigration process, providing clear and accurate guidance at every step. They took the time to understand our unique circumstances and tailored their advice accordingly. I would highly recommend them to anyone considering migration to Australia.
Talk to our migration lawyers about your skilled visa
Tell us your occupation, your assessment status and what you have tried so far, and we will explain which pathways may be open to you. Consultations are in person in Sydney or Melbourne, or by video call anywhere in Australia, with a fixed-fee model so you know the cost up front. Book a consultation with our migration lawyers.
Skilled visas: our guides
Plain-English guides written by our lawyers. General information only, not legal advice for your situation.
190 Visa Processing Time in 2026: The Current Figures, the 491 and Direction 122
190 visa processing time as at 2 October 2026: half decided in 4 months, 90% in 16. Plus 491 and 189 figures, and how Direction 122 now orders the...
The National Innovation Visa (Subclass 858) in 2026: What It Takes to Be Invited
What the National Innovation visa requires in 2026, the real invitation numbers from the latest round, and why the income threshold you read about is...
How to Submit an Expression of Interest (EOI) in SkillSelect: 2026 Guide
A free Expression of Interest in SkillSelect needs at least 65 points to be considered for the 189, 190 and 491. How to lodge one in 2026, explained.
Subclass 887 Visa: The Permanent Step After Regional Migration
How the subclass 887 visa turns a regional provisional visa into permanent residence, who qualifies, the residence and work rules, and the 491 catch.
Global Talent Visa Australia 2026: Eligibility, Application Process and Real Costs
The Global Talent Visa is now the National Innovation Visa (Subclass 858). 2026 guide to eligibility, sectors, salary threshold, fees and processing...
Skills Assessment Australia: Which Assessment Body You Need and How to Apply (2026 Guide)
Find out which skills assessment body you need for your Australian visa, what it costs, how long it takes, and what to do if your assessment is...
All 38 guides on skilled visas
- Australia’s New Points Test: What Could Change in July 2026
- State Nomination 2026: Which Australian States Are Easiest to Get Nominated In
- 491 Visa in 2026: Fewer Places, Higher Competition, and How to Stand Out
- PR Eligibility Australia: How Temporary Visas Transition to Permanent Residency
- How the Australia Points Test Works: Skilled Migration & Permanent Residency Explained
- 190 Visa Australia: How to Improve Your Chances of State Nomination
- Skilled Worker Visa Australia: Pathways from Working Holiday Visas to Permanent Residency
- Australian Skilled Occupation List Explained: Your Pathway to Australian PR with Visa Requirements and Points Calculator
- Australia’s Top Occupations in Demand
- NSW now inviting Subclass 491 applicants
- Applications open for Innovation and Early Careers Skills Exchange Pilot (IECSEP) Program
- Your Guide to the Subclass 190 and Subclass 491 Skilled Visas
- Victoria’s Skilled Migration Program 2025–26 Now Open
- Full Occupation List by Industry – August 2025 SkillSelect Invitation Round
- August 2025 SkillSelect Invitation Round: Subclass 189 & 491 Update
- National Innovation Visa (NIV) Priority Sectors & Eligibility
- National Innovation Visa (Subclass 858) – Victorian Nomination
- Trends in the Temporary Resident (Skilled) Visa Program – March 2025 Report Summary
- Subclass 191 Residency Rules Clarified as Victoria Closes 2024–25 Skilled Visa Program
- Breakdown and Analysis of Invitations in the SkillSelect Program
- ACT Skilled Migration Nomination Invitation Round – 30 January 2025
- The New National Innovation Visa: An In-Depth Guide
- Introducing the Core Skills Occupation List (CSOL): A Major Update to Australia’s Skilled Migration Program
- ACT Skilled Migration Nomination Invitation Round – 19 September 2024
- NSW Skilled Migration Program 2024-25 Update
- Skilled Work Boost to Ease Labour Shortages in Western Australia
- Reforming Australia’s Skilled Migration Points-Tested Visa System
- Priority Processing for Construction Skills Assessments with Trades Recognition Australia
- Update on 2024-25 Skilled Migration Program State Nomination Allocations
- Closure of the Business Innovation and Investment Program (BIIP)
- Victoria’s 2023-24 State Nominated Skilled Visa Program Closed to New Applications
- NSW Government provides easier access to the Skilled Work Regional Visa (Subclass 491)
Frequently asked questions
What is the difference between the 189, 190 and 491 visas?
The 189 is a permanent visa with no state or territory nomination. The 190 is also permanent but needs a nomination from a state or territory. The 491 is a five-year provisional visa for people nominated by a state or territory, or sponsored by an eligible relative, to live and work in a designated regional area. All three are points-tested.
Do I need a skilled migration lawyer or can I apply myself?
You can lodge a skilled visa application yourself. A lawyer tends to add the most value where the case is not straightforward, for example with a complex points claim, a previous refusal, a character or health issue, or a decision about which state to target. At a consultation we can tell you which parts of your case are worth getting help with, and which you can reasonably do yourself.
What is an Expression of Interest (EOI)?
An EOI is lodged in SkillSelect and sets out your occupation, qualifications, experience and points claims. It is not a visa application, and lodging one does not guarantee an invitation. For the 189, 190 and 491 you need to be invited before you can apply. Our EOI guide explains the steps.
Do I need a skills assessment first?
Home Affairs lists a suitable skills assessment for your occupation as a requirement for the 189, 190 and 491, and it is needed before you can be invited. The assessing authority depends on the occupation, and each has its own evidence requirements. Our skills assessment guide explains how the process works and how to choose the occupation.
How does state nomination work?
For the 190 and 491, a state or territory government nominates you, and each jurisdiction sets its own criteria and process. Being invited is a separate step through SkillSelect, so a nomination does not mean you can apply straight away. A nomination strategy looks at which jurisdictions your occupation and profile may suit. See our state nomination guide.
Can the 491 lead to permanent residence?
It may. The 491 allows you to apply for permanent residence after three years from the grant. The permanent visa is the Subclass 191, which requires you to have held an eligible visa for at least three years, complied with its conditions and met an income threshold. See our 491 guide for more detail.
What is the National Innovation visa?
The Subclass 858 National Innovation visa is a permanent visa for people with an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts or academia and research. You need an invitation and a nominator with a national reputation in your area. Read our 858 guide.
What if my skilled visa or nomination was refused?
The options depend on what was refused and where you were when it happened. Some refusals can go to the Administrative Review Tribunal, and the time limit for onshore decisions is generally 28 days, which the Tribunal cannot extend. Others call for a fresh application that addresses the reasons. Get advice quickly. See our appeals service.
