Australia PR Case: Comparing Skilled Independent and State-Nominated Pathways

This is a representative, anonymized case study. It is not a real client experience or testimonial, and it does not describe a specific client file, applicant or visa decision. Applicant details are generalized. Real, individually documented client work is published separately under Client Experiences.

At a Glance

The Applicant’s Situation

The applicant’s occupation was eligible under both a general skilled independent pathway and a state nomination stream, and the applicant needed to understand which was more realistic.

The Central Problem

The central problem is that a state or territory nomination stream has its own criteria, set by the nominating state or territory, in addition to the points test, and these need to be checked carefully against the applicant’s profile.

Key Focus of This Case

Comparing the applicant’s standing under the general points test against the specific state nomination criteria.

How IndoWorld Approaches a Case Like This

This describes the kind of preparation work involved. It is not a record of work on a specific client file.

• Reviewing the applicant’s points score under the general skilled independent pathway
• Reviewing the relevant state nomination stream’s specific criteria
• Checking any residence, work or connection requirements set by the nominating state or territory
• Recommending a pathway based on the comparison

Evidence and Documentation Considered

• Points test calculation
• State nomination eligibility criteria
• Occupation evidence and any connection evidence the state requires

Process Stage Illustrated

This case illustrates the stage of comparing two routes and preparing a recommendation. This representative case does not state which pathway was chosen, nor any invitation, nomination or visa decision.

What This Case Illustrates

This case illustrates why the pathway with fewer visible steps is not always the one that actually fits the applicant’s circumstances. Home Affairs states that the 189 points-tested visa needs no sponsor or nominator, whereas the 190 visa depends on a nomination process run by each state or territory agency. See the IndoWorld Decision Principles for more on this reasoning.

Our Australia permanent residency page gives the broader picture of independent and state-nominated skilled pathways. See also the Australia PR state nomination guide.

What This Case Does Not Prove

This representative case is not evidence of an approval probability or success rate, and it is not a guarantee of any outcome. It does not show that any applicant would meet a state or territory’s criteria, receive an invitation or nomination, or be better suited to one route than the other. This case does not describe a specific client file, and a nomination stream that suits one profile may not suit another. Decisions are made solely by the relevant government or assessing authority.

What the official guidance says an applicant like this must show

Home Affairs describes the independent and the state-nominated skilled visas on separate pages, but both start from the same Expression of Interest. These points are general guidance from those pages, not advice on any real profile.

• One EOI, several visas. An Expression of Interest must be submitted before an invitation for the subclass 189, 190 or 491 visa, and the EOI collects the personal, education and work information that produces the points score. Home Affairs: Expression of Interest ↗
• Same eligibility conditions on both visa pages. For the 189 and the 190, Home Affairs lists an occupation on the relevant skilled list, a suitable skills assessment, an invitation to apply, and satisfying the points test. Home Affairs: Skilled Independent visa (subclass 189), points-tested stream ↗ Home Affairs: Skilled Nominated visa (subclass 190) ↗
• Different lists for different visas. Home Affairs explains that different skilled occupation lists apply to different visas, so the occupation should be checked against the list that applies to the visa being considered. Home Affairs: Expression of Interest ↗ Home Affairs: skilled occupation list ↗
• Same points threshold. Meeting the minimum of 65 points is required for an invitation under all three visas, and it gives no guarantee of one. Home Affairs: Expression of Interest ↗
• A partner may be the better primary applicant. Home Affairs notes that if an applicant does not reach the score and has a partner, the partner can check whether they would meet it and submit the EOI as primary applicant. Home Affairs: Expression of Interest ↗

If your application was refused – what to look for in the letter

When a state-nominated route is in play, a refusal letter or a decision about nomination can come from either the nominating state or territory or the Department of Home Affairs, and the two are separate. Look for who made the decision and which condition is named: the nomination, the occupation, the skills assessment or the points. Our Australia PR state nomination guide and Australia PR eligibility page explain how the routes differ. Home Affairs’ character page says applicants must truthfully answer all questions and provide all requested information, and that they may later be asked to complete Form 80 (personal particulars for character assessment), so an earlier refusal in any country should be stated accurately wherever it is asked. Home Affairs: character requirements ↗

Official Source

This case relates to requirements set by Australian Department of Home Affairs and by state and territory nomination agencies. IndoWorld’s role is practical preparation and guidance; visa and immigration decisions are made solely by the relevant government authority.

Home Affairs: Skilled Nominated visa (subclass 190) ↗  ·  Home Affairs: Skilled Independent visa (subclass 189) ↗

Related IndoWorld Resources