Are you planning to apply for the Skilled Nominated Visa (subclass 190) in Australia? It’s a great visa option for skilled workers wanting to live and work in Australia permanently. However, what if your application is refused? The possibility of a visa refusal is frustrating and disheartening, but it’s important to understand why refusals happen. Knowing the common reasons for refusals can help you avoid potential pitfalls and ensure that your application is as strong and complete as possible the next time around.
In this blog, we’ll explore the most frequent reasons why the 190 visa is refused and provide you with actionable insights on how to overcome these challenges.
Understanding the Skilled Nominated Visa (Subclass 190)
Before we dive into the refusal reasons, let’s first understand what the 190 visa is and the benefits it provides.
What is the Skilled Nominated Visa (subclass 190)?
This is a permanent residency visa for skilled workers nominated by a state or territory government in Australia. This visa allows you to live and work in Australia on a permanent basis, contributing to the country’s economy and filling critical skill shortages in various industries.
Benefits of the 190 Visa
- Stay in Australia permanently: The 190 visa grants you permanent residency, allowing you to settle in Australia for good.
- Work and study in Australia: You’ll have the freedom to work in your nominated occupation and further your education in Australia.
- Enroll in Australia’s public healthcare scheme, Medicare: As a permanent resident, you’ll have access to Medicare, Australia’s public health care system, which provides affordable medical services.
- Sponsor your relatives to come to Australia: You get to sponsor eligible family members to join you in Australia, helping you stay connected with your loved ones.
- Travel to and from Australia for 5 years: The visa allows you to come and go as you please within the first five years.
- Apply for Australian citizenship: After living in Australia for a certain period, you may be eligible to apply for Australian citizenship.
The 190 visa offers significant benefits that make it an attractive option for skilled workers. However, despite its advantages, some applicants face refusals due to various reasons. Let’s look at the common refusal reasons for the 190 visa so you can avoid them in your application.
Common Refusal Reasons for 190 Visa
Understanding why your 190 visa application may be refused is essential to ensure you don’t make the same mistakes in the future. Here are some of the most common refusal reasons.
1. Inaccurate or Incomplete Information
One of the most common reasons for a refusal is submitting inaccurate or incomplete information. This could range from simple errors like spelling mistakes in your personal details to failing to include supporting documents. It’s crucial to ensure that your application is complete, and every document is accurate and up to date.
2. Failure to Meet Health and Character Requirements
Australia requires all applicants to meet specific health and character standards. If you or any family members applying with you have unresolved health issues or criminal convictions, your visa could be refused. Make sure you undergo the necessary health checks and obtain police clearance certificates well in advance.
3. Failure to Meet Invitation and Occupation Requirements
The 190 visa is based on specific skills that are in demand in Australia. You must be nominated for a particular occupation listed in the Skilled Occupation List. If your occupation isn’t on the list or doesn’t meet the state’s or territory’s requirements, your application may not be successful. Additionally, you must receive an invitation to apply for the visa, and failing to meet the invitation requirements could result in a refusal.
4. Financial Instability
If the Department of Home Affairs isn’t satisfied with your financial situation, you might face a refusal. Applicants must demonstrate financial stability, ensuring they can support themselves and their family without relying on government assistance. Providing clear evidence of your financial situation through bank statements, tax returns, and sponsorship letters can help avoid this issue.
5. Failure to Score 65 Points or More
The 190 visa uses a points-based system, where you need to score at least 65 points to qualify. Points are awarded based on factors like age, education, work experience, and English language proficiency. If you don’t meet the minimum points requirement, your visa application will be refused. Review your points thoroughly and ensure you have enough to meet the requirements.
6. Not Having Competent English
Proficiency in English is essential for the 190 visa. If you fail to demonstrate a competent level of English (usually a minimum of IELTS 6 or equivalent), your application may be refused. It’s important to take the required English tests in advance and achieve the necessary scores to meet the visa criteria.
7. Failure to Meet the Skills Requirement
To apply for the 190 visa, you need to have skills in an occupation listed on Australia’s Skilled Occupation List. You will need to provide evidence of your qualifications and experience to demonstrate that you meet the skills requirement. If you do not meet the criteria for your nominated occupation, your application could be rejected.
8. Unpaid Debts to the Australian Government
If you have any outstanding debts to the Australian government, such as unpaid taxes or other financial obligations, your visa application might be refused. Ensure that all your financial commitments to the government are settled before applying.
9. Previous Visa Cancellations or Refusals
If you have had a visa cancelled or a previous application refused, it could impact your chances of success. This is especially true if the previous issues involved overstaying your visa or breaching visa conditions. Be ready to explain the circumstances surrounding any prior visa issues.
As you can see, there are several factors that can lead to the refusal of your 190 visa application. By understanding these common reasons, you can take the necessary steps to ensure your application is complete, accurate, and meets all the requirements. But what if your visa is refused? Can you reapply or appeal the decision? Let’s explore your options.
Can You Reapply or Appeal the Decision?
If your 190 visa application is refused, don’t lose hope. There are still options available to you, including reapplying or appealing the decision. Let’s look at what you can do next.
1. Reapplying After a Refusal
In most cases, you can reapply for the 190 visa, provided that you address the reasons for the refusal. If your application was rejected due to incomplete information or failure to meet the points requirement, you can fix these issues and submit a new application. Be sure to carefully review the refusal notice, make the necessary changes, and ensure your new application is complete and accurate.
2. Review and Appeal Options for Rejected Visas
If your application was refused for more complex reasons, such as health issues or character concerns, you may have the option to request a review or appeal the decision. You can ask the Department of Home Affairs to reassess your case, or you can lodge an appeal with the Administrative Appeals Tribunal (AAT).
- Request for Review: If your visa was refused for medical reasons, you can request a review to have your case reconsidered. The Department of Home Affairs will reassess your application based on new information or circumstances.
- Lodging an Appeal: If the review doesn’t result in a positive outcome, you can lodge an appeal with the ART. The ART can reconsider the refusal decision, and you may need to submit additional evidence, such as medical reports, personal circumstances, or proof of your commitment to meet the visa requirements.
3. Consulting a Migration Agent
Understanding the review and appeal process can be complicated, especially when dealing with medical or character rejections. This is where Knowbal can help. Our experienced migration agents can guide you through the entire process, ensuring you have the necessary documentation and helping you present your case effectively.
Although a refusal can be disheartening, you do have options for challenging the decision. Whether you reapply or appeal the refusal, getting expert’s help can make a huge difference in the outcome.
Final Thoughts
Understanding the common reasons for 190 visa refusal and knowing what to do if your application is rejected is essential for success. By being proactive and addressing the refusal reasons, you can increase your chances of a successful outcome, whether you choose to reapply or appeal the decision.
If you’ve had your visa application refused or are unsure about the next steps, don’t hesitate to reach out to Knowbal. Our expert team can guide you through the process, assist with your appeal, or help you submit a strong reapplication. Contact us today and take the next step towards your Australian dream!
