Skilled Nominated Visa Case Study 02 Subclass 190

Visa Type
Skilled Nominated visa (subclass 190)

Decision Date
16 Dec 2022

Case Summary
Background:

Yao, a postgraduate from Melbourne, secured a marketing position in a small to medium-sized company after graduation. However, this role had no relevance to his electrical engineering profession. Meanwhile, his same-sex de facto partner, Chen, had an occupation not listed in the 189 Skilled Occupation List. Therefore, they decided to pursue immigration separately, with Yao applying as a single applicant initially and later intending to sponsor Chen.

Initially, we discouraged Yao from misrepresenting unrelated work experience, as such actions could have severe consequences if discovered after visa submission, potentially leading to penalties under Section 4020, including a 3-year ban on visa applications. Given Yao’s recent graduate status and the challenges in finding relevant work, we encouraged him to continue seeking a position that met the requirements.

We assisted Yao in obtaining a positive Skills Assessment from Engineers Australia, providing two engineering assessments to enhance his chances of receiving an invitation.

Furthermore, we advised against waiting until obtaining Permanent Residency (PR) to sponsor his partner. Immigration authorities might question why he did not include his spouse in the skilled migration application. Adopting so-called “advice” solely for gaining 10 points could be unwise, as it falls under the category of concealing or misrepresenting information, risking severe penalties, including PR visa cancellation.

Chen’s occupation was listed on the 190 State Nomination Shortlist. Opting for the 190 visa, as long as Chen obtained a positive Skills Assessment and scored a minimum of IELTS 6 in each band, they wouldn’t lose the additional 10 points for a spouse. Chen, with a background in graphic design and several years of experience, was advised to utilize self-employment experience for the Skills Assessment. We suggested applying for both 190 and 189 visas concurrently to increase their chances of receiving an invitation.

Within a month, Yao secured a new job aligning with his nominated occupation. Simultaneously, after detailed planning and document preparation, Chen swiftly obtained a positive Skills Assessment, requiring no additional documentation or verification.

We promptly submitted the Expression of Interest (EOI) for Victoria’s 190 visa State Nomination. In October 2022, Yao received the invitation from the Victorian government for the 190 State Nomination, formally accepting it two weeks later. Just over a month after submitting the 190 visa application, they successfully obtained the visa without any additional document requests.

Highlights of the case:

Compared to employed applicants, the information and documentation required for self-employed individuals in the application process are indeed extensive and more complex. Throughout this process, we closely collaborated with the clients, assisting them in preparing a comprehensive set of supporting documents to ensure the recognition of their self-employment experience.

Timing is crucial for the 189 and 190 visas. We closely monitored daily changes in immigration policies, helping clients make informed decisions promptly. Because even a one-day delay could mean missing out on a policy loophole, professional judgment and sensitivity to policy changes are essential in the skilled migration visa application process.

In this case, although the couple had been together for a long time, they had not obtained a cohabitation certificate. While living together, there wasn’t an abundance of evidence proving the continuity and authenticity of their cohabitation. Following immigration law requirements, we assisted the clients in preparing the necessary relationship evidence to demonstrate the genuine and ongoing nature of their cohabitation.

Throughout the entire application process, we patiently and meticulously communicated with the clients on every detail and requirement of immigration laws and policies. We strongly advised against taking risks that could challenge legal boundaries. Tailoring multi-faceted application strategies based on the clients’ situations, we guided them step by step to achieve success at each stage.

In the visa application process, considerations extend beyond obtaining Permanent Residency (PR) to evaluating potential risks. Clients were educated on the complexity and precision underlying Australia’s visa system. Understanding that compliance with legal boundaries is paramount for a worry-free life of permanent residency in Australia, we ensured clients comprehended the importance of adhering to legal standards.

Ultimately, they successfully obtained Permanent Residency together, eliminating unnecessary troubles and expenses.