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Subclass 190 Permanent Residency Granted in Record Time After Incorrect Subclass 189 EOI Information

Visa TypeSubclass 190
CategorySkilled Migration

Case Summary

An applicant who incorrectly declared a positive skills assessment in their EOI and Subclass 189 application was guided through a strategic withdrawal and fresh EOI, resulting in a Subclass 190 permanent residency grant in 24 days.

Background

The applicant had provided incorrect information in their Expression of Interest and Subclass 189 application by declaring they held a positive skills assessment when they had not yet undergone one. A Section 56 request was issued requiring the assessment to be provided. The technical difficulty was that even if the applicant arranged a skills assessment at that point, the Subclass 189 would still be refused — the rules required the assessment to be dated prior to the EOI. A fresh start was the only viable pathway.

Challenges

  • Incorrect declaration of a positive skills assessment in the EOI and Subclass 189 application
  • Skills assessment could not be backdated, making the Subclass 189 application unsalvageable
  • Required a strategic withdrawal and fresh EOI without triggering further issues from the prior incorrect information

How We Helped

We responded to the Section 56 request by candidly explaining to the Department that the applicant had made an honest mistake, having misunderstood that a practicing certificate could substitute for a formal skills assessment. We withdrew the Subclass 189 application while the applicant's existing visa remained valid, avoiding unlawfulness. The applicant then obtained a positive skills assessment and we submitted a fresh EOI targeting a Subclass 190 pathway given the applicant's high points score.

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Key Success Factors

  • Candid and timely Section 56 response framing the error as an honest mistake
  • Strategic withdrawal of the Subclass 189 application before visa expiry to avoid unlawfulness
  • Fresh EOI for Subclass 190 as an alternative pathway, leveraging the applicant's high points score
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Outcome

After submitting the fresh EOI, the applicant received an invitation from NSW within 12 days. NSW nomination was approved in under 3 weeks. The Subclass 190 permanent residency visa was granted 24 days after lodgement, with no further requests relating to the prior incorrect information.

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