Ask an Immigration Lawyer - Should I apply for a Partner visa or wait to be invited for a Skilled visa?
As an immigration lawyer, one of the most commonly asked questions I come across during consultations is whether it is worth it for someone with an Australian citizen spouse/ de facto partner to wait to be invited for a Skilled visa (e.g. a Skilled Independent (Subclass 189) visa, Skilled Nominated (Subclass 190) visa or Skilled Work Regional (Subclass 491) visa), or whether they should just “bite the bullet” and apply for a Partner visa.
On its face, applying for a Subclass 189 visa, Subclass 190 visa or even a Subclass 491 visa may seem like the more appealing pathway, and many people assume that applying for a Skilled visa is “faster”, “cheaper” and “more certain” than applying for a Partner visa. Nonetheless, I often find that it is in the best interests of many people to apply for a Partner visa at the earliest opportunity, rather than wait indefinitely for an invitation that is not guaranteed.
Partner visa vs Skilled visa - Which should you apply for?
If you are also considering whether you should now apply for a Partner visa or wait to be invited for a Skilled visa, here are four (4) important considerations I always go through with my clients to help them decide their next steps, so that they can make a full informed decision on their migration pathway:
Is applying for a Skilled visa significantly cheaper than applying for a Partner visa?
Applying for a Partner visa in Australia is undoubtedly expensive, with the base visa application charge for a Partner (Subclass 820/801) visa application or a Partner (Subclass 309/100) visa application currently being AUD9,365. In contrast, the base visa application charge for a Skilled Independent (Subclass 189) visa, Skilled Nominated (Subclass 190) visa or Skilled Work Regional (Provisional) (Subclass 491) visa is presently AUD4,910.
On its face, the Partner visa application charge would appear to be almost double that of a Skilled visa application charge. On the other hand, in addition to the visa application charge payable to the Department of Home Affairs, it is important to note that there are many other associated costs and charges payable to other third party organisations for a Skilled visa, including skills assessment fees, English language test fees, language-credential assessment fees and state/territory nomination fees where applicable.
Skills assessment fees
You must have a positive skills assessment from the relevant skills assessing authority for your nominated occupation, e.g. VETASESS, Engineers Australia, Australian Computer Society (ACS), Trades Recognition Australia, etc, and there are application fees payable to each skills assessing authority for the processing of each application, as well as further review fees where applicable (e.g. where you are appealing against the skills assessing authority’s finding that you are not sufficiently skilled in your nominated occupation).
For instance, VETASSESS currently charges between AUD1,096.00 to AUD1,205.60 (inclusive of GST) for professional occupations, and applicants have the option of paying an additional priority processing fee of between AUD825 to AUD907.50 (inclusive of GST) to expedite a skills assessment application. Applicants who receive a negative outcome in their skills assessment application may pay a further review of assessment outcome fee of AUD340 to AUD1,004.30 (inclusive of GST).
Additionally, the Australian Computer Society (ACS) charges between AUD1,100 to AUD1,498 (plus 10% GST) for a skills assessment depending on the assessment pathway, and a further AUD500 to AUD620 (plus 10% GST) for an appeal. Notwithstanding this, it is not uncommon for ICT professionals to apply for multiple ACS skills assessments in closely related ICT occupations, and pay the relevant skills assessment fee more than once, so as to maximise their chances of being invited to apply for a Skilled visa.
Engineers Australia generally charges between AUD910 to AUD1,276 (plus 10% GST) for the assessment of overseas qualifications and skilled employment, between AUD725 to AUD1,089 (plus 10% GST) for Australian qualifications and skilled employment, between a further AUD9,10 to AUD1,754.50 (plus 10% GST) for a Competency Demonstration Report (CDR), and an additional AUD350 to AUD808.50 (plus 10% GST) to fast-track an assessment.
English language test fees
You must be able to demonstrate at least competent English or more through an approved English language test, and popular English language test providers include IELTS and PTE, which currently charge AUD475 for an English test in Australia. As candidates generally aim to maximise their points through obtaining higher English language test results, many candidates often re-take their English language test and pay this test fee multiple times, in an attempt to achieve Proficient or Superior English language test results.
Additionally, English language test results are generally only valid for a period of three (3) years, which means that it has been more than three (3) years since you undertook your English language test and are still awaiting an invitation for a Skilled visa, you would need to re-take your English language test to maintain your eligibility.
NAATI Credentialed Community Language test
Many applicants seek Community Language Credentials through NAATI, to be awarded an additional 5 points in their Expression of Interest (EOI). NAATI presently charges AUD814 for the CCL Exam, and an additional fee of AUD187 for the review of test results. Candidates also have the option of paying an additional AUD165 for a marked Practice Test.
Professional Year
ICT professionals who undertake an ACS Professional Year in IT can also be awarded an additional 5 points in their Expression of Interest (EOI). Depending on the Professional Year provider, the cost for the ACS Professional Year Program may range from around AUD8,000 to AUD14,000.
State/Territory Nomination Fees
Certain State and Territory Governments charge a nomination application fee for assessing your nomination application or nominating you for a Skilled visa. For instance, South Australia charges AUD381 for a nomination application, and New South Wales charges AUD330 (plus 10% GST) for NSW nomination.
Comparing Partner visa costs to Skilled visa costs
Assuming VETASSESS is the skills assessing authority for your nominated application, you undertake the English language test twice as well as a NAATI Credentialed Community Language test to maximise your points score, and you are not required to pay a nomination fee to the relevant State or Territory Government, total costs leading up to and including the Skilled visa application charge are likely to be around AUD7,879.60.
While this may still be cheaper than the Partner visa application charge of AUD9,365, the difference of around AUD1,485.40 may ultimately be negligible when you consider other factors such as the mental toll of waiting to be invited for a Skilled visa, the time it takes to obtain such an invitation, and most importantly, the possibility that even after spending around AUD7,879.60 to maintain your eligibility, if you are ultimately not invited to apply for a Skilled visa, you may still need to spend that further AUD9,365 to apply for a Partner visa.
Is applying for a Skilled visa faster than applying for a Partner visa?
Many people assume that they will be able to obtain a permanent Skilled visa faster than a permanent Partner visa, and that the faster way to becoming an Australian permanent resident is through a Subclass 189 visa or Subclass 190 visa, as opposed to a Partner visa. So is this true?
Before we do a strict comparison of the current processing times for Skilled visas and Partner visas, and there are number of things to note.
Firstly, a Partner visa application is a combined application for a temporary Partner visa and a permanent Partner visa, such that Partner visa applicants are first assessed for the grant of a temporary Partner visa. Most applicants are only eligible for the grant of a permanent Partner visa two (2) years after lodgement, with the exception of persons who have been in a spousal or de facto relationship with their Partner visa sponsor for at least three (3) years, and/or have dependent children with their Partner visa sponsor. In certain circumstances where there are processing delays, such that the Department takes more than two (2) years to grant someone a temporary Partner visa, it is not uncommon for the Department to also grant them the permanent Partner visa immediately thereafter. This is often referred to as a Partner visa “double grant”.
Secondly, while Partner visa application processing times may sometimes be longer than that of Subclass 189 visa applications and Subclass 190 visa applications, the Department’s processing times are frequently updated, and may vary from time to time, particularly when it comes to Skilled visas, especially since the Subclass 189 visa, Subclass 190 visa and Subclass 491 visa are subject to caps and quotas, both at the national and state or territory level. Aside from the fact that a Skilled visa invitation is not guaranteed and may take a substantial amount of time to come through, even if you are able to lodge a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa application, your application will effectively remain in the queue if the existing Skilled visa cap for the relevant year has been reached, and may only be processed for finalisation in a future financial year where there are still places available in the migration program for your visa to be granted. In contrast, Partner visas are part of the annual migration program’s family stream, and are not capped in the same way as Skilled visas.
Current processing times:
The Department’s current processing times indicate that 50% of Skilled Independent (Subclass 189) visa applications are processed in around 9 months, whereas 90% of Subclass 189 visa applications are finalised in around 10 months. They further indicate that 50% of Skilled Nominated (Subclass 190) visa applications are presently processed in around 17 months, whereas 90% of Subclass 190 visa applications are processed in around 27 months.
On the other hand, Departmental processing times indicate that 50% of Partner (Subclass 820) visa applications are finalised in around 16 months, whereas 90% of Subclass 820 visa applications are processed in around 24 months. The Department’s current processing times further indicate that Partner (Subclass 309) visa applications are proceed in around 14 months, whereas 90% of Subclass 309 visa applications are processed in around 24 months.
Based on the above statistics, it is clear that Subclass 190 visa applications actually presently take longer to be finalised than temporary Partner visas. While it is true that most Partner visa applicants are usually only eligible for the grant of a permanent Partner visa two (2) years after lodgement, it is also important to be aware that the Departmental processing times for Subclass 189 visa, Subclass 190 visa and Subclass 491 visas apply from the date of lodgement, which comes after someone has already been invited to apply for a Skilled visa. Processing times published by the Department of Home Affairs do not take into account the time you may have spent waiting for an invitation, and many persons spend years waiting for a Skilled visa invitation which sometimes never comes.
In circumstances where you can generally enrol in Medicare upon the lodgement of a permanent visa application in Australia, including a Partner visa application, and where you could realistically apply for a Partner visa much sooner than a Skilled visa, the Partner visa may ultimately provide you with a more straightforward and cost-efficient pathway to permanent residency in Australia.
Can you cope with the mental toll of waiting to be invited to apply for a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa?
Beyond the time, money and effort involved in applying for a skills assessment, undertaking English language tests, preparing an Expression of Interest, submitting a Registration of Interest (where applicable) and taking other steps towards maintaining your eligibility to be invited for a Skilled visa, there is often a real human cost and mental toll to waiting for such an invitation.
I have worked as an immigration lawyer for almost 9 years now, and these are the most common stressors and “hidden truths” that affect those waiting for a Skilled visa invitation.
Time and effort
Extensive documentary evidence is required to obtain a positive skills assessment, which is a prerequisite to submitting an Expression of Interest for a Skilled Independent (Subclass 189) visa, Skilled Nominated (Subclass 190) visa and/or Skilled Work Regional (Provisional) (Subclass 491) visa. This includes detailed statements of service from previous and current employers which must follow a specific format and address certain information, proof of remuneration, proof of duties, information about previous employers, etc., to meet the stringent requirements applied by these skills assessing authorities. Gathering all of this documentation can often take weeks, or even months, as it usually necessitates contacting and following up with old employers, as well as digging up old income and/or employment records.
Exclusion of certain work experience
It is not uncommon for certain skills assessing authorities to exclude periods of work experience for certain applicants and nominated occupations, on the basis that these periods of work experience do not meet the skills assessing authority’s definition of “skilled employment”, even where the Department of Home Affairs would otherwise accept it as being “skilled employment” for points test purposes. This can often result in confusion and the underclaiming of points, which may undermine a candidate’s skilled profile, and affect their chances of being invited to apply for a Skilled visa.
Expression of Interest uncertainties
Many candidates who submit an Expression of Interest (EOI) without professional assistance often face concerns and unresolved questions about the accuracy of their EOI, and are unsure about how to best present their skilled profile in their EOI. As an immigration lawyer, I often come across EOIs which contain information that turns out to be inconsistent with an applicant’s documentary evidence, such as differing job titles, employer names, dates of employment, etc.
Additionally, it is not uncommon for many candidates to either underclaim or overclaim points in their EOI due to misunderstanding the migration regulations and the basis on which points can be awarded, which can often lead to them being refused a Skilled visa.
Changing migration laws and regulations
Australia’s migration laws and regulations are constantly evolving, such as changes to skilled occupation lists, changes to age limits and other requirements. In particular, the Australian Government is reportedly currently considering a reform of the points test, which means that your skilled profile may change over time, and possibly even lead to you losing points while you are awaiting a Skilled visa invitation.
Age-related or skilled employment point reductions with the passage of time
Certain candidates may face a reduction in points once they cross certain age thresholds, which can impact their competitiveness with the passage of time.
Similarly, since only skilled employment in the last ten (10) years can be included for points test purposes, you may also face a reduction in points as time goes on, especially if there have been gaps in employment in your nominated occupation or a closely related occupation over the last ten (10) years.
An invitation is not guaranteed
Even after years of preparation, skills assessment applications, English language test results and further studies, there is ultimately no guarantee that you will be invited to apply for a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa. For people who are facing time pressures in Australia, such as where they currently hold a temporary visa in Australia which may soon expire, the mental toll from waiting indefinitely for a Skilled visa invitation which may never come can often feel overwhelming and almost insurmountable. I therefore always encourage my clients who are awaiting an invitation to ensure that they take care of their mental health, and ensure that they have access to all the professional and personal support they may need.
Uncertainty even after receiving a positive skills assessment and/or invitation
It is crucial to be aware that even after being issued a positive skills assessment in your nominated occupation, and where you are invited to apply for nomination by a State or Territory Government, your nomination application may still be refused where the State/Territory Government is not satisfied with your documentary evidence. Likewise, where do receive nomination from a State or Territory Government and are invited to apply for a Subclass 189 visa, Subclass 190 visa or Subclass 491 visa, the Department is not bound to follow the skills assessing authority and/or the State or Territory Government’s opinion.
Even where you have been invited to apply for a Skilled visa, it is open to the Department to request more information and documents from you to substantiate the points you have claimed, and the Department will apply their own separate policy when determining whether you satisfy the laws and regulations for the grant of a Skilled visa.
Impact on personal life and relationships
All of the above stressors can lead to immense fatigue, anxiety, stress, relationship strain and a reduced quality of life, potentially for an extended period of time while you await an invitation for a Skilled visa.
Additionally, as candidates are awarded points based on your relationship status, and will have lesser points where your partner does not have Competent English and is “unskilled”, it is not uncommon for many people to feel compelled to remain “single”, or avoid starting a de facto or married relationship with an “unskilled” partner, for fear of reducing their points. I acknowledge that this point does not generally affect skilled candidates who have an Australian citizen or permanent resident spouse or de facto partner, as they are still able to claim the maximum partner points available. Nonetheless, I find it important to bring this up as such a calculated and “logical” way of living has real life consequences on one’s mental health and connections to others, often at the cost of one’s happiness.
If you find yourself in this position, and have someone you could potentially include as a spouse or de facto partner in another type of visa application, e.g. an employer-sponsored visa, as opposed to staying single for a Skilled visa invitation, I strongly encourage you to explore other immigration options as there may be a better alternative to you putting your life on hold for an invitation that is not guaranteed.
Is applying for a Skilled visa “safer” than applying for a Partner visa?
While Skilled visa applications are often touted as the more “objective” and “fact-based” pathway to a Partner visa application, and are understood by many as the “safer” option, this is not always the case, and may in some ways be more unpredictable than a properly prepared Partner visa application.
In this regard, there are many more moving parts to a Subclass 189 visa application, Subclass 190 visa application and/or Subclass 491 visa application, as compared to a Partner visa application. At all times including in the lead up to even being invited to apply for a Skilled visa, you must be constantly monitoring the accuracy of your Expression of Interest (EOI), Registration of Interest (ROI) (where applicable), validity of your skills assessment and English language test results, as well as the evolving nomination criteria of each State and Territory Government.
The assessment of Skilled visa applications can sometimes also be much more detailed than that of a Partner visa application, such as where the Department finds it necessary to verify one’s claimed skilled employment, including whether it was actually undertaken for at least 20 hours per week and appropriately remunerated, which is a prerequisite to claiming points for skilled employment. Any discrepancies and/or lack of documentary evidence to substantiate such claims may lead to not only processing delays, but also the refusal of one’s visa application.
In particular, I have found that many Skilled visa applicants are unaware that only skilled employment in Australia which was undertaken in compliance with any work conditions on a substantive visa, Bridging visa A or Bridging visa B can be included for points test purposes, such that you cannot claim points for work experience undertaken on a Bridging visa C, or work experience which was in excess of the 48 hour per fortnight work limitation on most Student visas.
Conversely, Partner visa applicants mainly need to demonstrate that they are in a genuine and continuing de facto or married relationship with their Partner visa sponsor, and can focus on providing strong and consistent relationship evidence for the Department’s consideration.
Additionally, in contrast to Partner visa applicants, Subclass 189 visa applicants, Subclass 190 visa applicants and Subclass 491 visa applicants do not have access to health waiver provisions in the Migration Regulations 1994 (Cth). This means that if any such Skilled visa applicant (including secondary applicants such as an accompanying spouse, de facto partner or child) undertake health examinations and are found by a Medical Officer of the Commonwealth to have failed the health requirement, the Subclass 189 visa, Subclass 190 visa or Subclass 491 visa application cannot be granted. Conversely, Partner visa applicants who do not meet the health requirement may request a waiver of the health requirement, which may make the Partner visa pathway somewhat more “forgiving”.
Ultimately, what this means is that if you are in a genuine and committed relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, it may be worth exploring your eligibility for a Partner visa and applying for this at the earliest opportunity, rather than waiting indefinitely for a Skilled visa invitation. Exceptions may apply to persons who are working in a “priority” occupation, e.g. those who are expressing their interest to be invited in a healthcare, social services, education and/or construction occupation, depending on the State/Territory Government from which you are seeking nomination.
In summary, for the majority of persons who may be eligible for Skilled visa invitation or a Partner visa, proceeding with a Partner visa application could mean that:
You pay more known and certain fee;
You avoid additional fees which may snowball as you continue to await a Skilled visa invitation or take further steps to maximise your points test;
You avoid an indefinite and extended period of waiting in limbo for a Skilled visa invitation; and
You get onto a pathway to permanent residency earlier, potentially with a more predictable outcome.
Want to know more?
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia.
For more general information, you can access our Free Visa Guides on Partner visas and Skilled visas in Australia:
Your Guide to Partner Visas in Australia (Part 1)
Your Guide to Partner Visas in Australia (Part 2)
3 things to know for your Partner Visa Interview
Partner Visa Tips & Tricks - How to avoid a Partner Visa Refusal
Partner Visa Refusal - What to do and navigating your next steps
How to apply for a Partner Visa in Australia when you hold a Bridging Visa or are unlawful
Your Complete Guide to Skilled Migration in Australia
Can you claim skilled employment before the “deemed skilled date” on your skills assessment?
Should you wish to discuss your specific eligibility for a Skilled visa or Partner visa in Australia, please do not hesitate to email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message on WhatsApp.
