General Skill Migration Program: Do you know the Differences Between SC 189 and SC 190 Visas?

The Skilled Independent (Subclass 189) and Skilled Nominated (Subclass 190) visas are both permanent residency options designed to attract skilled migrants with occupations on the skilled occupation list. Both Subclass 189 and Subclass 190 visas are part of Australia's General Skilled Migration Program, but they offer distinct pathways with different requirements.

What are the Key Distinctions? 

1. State or Territory Sponsorship 

  • Skilled Nominated (Subclass 190) Visa: Requires Australian State or Territory sponsorship. This introduces additional eligibility criteria based on the specific state or territory, including factors like your nominated occupation and whether you are applying from inside or outside Australia. 

  • Skilled Independent (Subclass 189) Visa: Does not require state or territory sponsorship. This allows you to live and work anywhere in Australia without obligations to any specific state or territory. 

  • Obligations: If you obtain a Subclass 190 visa, you are required to live and work in the sponsoring state or territory for at least two years.

2. Occupation Lists 

  • Subclass 189 Visa: You must nominate an occupation listed on the Medium and Long-Term Strategic Skills List (MLTSSL). This is a broader list that does not require state nomination.

  • Subclass 190 Visa: Your occupation must be on the specific state or territory occupation list, which may include occupations from either the MLTSSL or the Short-Term Skilled Occupation List (STSOL). The lists can vary significantly between states and territories. 

  • Additional Criteria: Some states may impose extra criteria, such as a higher minimum points score or additional work experience requirements.

3. Invitation Rounds 

  • Subclass 189 Visa: The federal government generally issues invitations monthly for occupations on the MLTSSL. However, due to changing circumstances (such as COVID-19), these rounds may vary in frequency and are subject to an occupation ceiling, limiting the number of EOIs selected for each occupation. 

  • Subclass 190 Visa: States and territories issue invitations based on their own needs and shortages, allowing them greater discretion in selecting EOIs. This flexibility helps states implement their development strategies and manage skilled migration effectively.

How Can Agape Henry Crux Help

If you are considering applying for one of these visas or seeking further information, contact Agape Henry Crux for tailored advice on your specific circumstances. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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