Australia is a popular destination for skilled professionals from around the world, due to its thriving economy, high quality of life, and huge opportunities. Two of the most sought-after visa options for skilled workers are the Subclass 189 (Skilled Independent Visa) and the Subclass 190 (Skilled Nominated Visa). Both visas offer a pathway to permanent residency in Australia, but they come with distinct differences in eligibility, application requirements, and conditions. In this blog, we’ll explore these two visas in detail, helping you understand their unique features and which one might be the right choice for you.
Understanding the Basics
Subclass 189 Visa: Skilled Independent Visa
The Subclass 189 Visa is a points-tested visa that allows skilled workers to live and work in Australia permanently. It does not require sponsorship or nomination from a state or territory government, making it an independent visa. This visa is ideal for individuals who possess high-demand skills and can meet Australia’s points test without additional support.
Key Features of Subclass 189 Visa:
- Independence: No need for state or territory sponsorship.
- Flexibility: You can live and work anywhere in Australia.
- Permanent Residency: Grants permanent residency status from the start.
- No Work Restrictions: No restrictions on employment types or locations.
- Family Inclusion: Allows you to include eligible family members in your application.
Subclass 190 Visa: Skilled Nominated Visa
The Subclass 190 Visa is also a points-tested visa, but it requires a nomination by an Australian state or territory government. This nomination is essential to the application process and may come with specific conditions, such as living and working in the nominating state for a certain period after visa grant.
Key Features of Subclass 190 Visa:
- State or Territory Nomination: Requires sponsorship from a specific Australian state or territory.
- Priority Processing: State nomination often results in faster processing times.
- Regional Opportunities: Access to regional job markets aligned with state priorities.
- Permanent Residency: Grants permanent residency but with initial obligations to the nominating state.
- Family Inclusion: Like the Subclass 189, family members can be included in the application.
Eligibility Criteria
While both visas target skilled workers, their eligibility requirements have important distinctions:
Common Eligibility Requirements:
- Occupation on the Skilled Occupation List:
- Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL) for the Subclass 189 visa or the relevant state’s list for the Subclass 190 visa.
- Skills Assessment:
- You must have your skills assessed by the relevant assessing authority for your nominated occupation.
- Points Test:
- Both visas use a points-based system where applicants are awarded with points based on factors like age, English proficiency, work experience, and education. A minimum of 65 points is required.
- English Proficiency:
- Applicants must demonstrate at least a competent level of English through recognized tests like IELTS or PTE.
- Age Limit:
- You must be under 45 years of age at the time of invitation.
- Health and Character Requirements:
- Applicants must meet Australia’s health and character standards.
Subclass 189-Specific Criteria:
- No nomination is required, so applicants must rely solely on their points score and eligibility under the independent skilled migration stream.
- The occupation must be listed on the MLTSSL.
Subclass 190-Specific Criteria:
- Requires nomination by an Australian state or territory government.
- Applicants may need to meet additional criteria set by the nominating state, such as work experience, specific skills, or willingness to live in regional areas.
- Occupations may appear on both the MLTSSL and the Short-term Skilled Occupation List (STSOL), depending on the state.
Application Process
The application process for both visas includes several steps. Let’s compare the processes side by side to understand how to apply for a Skilled Independent Visa Subclass 189 and the Skilled Nominated Visa Subclass 190 effectively:
Subclass 189 Application Process:
- Submit an Expression of Interest (EOI):
- Lodge an EOI through the Skill Select system.
- Receive an Invitation to Apply (ITA):
- Invitations are issued to the highest-ranking candidates based on their points score.
- Lodge the Visa Application:
- Submit your visa application within 60 days of receiving the ITA.
- Provide Supporting Documents:
- Include evidence of skills assessment, English proficiency, work experience, and other required documents.
- Await Decision:
- Processing times vary but typically take several months.
Subclass 190 Application Process:
- Submit an Expression of Interest (EOI):
- Lodge an EOI through the Skill Select system, indicating interest in specific states or territories.
- Apply for State Nomination:
- Each state has its own nomination process, which may include additional forms, fees, and interviews.
- Receive Nomination and ITA:
- If nominated, you’ll receive an invitation to apply for the visa.
- Lodge the Visa Application:
- Submit your visa application within 60 days of receiving the ITA.
- Provide Supporting Documents:
- Include all required documents, including evidence of state nomination.
- Await Decision:
- Processing times vary but may be faster due to state sponsorship.
Key Differences Between Subclass 189 and Subclass 190 Visas
| Aspect | Subclass 189 Visa | Subclass 190 Visa |
| Sponsorship | Not required | Required from a state or territory |
| Residency Conditions | Can live anywhere in Australia | Expected to live in the nominating state initially |
| Occupation Lists | MLTSSL only | MLTSSL and state-specific lists |
| Points Advantage | No Additional Points | 5 points awarded for state nomination |
| Processing Time | Slightly longer | Potentially faster due to nomination |
| Flexibility | More flexible, no restrictions | Some restrictions tied to the state nomination |
Advantages of Each Visa
Advantages of Subclass 189 Visa:
- Complete freedom to choose where you live and work in Australia.
- No obligations or restrictions tied to a nominating authority.
- Greater independence and flexibility for career growth.
Advantages of Subclass 190 Visa:
- Easier to meet points requirements due to the additional 5 points from state nomination.
- Access to state-specific support and resources.
- Potentially faster processing times through state sponsorship.
Choosing the Right Visa
Subclass 189 Visa is Ideal If:
- You have a high points score (above 80 is often competitive).
- Your occupation is on the MLTSSL.
- You value flexibility and independence in choosing where to live and work.
Subclass 190 Visa is Ideal If:
- You need additional points to meet the points threshold.
- Your occupation is in demand in specific states or territories.
- You are open to living in a particular state or regional area as required by the nomination.
Conclusion
Both the Subclass 189 and Subclass 190 visas offer excellent pathways to permanent residency in Australia, but they cater to different needs and situations. The Subclass 189 Visa provides greater freedom and flexibility, while the Subclass 190 Visa offers an advantage for applicants needing state sponsorship. Understanding your qualifications, career goals, and lifestyle preferences will help you choose the visa that’s right for you.
If you’re considering migrating to Australia, consulting with a migration agent or lawyer can be incredibly beneficial. They can provide personalized advice and guide you through the application process to maximize your chances of success.
