In short: British professionals use the same 189, 190 and 491 as everyone else, at $6,135 or $6,140 for the main applicant. Three documents decide the fit: the skills assessment, the points evidence and the UK employment contract.
The first document we ask a British professional to send us is not the passport. It is the current employment contract. A six-month notice period sets the earliest start date in Australia. A restraint clause decides which employers can be approached before that date. A garden leave clause can change how the last year of experience reads in a reference. None of that appears on a visa comparison table, and all of it shapes which visa fits. This note works through the three documents in the order our migration team and our commercial practice read them.
Document one: the skills assessment
Australian occupations are defined by duties, and the assessing authority decides which code your duties match. An accountant, a quantity surveyor and a civil engineer each answer to a different authority. Each authority has its own evidence rules. The assessment must exist before the expression of interest is lodged, because the occupation it names fixes every later step. A British degree is respected, but it is compared, not assumed. We ask for the job description behind each role. A UK title such as "associate director" says nothing about the work performed.
Document two: the points evidence
A UK passport satisfies the competent English requirement without a test. It earns no points. Proficient and superior English do earn points, and both need a test result that is current at invitation. Skilled employment counts only from the date the assessing authority treats you as skilled. It counts only where the reference describes duties, hours and dates. Age is assessed at invitation, so a birthday near a band boundary sets the calendar. Partner skills, Australian study and a specialist qualification add more. The pass mark is 65. The score that draws an invitation for your occupation moves between rounds, and we do not quote it.
Document three: the UK employment contract
This is where K & K reads a file differently from a migration-only practice. Three clauses matter, and each has a migration side and a commercial side.
| Clause | Migration effect | Commercial effect |
|---|---|---|
| Notice period | Sets the earliest Australian start date. That matters for a 190 registration in a state that favours people already working there. | An Australian offer should name a start date the notice allows. Otherwise the UK employer may pursue the breach. |
| Restraint of trade | A restraint that bars approaching clients or competitors narrows the employers you can name on a state registration. | UK restraints are enforced under UK law. An Australian court reads them against a reasonableness test, but the UK employer sues where it chooses. |
| Garden leave | You are paid but not performing the duties. We treat the period as unclaimed skilled employment unless the reference supports it. | A garden leave clause often keeps the restraint alive for the leave period plus the restraint term. |
Our commercial practice reviews the UK contract before any Australian offer is signed. The same lawyers draft the Australian contract on the other side, and the two must not contradict each other. We set out what an Australian sponsor's contract has to contain in employment contracts for sponsored staff.
Which visa the documents point to
What does your UK contract let you do in the next six months?
The order on a calendar
- Month 0Contract reviewed. Notice and restraint dates diarised. Skills assessment ordered.
- Month 1English test sat if points are needed. References requested from past UK employers in the assessing authority's format.
- Month 3Skills assessment received. Expression of interest lodged naming every visa the occupation supports.
- Month 4State registrations lodged where the occupation is open. Australian offers negotiated inside the restraint.
- Month 6Invitation received. Sixty days to lodge with every point evidenced. Notice served on the UK employer.
The months are illustrative. The real calendar depends on the authority, the state and the applicant, and we do not quote processing times.
What it costs
The 189 charges $6,135 for the main applicant, $3,070 for a partner and $1,540 for each child. The 190 and 491 charge $6,140, then $3,070 and $1,535. A 491 holder pays $630 later for the 191. Assessment fees, an English test, health examinations and UK police certificates are separate. The five-dollar gap between the visas is the least useful figure on this page. We compare the three visas line by line in 189, 190 and 491 compared.
What if an Australian employer wants to sponsor me instead?
A 482 at $4,015 removes the wait for an invitation, because the employer nominates you. It ties you to that employer and brings a second contract with its own terms. If the UK restraint names that employer's clients, both contracts need reading together before either is signed.
Our migration practice runs the assessment and the expression of interest. If you are a British professional with a contract in one hand and a points calculator in the other, contact us and send the contract first.
Frequently asked questions
Does garden leave count as skilled employment for points?
Usually not on its own. Skilled employment means working in the nominated occupation, and garden leave means being paid not to. Where the reference confirms that duties continued, the period may be claimed. We treat it as unclaimed until the evidence says otherwise.
Can a UK restraint clause stop me working for an Australian competitor?
It can be enforced against you in the UK courts, and the employer may write to the Australian business. Australian courts enforce restraints only as far as they are reasonable. Whether it bites depends on the wording, the term and the geography. Have it read before you accept an offer.
Do I need a UK police certificate?
Yes, where you have spent twelve months or more in the UK in the last ten years. That covers most British applicants. Certificates take time to arrive and are best requested before the invitation.
Can I lodge an expression of interest while still employed in the UK?
Yes. The expression of interest is not a visa application and does not need an employer's consent. Nothing in it is disclosed to your employer.
My partner is not British. Does that change the file?
The partner is included as a secondary applicant. Without functional English, a further charge of $4,885 applies on the 189. A partner with a skills assessment and competent English can add points. Their citizenship does not change which visa fits.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
General information as at 2 September 2026. Not legal advice. Speak to us about your own circumstances before acting on it.