189 Vs 190 Visa

189 Vs 190 Visa: What Is The Difference Between The Two Visas?

Are you planning on moving to Australia and looking for a suitable visa that fits your profile? With so many visa options available, it can be challenging to determine which one is right for you. Two of the most popular visa options are subclass 189 and subclass 190. While they may sound similar, these two visas have significant differences that can impact your immigration journey.

This article will explore the key differences between these visa subclasses and help you choose the ideal option for your specific situation.

Overview of 189 Visa

The Skilled Independent Visa, also known as the 189 Visa, is a permanent visa for Australia. It’s designed for skilled migrants who don’t have sponsorship from an employer, family member, or a state or territory government. The main goal of this visa is to bring in skilled workers who can boost the Australian economy.

  • What Does the 189 Visa Allow?

    With the 189 Visa, you can work for any employer in any occupation. You can also study and get access to Medicare, which is Australia’s healthcare system. This visa even allows you to travel to and from Australia for five years from the date it’s granted.

  • Pathway to Citizenship

    The 189 Visa can lead to Australian citizenship if you meet certain eligibility criteria. This makes it a great option for people who meet these criteria and don’t have a sponsor or relative in Australia.

  • Eligibility Criteria for 189 Visa

    To be eligible for the Skilled Independent Visa (Subclass 189), you need to meet several requirements. First, you must choose an occupation from the Skilled Occupation List and have your skills evaluated by the relevant assessing authority.

  • Points Test

    You must score at least 65 points on the points test. This test considers factors like your age, English language proficiency, and work experience.

  • Additional Requirements

    Applicants must be under 45 years old and meet certain health and character requirements. Unlike the Skilled Nominated Visa, the Skilled Independent Visa doesn’t require sponsorship from an Australian state or territory.

  • Importance of Eligibility Criteria

    Meeting these eligibility criteria is vital if you want to apply for the Skilled Independent Visa and get permanent residency in Australia.

Overview of 190 Visa

The Skilled Nominated Visa, also known as the 190 Visa, is a permanent visa for Australia. It’s specifically for skilled workers who have been nominated by an Australian State or Territory government. The main goal of the 190 visa is to bring in skilled workers to fill labour shortages in specific states and territories.

  • Points-Based System

    The 190 visa operates on a points-based system. Applicants are ranked based on their qualifications, employment experience, English language ability, and age. They must also have an occupation on the Skilled Occupation List (SOL) and meet the eligibility criteria set by their chosen state or territory.

  • What Does the 190 Visa Allow?

    The 190 visa allows successful applicants to work and live permanently in Australia. However, there’s an additional obligation to live and work in the nominated state or territory for at least two years after receiving the visa. This makes the 190 visa a popular choice for skilled workers who want to live and work in specific states or territories in Australia.

  • Eligibility Criteria for 190 Visa

    To be eligible for the Subclass 190 visa, applicants must be nominated by a state or territory government agency. This nomination is based on their skills and expertise in an occupation that is in demand in that particular state or territory.

  • Points Test

    Applicants must also pass the same points test as the Subclass 189 visa. They need to score at least 65 points on factors such as age, English language proficiency, work experience, and education qualifications.

  • English Language Proficiency Requirement

    Applicants must meet the minimum English language proficiency requirement. This can be demonstrated through various tests like the International English Language Testing System (IELTS), Occupational English Test (OET), Pearson Test of English (PTE), or Cambridge English: Advanced (CAE).

  • Residency Requirement

    Unlike the Subclass 189 visa, Subclass 190 visa applicants must reside in the nominating state or territory for at least 2 years before being eligible for citizenship. They also need to live and work in the nominated state or territory for at least 2 years.

  • State-Specific Criteria

    The eligibility criteria for the Subclass 190 visa are specific to each state and territory and can change frequently. Therefore, it’s important to seek the advice of a migration lawyer before lodging an expression of interest.

Difference Between 189 and 190 Visa

Sponsorship requirement

One of the key differences between the 189 and 190 visas is the sponsorship requirement.

The 189 visa is an independent visa, which means that applicants do not require sponsorship from an employer or a state or territory government agency.

On the other hand, the 190 visa requires a nomination from a state or territory government agency based on the applicant’s skills and expertise in a particular occupation that is in demand in that region.

This introduces additional criteria that must be met in order to be eligible for the visa. It is important to review these criteria well in advance of applying, as the requirements specific to each state or territory are subject to frequent change and may also depend on quotas issued by the Australian Federal Government.

Points system for eligibility

The eligibility criteria for both the Subclass 189 and 190 visas are based on a points system ranking applicants based on factors such as age, English language ability, education qualifications, work experience, and skills assessment. The minimum point requirement is 65, and meeting the minimum criteria may not guarantee an invitation to apply for the visa.

For the Subclass 189 visa, applicants need to nominate an occupation from the Medium and Long-term Strategic Skills List (MLTSSL), while the Subclass 190 visa has more options, including the MLTSSL, the Short-term Skilled Occupation List (STSOL), or a state/territory-specific occupation list. Points can also be earned through partner skills qualifications or a state or territory nomination.

The points system serves as a fair and objective way to rank applicants and ensure that the most skilled and qualified individuals receive invitations to apply for the visa.

Priority processing time

Priority processing time is a crucial factor to consider when applying for a visa in Australia. Skilled Nominated Visa Subclass 190 has a faster processing time than Skilled Independent Visa Subclass 189. If you are eligible for both visas, you may want to consider applying for Subclass 190 instead.

However, it is important to note that priority processing time may vary depending on various factors, such as the number of visa applications received by the Department of Home Affairs (DHA) and your individual circumstances.

Ensuring that all requirements and documents are submitted accurately and on time is also important.

Work restrictions

When it comes to working in Australia as a visa holder, it’s important to know the work restrictions that come with each type of visa. For the 189 visa, holders are granted the freedom to work and live permanently in Australia without any work restrictions. This visa is ideal for highly skilled individuals in occupations that are in high demand in Australia and who do not have a nominating employer or family member. On the other hand, the 190 visa is sponsored by a state or territory government and is subject to work limitations. This visa holder is required to work for the sponsoring state or territory government for a specified period and in a specific occupation.

While this may limit the scope of available job opportunities, it also offers the advantage of additional points towards permanent residency.

Which Visa to Choose?

Several factors must be considered when deciding between the 189 and 190 visas. Firstly, if you prefer independence in choosing where to live and work in Australia, the 189 visa might be preferable since it does not require state or territory sponsorship.

However, if you have a preference to live and work in a particular state or territory in Australia, the 190 visa may be a better option. Additionally, since the 190 visa requires state or territory nomination, it may increase your chances of receiving an invitation to apply for the visa. On the other hand, the nomination process for the 190 visa may be competitive and selective.

It is also important to consider any employment and residence requirements that may be imposed by the state or territory from which you will seek sponsorship. Ultimately, your decision should be based on your personal situation and priorities.

Summary of differences

In summary, the main difference between the 189 and 190 visas are the sponsorship requirements and the skilled occupation lists. The Skilled Independent 189 visa does not require sponsorship from an Australian State or Territory, while the Skilled Nominated 190 visa requires sponsorship from a State or Territory government. This means that the 190 visa has additional criteria that must be met in order to be eligible for the visa, such as residency and employment requirements.

Additionally, the skilled occupation list for the 190 visa differs from the Medium and Long Term Strategic Skills List (MLTSSL) that is used for the 189 visa. It is important to carefully review the criteria and eligibility requirements for both visas before deciding which to apply for.

Consulting with a migration lawyer or an immigration consultant can help ensure that you are eligible for the appropriate visa and simplify the process of applying for permanent residency in Australia.