Can I Apply for a 189 Visa While My 190 or 491 Visa is Under Processing?

Applying for Australian skilled migration visas can be a complex process, especially when you are considering multiple visa options at the same time. One common question among applicants is whether it is possible to apply for a 189 visa while their 190 or 491 visa application is still being processed. This post will clarify the rules, practical considerations, and potential strategies for managing these applications simultaneously.

Understanding the 189, 190 and 491 Visas

Before exploring whether you can apply for both visas at once, it helps to understand what each visa offers.

• 189 Visa: This is a permanent skilled independent visa that allows you to live and work anywhere in Australia without needing sponsorship from an employer or state government. It is points-based and does not require nomination.

  
  

• 190 Visa: This is a skilled work regional visa that requires nomination by a state or territory government or sponsorship by an eligible family member living in a designated regional area. It is permanent residency and is points-based but requires nomination.

  
  

• 491 Visa: This is a provisional skilled work regional visa that requires nomination by a state or territory government or sponsorship by an eligible family member living in a designated regional area. It allows you to live and work in regional Australia for up to five years, with a pathway to permanent residency.

  
  

These visas target skilled workers but have different eligibility criteria and conditions.

Can You Apply for a 189 Visa While Your 190 or 491 Visa is Processing?

The short answer is yes, you can submit an application for a 189 visa while your 190 or 491 visa application is still being processed. There is no rule preventing you from applying for multiple visas at the same time.

However, there are important points to consider:

• Separate applications: Each visa application is treated independently. Applying for a 189 visa does not cancel or affect your 190 or 491 visa application.

  
  

• Costs and effort: Each application requires fees, documentation, and time. Applying for both visas simultaneously means doubling your investment in the process.

  
  

• Processing times: The 189 visa generally has a longer processing time compared to the 190 or 491 visa. This means you might receive a decision on the 190 or 491 visa first, but this keeps changing.

  
  

• Visa grant conditions: If you receive a grant for one visa, you may need to withdraw the other application or it may be refused or override the other automatically.

  
  

Why Consider Applying for Both Visas?

There are several reasons why applicants might want to apply for both the 189 and 491 visas at the same time:

• Maximize chances of success: The 189 visa is highly competitive due to its independence from state nomination. Applying for both visas increases your chances of obtaining a skilled visa.

  
  

• Flexibility in location: The 189 visa allows living anywhere in Australia, while the 190 or 491 visa requires living in regional areas. Applying for both keeps your options open.

  
  

• Timing: If your 190 or 491 visa application is delayed or refused, having a 189 visa application in progress can reduce overall waiting time.

  
  

Important Considerations When Applying for Both Visas

Points Test and Eligibility

Both visas require meeting the points test, but the 189 visa usually demands a higher score due to its competitive nature. Ensure you meet the eligibility criteria for both visas before applying.

State Nomination for 190 or 491 Visa

Since the 190 and 491 visa requires nomination or sponsorship, you must secure this before applying. The 189 visa does not require this step.

Impact on Visa Outcome

If you receive a grant for the 189 visa while your 190 or 491 visa is still processing, you should notify the Department of Home Affairs and consider withdrawing the 190/ 491 visa application to avoid confusion or refusal.

Bridging Visas

If you apply for a 189 visa while on a bridging visa from your 190 or 491 application, your bridging visa conditions will continue until a decision is made on the new application.

Practical Example

Consider Sarah, a software engineer living outside Australia. She has submitted a 491 visa application after receiving state nomination from Tasmania. While waiting, she decides to apply for a 189 visa because she scored 85 points on the skilled migration points test, which makes her eligible.

Sarah submits her 189 visa application online. Both applications proceed independently. After 8 months, she receives an invitation to apply for the 189 visa and later gets it granted. She then withdraws her 491 visa application.

This approach allowed Sarah to keep her options open and secure permanent residency faster.

Tips for Managing Multiple Visa Applications

• Keep documentation organized: Each visa application requires specific documents. Maintain clear records to avoid confusion.

  
  

• Monitor processing times: Check estimated processing times regularly on the Department of Home Affairs website.

  
  

• Seek professional advice: Migration agents or lawyers can help you understand the best strategy based on your circumstances.

  
  

• Notify the Department: If your situation changes, such as receiving a visa grant, inform the Department promptly.

  
  
  
  

Summary

Applying for a 189 visa while your 190 or 491 visa is still in process is allowed and can be a smart strategy to improve your chances of migrating to Australia. Both applications are independent, but managing them requires careful planning, understanding eligibility, and being prepared for additional costs and documentation.

Unsure where you stand? 

We're here to provide clarity.

At Leading Edge Migration, we don't just process paperwork—we offer a strategic review of your current visa status. We will:

• Assess your exact situation and address any uncertainties you may have.

• Provide tailored, strategic advice to help you explore and pursue your best options.

Let us help you confidently navigate your migration path.

Schedule your consultation to have all your questions answered.

Disclaimer: This blog provides general information only and does not constitute legal advice. It's crucial to consult with a registered migration agent for personalised guidance based on your specific circumstances