Detail Question Of The Week



Partner Visa or sc 190 Visa - what is better?

Category:Visa for Australia

Question asked

I have been working in Australia since May of of 2016, and I was initially on my ex-husbands 457 visa as a partner. I am a citizen of the United States and was born there.

Upon separation, I was approved for my own 457 Visa through XXX Corporation Australia with the occupation code ICT Sales Representative - 22513 on the 10th of January 2017.

My 457 Visa was transferred to a new sponsor on the 23rd of March 2017, and I have been working with that same sponsor (YYY Pty Ltd) since then (nearly 2 years).

I have also been with my new partner, who is an Australian citizen for 2 years now. At this point, I am wanting to apply for a PR. My partner wants to sponsor me on a partner visa (I've already filled out the application and had witnesses complete the 888 forms); however I am not sure if the partner or the skilled 190 visa would be the best option.

Are you able to provide some guidance on:
- Which visa option is the cheapest
- Which visa option is the most time consuming/painful in proving I'm a good candidate for PR
- Which visa option has the quickest turnaround time

Thank you.
A.

Answer provided by our agents

Hi A.,

Thank you for your email.

To answer each of your question:-

- sc 186 Temporary Resident Transaction Stream (TRT) would be cheaper than the Partner visa option in terms of visa application charges.
- the 186 TRT would be easier as compared to the Partner Visa provided you meet the requirements for the visa grant.
- the turnaround depends on how well supported the application is. By my experience both of them would take approximately the same time.


Thank you for using Ask an Agent. If you need further services from myself, please contact Amy at amy.jacobson@ask-an-Agent.com.au or visit https://www.ask-an-Agent.com.au/visa-quote - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.

------------- Clarification Request -------------------

Hi Agent,

To clarify, I am already on a temporary 457 visa. I was asking for these questions to be answered in reference to the skilled 190 (permanent) visa and the partner (permanent) visa, or another permanent visa.

------------- Clarification Answer-----------------------

Hi A.,

Just to clarify the various visas that you have mentioned.

Since you have been granted the 457 visa on 10th january 2017 you qualify for the grandfathering arrangement and can apply for PR under 186 TRTS provided the present sponsor is willing to nominate you for PR. This is the easiest and the best option and I would recommend you for the same as long as you meet the legislative requirements.

The second option which I would recommend is the partner visa option. This is second as it is more expensive than the 186 TRTS and also you will initially get a temporarry visa (subclass 820) and after two years qualify for Subclass 801 visa. In case you can prove your relationship of two years at the time of application you may get the Subclass 801 visa directly. While you are on the Subclass 820 visa there is always the threat of the relationship breaking down and the sponsor withdrawing the sponsorship and then you may not qualify for PR under subclass 801 visa.

The third option as mentioned by you is the Subclass 190 visa. Your occupation is on the STSOL and hence you would need to apply for state nomination in case you wish to apply for this visa. The process for this visa is that if you meet the minimum requirement of 65 points you will need to put in an EOI and apply to the state for nomination (depending on which state has this occupation on its list and what process each state lays down). In case you do not get an invitation to apply fr a visa within two years then your EOI will expire and will be stuck off from the Departments database. So there is no certainity in this process and I would therefore recommend this as the last option for you since you have two other strong options.

To summarise I would recommend the follwoing options - 186 TRTS, 820/801 and last is 190.

I hope I have answered your question.

Please feel free to write to me if you need any more clarifications.

Migration Agent