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Am I still eligible for a 188 visa if I am nominated for a 190 visa in Australia?

I was nominated for a 190 visa four months ago. Now I am considering applying for a 188 visa because I was told that this could be a faster route towards Australia. Am I still eligible to apply for a 188 visa if I have already been nominated for a 190 visa?


Answers
  • Quentin Kuo Law + Immigration
    December 28, 2018

    Personally, I would go for both. So, that means you can apply for both. Good luck!

  • Cargil Migration Consulting Ltd
    December 27, 2018

    If you are fortunate to be eligible for more than one visa then you can apply for either of them. In making a decision on the best visa for your circumstances, it shouldn’t just be about the speed of processing. There should be consideration of a range of matters. This can include location, your personal circumstances (spouse/children), financial reasons, business or employment plans, long-term residency matters and more.

  • LC Link Pty Ltd Trading As LC Migration
    December 28, 2018

    The 190 is faster than the 188, as it takes approximately seven to nine months for approval. The 190 is also a permanent visa. The 188 is not. The 188 is a temporary visa. Also, you only have 60 days to apply for a 190 after you gave been nominated, so if you did not take up that opportunity as you were nominated four months ago, then you may have to start again. I would recommend the 190 over 188 if your goal is permanent residency.

  • ANZ Migration
    December 28, 2018

    The invitations for the Subclass 188 and Subclass 190 visas are separate and do not affect each other. This means you can apply for a Subclass 188 nomination without any concern about the Subclass 190 impacting the application. The 190 nomination will already have expired after 60 days and can no longer be used. The information you've been given is incorrect; the Subclass 190 processing time is generally significantly faster (around four to eight months typically) than the Subclass 188 visa (around 12 to 18 months typically), and the 190 is a direct permanent resident visa, whereas the 188 is a temporary resident visa.

  • Regis Legal
    December 29, 2018

    188 visas are specifically for those who either hold business/ investor experience or have an innovative idea to start a business which is funded by prescribed organizations in Australia. 190 is a skilled nominated visa. They both have very different criteria. It is not true that a 188 visa will gain you residency status faster. In fact, the processing time for a 190 visa is much shorter than a 188 visa and it is gives you permanent resident (PR) status straightaway, whereas 188 visas are only temporary visas which are provisional (meaning it is the first of a two-stage pathway toward PR). Whether you qualify for a PR later will depend on you having fulfillled your requirements as a 188 visa holder. Technically, there is nothing to stop you from applying for a 188 visa while applying for a 190 visa at the same time, granted you have met all criteria for both visas. The application process is a complex one and you will need professional guidance on how to carry this out.

  • Australian Visa Options
    December 31, 2018

    Yes, you can still apply for a 188 visa. This is a totally separate process to the 190, although it is still requiring state nomination. However, the 190 visa is a permanent visa, whereas a 188 is a provisional visa and you will still need to apply for an 888 visa to gain permanent residency. The 190 is a faster option, as it is only involves one application and is permanent upon the visa grant.