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Skilled Nominated Visa Subclass 190 (Permanent Visa)

The Skilled Nominated Visa – subclass 190 visa is a permanent visa, like subclass 189. However, an applicant for this visa must be nominated by a State/Territory Government.

The applicants must also secure an invitation from the Department of Home Affairs to apply for the subclass 190 visa and obtain a positive skills assessment.

Unlike a subclass 189 visa, the occupation lists relevant to a skilled 190 visa generally cover many more types of occupations that are not generally available for a subclass 189 visa. Also, there is only one pathway/stream available, similar to the points-tested stream for the GSM 189 visa.

Stages/Processes in the Skilled Nominated Visa

Similar to the points tested stream for a subclass 189 visa, the subclass 190 visa pathway ‘ranks’ the applicants based on their ‘points’ claimed. The factors that determine an applicant’s points are based on many factors, such as age, English language proficiency, qualifications, work experience, etc.

There are several processes involved:

  1. First, an applicant must meet the minimum points requirement. The minimum total point is currently set at 65 points. In other words, applicants who are unable to claim at least 65 points are not eligible to apply.
  2. Second, submit an Expression of Interest (EOI) to the Department of Home Affairs. In the EOI, an applicant must provide details on how many points they wish to claim.
  3. Third, if the relevant State/Territory Government will invite the applicant to lodge a nomination application.
  4. Fourth the Department of Home Affairs will issue an invitation to apply for the subclass 190 visa. The applicant will then be given time to lodge their visa application.
  5. Fifth, the applicant must submit the subclass 190 visa application within the timeframe.
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Occupation List and Skills Assessment

Applicants of a subclass 190 visa must nominate an occupation that is listed on the eligible occupation list set by the Australian Government. Otherwise, they will not be eligible to apply. As above, the occupation lists for a skilled nominated visa cover many more occupations that are not available for a subclass 189 visa.

The State/Territory Government may also impose additional requirements for applicants who want to secure a nomination from them, based on the specific needs of the respective State/Territory.

A positive skills assessment is also required to be obtained and must still be valid at the time of invitation for the visa. In other words, applicants who do not have a positive skills assessment, or whose assessment has expired, will not be eligible to apply even though they receive an invitation from the Department of Home Affairs and/or the State/Territory Government.

A recent case of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 has recently ‘redefined’ the term ‘at time of invitation’.

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Adding Dependent Applicants on the 190 Visa Application

An applicant may include their family members, such as partner and/or children, at the same time when the 190 skilled visa application is lodged, or during the processing of the application.

 

Any family members cannot be included after the skilled nominated visa is granted. Rather, the 190 visa holder may sponsor the family member on another type of visa, such as a partner visa.

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190 Visa Australia Frequently Asked Questions

There is no set timeframe for how long an applicant will receive an invitation to apply for a visa and/or a State/Territory nomination. It is also possible for an applicant to never receive any invitation. If an applicant has not received any invitation for two years since the EOI is lodged, then it will expire, and the applicant will need to lodge a new EOI.

Yes, an applicant can be in or outside Australia when applying for a subclass 190 visa. However, applicants outside Australia may not be eligible for a bridging visa to remain or enter Australia during the processing of the subclass 190 visa application.

If you submitted the visa application while you are in Australia and you are granted a bridging visa, you may remain in Australia during the processing of your subclass 190 visa application.

The main difference would be the requirement to obtain a nomination from a State/Territory Government, and the difference in the relevant occupation lists. Thus, it may be possible for an applicant in certain occupations and skills to be eligible to apply for a subclass 190 visa, but not a subclass 189 visa.

As a subclass 190 visa is a permanent visa, it will have a duration of 5 years. Thereafter, you may be eligible for a Resident Return visa, or an Australian Citizenship.