A common misconception is that the Subclass 189 Skilled Independent Visa operates identically whether applied for onshore or offshore. In reality, where you lodge your application can significantly impact your right to appeal a refusal.

Key Difference: Appeal Rights

While the 189 visa can be lodged and granted offshore, your ability to challenge a refusal depends entirely on your location at the time of decision:

If refused while outside Australia: No right of appeal

If refused while inside Australia (even if lodged offshore): Eligible to appeal to the Administrative Appeals Tribunal (AAT)

If lodged onshore with a Bridging Visa: Full appeal rights if refused

Why Lodging Onshore Is Strongly Recommended

Automatic Bridging Visa A:

Allows lawful stay in Australia pending a decision

Permits international travel with a Bridging Visa B

Critical Appeal Insurance:

Recent data shows rising refusal rates for skilled visas

AAT currently processing cases from mid-2024 – having appeal options provides crucial recourse

Strategic Flexibility:

Onshore applicants can respond quickly to requests for additional information

Maintain continuous legal status during processing

The Offshore Application Risk

No fallback option: Refusals become effectively final without AAT review

Timing challenges: Even if you enter Australia after lodging offshore, you must hold a valid visa at the time of refusal to access appeal rights

Practical Recommendation

Given the high stakes of 189 applications and increasing scrutiny:

Lodge your application after entering Australia to preserve your appeal rights—this legal safeguard could determine your ultimate success.

Consult a registered migration agent for personalized strategies regarding your 189 visa application.