189 and 190 visa: Know the main differences

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Are you thinking about moving to Australia as a skilled worker? You need to know how 189 and 190 visas differ to make a smart choice. These two common visa types have their own perks and rules. They fit different goals and situations of skilled professionals who want to live and work in Australia.

This complete guide will teach you the main differences between visa subclass 189 and 190. We’ll look at sponsorship needs, who can apply, job lists, and work limits. You’ll also learn about invitation rounds, what you must do after getting the visa, and state preferences. By the end, you’ll know which visa fits your aims and skills best for moving to Australia.

Overview of Sponsorship and Nomination Requirements

189 Visa Sponsorship

The Subclass 189 Skilled Independent visa has a big plus: you don’t need anyone to back you up. No employer state, territory, or family member has to vouch for you. This freedom lets you settle down and find work anywhere in Australia for good, without having to stick to one area.

190 Visa Nomination

On the other hand, the Subclass 190 visa needs a nod from an Australian state or territory. This means you have to meet extra requirements to qualify. Here’s what you should keep in mind:

  1. State-specific rules: Every state has its own job list and different rules, which might include:
    • Having a job lined up
    • Getting a certain English test score
    • living in the state
  2. How they pick people: You join a group of folks applying for your job, waiting for a state government to choose you. States can pick applicants based on what they want, with some picking those with lower scores than others.
  3. What you need to do after: You have to live and work in the state or territory that sponsored you for at least 2 years after you get the visa.

How These Differences Change Your Application

The sponsorship and nomination rules have a big impact on how you apply for both visas.

  1. 189 Visa: You can submit an Expression of Interest (EOI) without state nomination.
  2. 190 Visa: You need to get a state nomination first. then will your application go to the federal government, triggering your Invitation to Apply (ITA)

The states don’t open for all jobs year-round. It’s key to check the rules well ahead of time. Each state and territory might have specific job and living requirements.

Visa Eligibility Rules and Point System

189 Visa Eligibility

To get the Skilled Independent visa (subclass 189), you need to meet a few key requirements. You must be younger than 45 years old and pick a job from the skilled occupation list. You have to get a positive skills assessment for the job you choose. You also need to show you’re good at English, with an IELTS score of at least 6.0 in each part. On top of that, you need to score 65 points or more on the points test.

190 Visa Eligibility

The Skilled Nominated visa (subclass 190) shares many requirements with the 189 visa but has a few key differences. Both visas need applicants to be under 45 years old, have a positive skills assessment, and score at least 65 points. But the 190 visa also needs nomination by an Australian state or territory. Each state and territory lists eligible occupations and may set specific requirements to consider skills and work experience.

Points Test Comparison

Both visa subclasses use a points-based system, but the 190 visa gives an extra 5 points for state nomination. You can check your points eligibility using a PR points calculator. Points go to various factors:

  1. Age: You can get up to 30 points if you’re between 25-32 years old.
  2. English skills: You earn 0-20 points depending on how good your English is.
  3. Work history: You can score up to 20 points for skilled jobs in Australia or other countries.
  4. Education: You can receive up to 20 points for degrees or diplomas that fit the job.
  5. Australian study: You get 5 points if you meet the Australian study rules.

You need at least 65 points to apply for either visa. The points system helps judge your skills and qualifications.

Occupation Lists and Work Restrictions

189 Visa Occupation List

The Skilled Independent Visa (Subclass 189) gives you the option to pick from jobs on the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL). These lists include jobs that Australia needs across the country. To check if your skills match a job on these lists, you need to look at the duties listed under the specific ANZSCO code. For instance, if you’re a Civil Engineer (ANZSCO code 233211), you should be able to do at least 60% of the tasks listed for that job.

190 Visa Occupation List

To qualify for the Skilled Nominated Visa (Subclass 190), your job must appear on the list specific to the state you’re interested in. Each state crafts its own list to tackle local skill gaps. Just like the 189 visa, you can pick jobs from the MLTSSL, STSOL, or a list unique to a state or territory. This range of options lets states zero in on skills that are in high demand in their area.

Post-Visa Work Obligations

The 189 visa gives you more freedom to work and live where you want. You can settle and get a job anywhere in Australia for good without having to stay in one area. The 190 visa is different. It requires you to live and work in the state or territory that sponsors you for at least two years after you get the visa. This limits where you can look for jobs in Australia.

The job lists and work rules are key in deciding if you can apply and what you need to do after you get the visa. You should think hard about these things when you’re picking between the 189 and 190 visas.

Invitation Rounds and Selection Criteria

189 Visa Invitation System

The Skilled Independent visa (subclass 189) has a regular invitation system. The Department of Home Affairs sends out invitations four times a year. This schedule gives applicants a clear timeline to expect. To have a chance, you need to put in an Expression of Interest (EOI) through SkillSelect. The system puts applicants in order based on their points, and you need at least 65 points to qualify. Then, invitations go out to the people with the highest points.

190 Visa Invitation System

On the other hand, the Skilled Nominated Visa (subclass 190) takes a different tack. State and territory governments run their own invitation rounds to meet their particular needs and fill skill gaps. This means the frequency and selection criteria change from place to place. To throw your hat in the ring, you need to submit an EOI and get a nod from a state or territory. Each state has its own job list and might ask for extra things, like job offers or specific English test scores.

Frequency and Occupation Ceilings

The 189 and 190 visas have different invitation frequencies. The 189 visa follows a fixed quarterly schedule, while the 190 visa timings change depending on the state. The 189 visa has a key feature: occupation ceilings. These limits cap the number of invites for certain jobs. They help keep the skilled migration programme balanced. On the other hand, states and territories have more room to pick applicants for the 190 visa. They don’t have to stick to national job ceilings. This lets them react better to local job market needs.

Post-Grant Obligations and Pathways

189 Visa Obligations

Once you get the Skilled Independent visa (subclass 189), you can live and work anywhere in Australia for as long as you want. This visa doesn’t tie you to a specific place, so you can pick where you live based on what you like and where you find jobs. You can go in and out of Australia for five years from when you get the visa. After that, you’ll need a Resident Return Visa to come back as a permanent resident.

190 Visa Obligations

The Skilled Nominated Visa (subclass 190) has specific rules you need to follow. You have to move to the state or territory that nominated you within six months of getting to Australia. Also, you need to live and work in the state or territory that sponsored you for at least two years after you get your visa. This rule limits where you can choose to live in Australia and narrows down your job options to the area that nominated you during this time.

Transition to Citizenship

Both visa holders can get Australian citizenship after living in Australia for four years, including at least 12 months as a permanent resident. To become a citizen, you must pass a citizenship test (if you’re under 60), have good character, and meet residence requirements. Citizenship gives you more rights, like voting in elections, getting an Australian passport, and working for the government. It also means you have to follow Australian laws and serve on a jury if asked.

State and Territory Preferences

189 Visa Location Freedom

A 189 visa gives you the chance to call any part of Australia home. This visa lets you put down roots wherever feels right, from beaches with lots of sun to lively cities. You don’t have to stick to certain job offers or state sponsorships, which means you can chase opportunities all over the country. If you want to work in busy Sydney companies or quiet towns in the outback, it’s up to you.

190 Visa State Restrictions

The 190 Visa carries certain responsibilities linked to your selected state or territory. You need to get a nomination from a specific region and fulfil their distinct criteria. Once approved, you have to relocate to your nominated state or territory within six months of landing in Australia. Also, you must reside and have a job in the sponsoring region for at least two years after you receive the visa. This obligation restricts your options in picking where you live and work within Australia.

Choosing the Right Option

Your choice between the 189 and 190 visas hinges on what you want and your situation. The 189 visa lets you live and work across Australia. The 190 Visa, on the other hand, needs you to stick to one state or territory but gives you 5 extra points for your points test score. As you decide, think about job demand, state rules, and your future plans.

Adding Family and Partner Points

The 189 and 190 visas both let you add family members who qualify to your application. This option can boost your points score and improve your chances of getting a visa.

189 Visa Family Options

The Skilled Independent visa (subclass 189) lets you add your spouse or de facto partner and dependent kids to your application. Your partner needs to be under 45 when you get invited to apply for the visa. If you’re not married or your partner is an Australian citizen or permanent resident, you can get 10 points.

190 Visa Family Options

The Skilled Nominated Visa (subclass 190) gives you the same family options as the 189 visa. You can add your spouse, de facto partner, and dependent kids to your application. The age limit and points for partners match those of the 189 visa.

Effect on Points Score

Your partner’s skills and qualifications can increase your total points total. You can get 10 points if your partner meets certain requirements, including having a proper skills assessment, good English, and a job on the relevant skilled occupation list. Or, you can get 5 points if your partner has good English but doesn’t meet other requirements. Keep in mind only one qualification counts for points, even if your partner has several recognised qualifications.

Education and Qualification Recognition

189 Visa Education Requirements

To get a 189 visa, you need to meet certain education standards. Your qualifications must be valid when you get an invite. Skill assessments stay valid for three years, unless noted otherwise. Make sure your skills assessment remains up-to-date as you apply.

190 Visa Education Requirements

The 190 visa has education requirements like the 189 visa. But states or territories might have their own rules. These could include finishing a course at a registered school in the state or territory that’s nominating you.

Australian Study Requirement

To fulfil the Australian study requirement, you must finish one or more qualifications that:

  1. Have registration under CRICOS.
  2. Took at least 16 calendar months to finish
  3. Came from at least 2 academic years of study
  4. Used English as the language of instruction.
  5. Happened while you had a valid study visa in Australia

You can meet this requirement through one qualification or several courses that add up to two academic years. If you meet the Australian study requirement, you can get 5 points in the points test for both 189 and 190 visas.

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Visa Conditions and Travel Rights

189 Visa Conditions

The Skilled Independent Visa (subclass 189) gives you plenty of freedom and perks. You can make your home and earn a living anywhere in Australia for as long as you want without needing a sponsor. This visa lets you learn, join Medicare, and ask for Australian citizenship if you qualify. You also have the right to back eligible family members for permanent residency.

190 Visa Conditions

The Skilled Nominated Visa (subclass 190) offers many of the same perks as the 189 visa, but it comes with extra duties. You need to live and work in the state or territory that nominated you for at least two years after you get your visa. This rule is key to keeping your visa valid.  Just like with the 189 visa, you can use Medicare to try for citizenship (once you’ve lived here long enough) and bring over family members who qualify.

International travel implications

Both visas give you permission to travel to and from Australia for five years starting from when you get the visa. After this time, you’ll have to get a Resident Return Visa or another valid visa to come back to Australia as a permanent resident. Keep in mind that the travel part of your visa runs out after five years, even though you’re still a permanent resident. To keep your travel rights, you might need to apply for a Resident Return Visa (subclass 155 and 157) once the first five-year period is over.

Choosing the right visa for your Australian journey

The 189 and 190 visas give skilled professionals different ways to settle in Australia. With the 189 visa, you can live and work anywhere you want in the country. The 190 visa, on the other hand, needs you to stay in a specific state or territory for at least two years. Both visas have an influence on things like occupation lists, invitation rounds, and what you need to do after you get the visa. These factors shape your overall experience of moving to Australia.

To sum up, your choice between these visas hinges on your situation, career plans, and lifestyle preferences. You need to consider the good and bad points of each option, looking at things like state nominations, point systems, and whether you can bring your family. When you grasp these main differences, you’ll be in a better position to decide on your path to move to Australia. Still hesitant on what to choose, speak to a registered migration agent to help you with the process.