3 REASONS WHY YOU ARE NOT INVITED FOR SUBCLASS 491, 190 and 189

Teresa Cardona
November 17, 2020

If you're reading this right now I'd say there's a pretty good chance that you have been wanting to apply or have a pending EOI or visa application for subclass 491, 190 or Subclass 189 with the Department of Home Affairs.  If you came from a student visa, I also bet that you might have spent ridiculous amount of money coming over to Australia only to jump from one course to the next. Some of you are so desperate to find your way to Australia so you have tried literally every online forum and every free consultation you can find to answer your questions.

Yes, I get that some of you have shifted from a cheap and popular program to a higher education program; have sat the IELTS exam a couple of times, and tried PTE to bump up your English score; done and completed the language translation certificate; hold off  the engagement and marriage to get more points--- and yet  - here you are - still waiting for an invitation !!!  

In reading this blog, you will learn the 3 important reasons why you never get invited despite of all the steps you have taken to increase your points. No matter what, I still believe that you can improve your chances of getting invited and eventually lodge or obtain your subclass 491, 189 or 190 visa.

So why do I think you are not invited despite all the efforts you made in the previous years?  

There are 3 reasons why but let me start with a more general reason that is brought about by COVID -19.  

I believe that most of you have done the hard work already, you’ve studied in Australia, pushed up the English score, done the professional year, completed the NAATI translation certificate, hold off engagement and marriage,  lodged the EOI with the Department of Home Affairs but the general reason why younever received an invitation especially in the recent past is simply because your occupation is not on list of the Priority Migration Skilled Occupation List

This PMSOL – Priority Migration Skilled Occupation List includes the 17 occupations which are as follow:

The 17 occupations (ANZSCO code) are:

• Chief Executive or Managing Director (111111)

• Construction Project Manager(133111)

• Mechanical Engineer (233512)

• General Practitioner(253111)

• Resident Medical Officer(253112)

• Psychiatrist (253411)

• Medical Practitioner nec (253999)

• Midwife (254111)

• Registered Nurse (Aged Care)(254412)

• Registered Nurse (Critical Care and Emergency) (254415)

• Registered Nurse (Medical)(254418)

• Registered Nurse (Mental Health) (254422)

• Registered Nurse(Perioperative) (254423)

• Registered Nurses nec (254499)

• Developer Programmer(261312)

• Software Engineer (261313)

• Maintenance Planner (312911)

Note that the EOIs in those occupations received invites at 80 points for onshore applicants!!! For some others like medical laboratory scientist (an occupation considered critical to COVID-19 response) received invitations for offshore applicants in the 65 marks.  

Ever since COVID -19, the applicants with occupations in the critical sectors are prioritised over all the other occupations listed in the standard MLTSSL and STSSL.  With the negative impact of COVID, the skilled migration quotas were also affected – reducing the intakes for this year- from 96,620 down to 54200. The priority Migration Skilled Occupation List and the Migration Plan Numbers are two factors are out of your hands, and therefore beyond your capacity to fix.  You can simply go with the flow knowing that you have done the best that you could, and that the steps you have taken are all correct and updated.

If not because of COVID-19, what cold be the reasons of not being invited?

Putting the Covid aside, you will still have to check the viability of your plans to lodge an EOI, or at least check whether your prospect or you lodged EOI is still good. You ‘ve got to look for something in your EOI that may not be in tune anymore because when things get back to normal, you do not want to be sitting there just waiting.   As I have said in the beginning, I think there are various reasons but I will only direct you to the top three reasons:

3 REASONS WHY YOU ARE NOTINVITED FOR SUBCLASS 491, 189 AND 190

The first reason is - you have NEVER LODGED for a more lenient visa but subclass 189 – Independent Skilled Visa.

I know that Subclass 189 is a PR visa and won’t require you to beg your relative or to do a constant monitoring of the states. But do you know that Independent Skilled Visa Subclass 189 is the last in the priority in the processing ranking of the immigration for skilled migration?   Unless your occupation is in the Priority Migration OR Critical Occupation List- it is unlikely that you will get invited. If this is your only preference because you do not wat to live, or work and stay in the designated / regional area – well I think you will wait for the longest time.  MEANWHILE, those who selected Subclass 491 have already been invited and granted a visa and are on their way to completing their three years of working (with 53,900scalarly / year or more) in the regional areas. So in a few years – they will be ready to jump to permanent visa; Subclass 491 state regional and family sponsored received higher number of invitations than Subclass 189; On the other hand, Subclass 190 is also prioritised over an independent skilled visa.

Yes, Subclass 189 is the best VISA …. BUT

Yes, We know that Subclass 189 is a straight PR and has more flexibility and freedom because you can work anywhere in Australia BUT if you have not been invited for more than a year, I think  you will need to really think it through. In short, Subclass 189 – skilled Independent Visa may be an overreach for you and you have try to open your options to other visas.  You may not be the best fit for Subclass 189

There is nothing wrong with  indicating or choosing 491, 190, and 189 all at the same time  because you will be invited for Subclass 491 in the first instance because you will generally have a higher EOI points score for this visa. You will not be invited if you are not the highest ranked candidate in the stream you nominated to apply. So, if you only selected Subclass 189, and you are not the highest ranked candidate– then your EOI will probably sit in the system for a longer time.

The second reason is that you lodged an EOI to a state that you are NOT eligible or NO LONGER ELIGIBLE.  What happens here is that you passed the points test and met all the requirements of the Department of Home Affairs BUT failed to meet the special requirement for a state nomination.  For example, you are a cook or a Chef who elected NSW as the nominating state for Subclass 190 a year ago. You live and work in Queensland while waiting for a nomination from NSW. However, as you can see now,    

NSW’ special requirement states that

“You must EITHER be residing in NSW, or offshore, for at least six months, OR be residing AND employed in your nominated occupation in NSW, or offshore, for at least one month.

You are not eligible for NSW nomination if you are currently residing in a different Australian state or territory.”

So, if you waiting in Queensland because you were told two years ago that it was okay – you better check again. You might be waiting for nothing.  

This is the reason why I always reiterate how important it is to consult a registered migration agent specialising in the skilled migration, and why it is important that you as an applicant also know the process.  That way, you can collaborate and help one another towards a common goal.  Remember, immigration laws and procedures change from time to time, no one can hold the future for you but you can avoid mistakes by being updated, and by paying a professional to listen and advise you.

The third reason why you do not receive an invite is because you lodged an EOI with the Department of Home Affairs Skillselect but did not submit an EOI for state nomination in the relevant state. To make it worst – you have also selected ‘ANY’ in your EOI.  The State nomination process is overly complex and time consuming. To understand the requirements, processing, and timing of state nomination requires knowledge and experience.  Unless you can understand and follow the changes in the commonwealth laws and state direction –  I suggest that you leave the job to the professionals (the migration agents and / or lawyers).  They have the most updated knowledge about this and can make the whole process stress free.

Selecting ANY STATE” in your EOI is not the best move.  I know – you want to broaden your chance of getting invited but can you honestly convince a state of your commitment if you are undecided where to go? While you think that multiple EOIs will broaden your chance of you getting invited, it may only do the opposite.  Answering ‘ANY” state maybe weak as compared to those who only put ONE state. Each state assesses the genuineness and sincerity of each applicant to live, work and stay in the nominating state.  Each state looks at how committed you are to know and understand your state. In short, states want someone who knows the condition within the state, could settle easily and will likely stay for a long period of time. In fact, almost all states now include the residency as part of their special requirement add they do ask how you can you contribute to the state.

I've discussed the three reasons why you are not invited to SC 491, 189 and 190 today, but if you want me to look at your own personal EOI, send me an e-mail or book for a consultation. I will be happy to check your lodged EOI and see if it is still good!  E-mail me at admin@auspacvisa.com.au

 

MY TIPS

I have 4 tips for you:

My TIP # 1 -Open your options to Subclass 491 and 190, not just SC 189. If you are qualified for Subclass 189,you are likely qualified for Subclass 491 and 190.  So open that option.

TIP #2 - Continue to improve your scores, do not just settle for 65. The rule of the game is the higher the score is – the better chance of getting invited!

Tip #3 - If you lodged an EOI -Check it and see if you have done it correctly, check if the state eligibility and special requirements are still the same as when the time you lodged;

TIP #4 - Take a step to corrector fix the issue.  Do not waste your time blaming others or the government.  Always consult a registered migration agent to give you a proper advice or direction.

 

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See you next time!

written by
Teresa Cardona
Lawyer and Registered Migration Agent 0640100| auspacvisa.com.au