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Subclass 189 Visa Granted After Strategic Pivot from Failed Partner Visa

Visa TypeSubclass 189
CategorySkilled Migration

Case Summary

An architecture graduate holding a Bridging Visa A following a partner visa refusal caused by her previous agent's negligence pivoted to skilled migration, achieved superior English results, and was granted a Subclass 189 visa within two months of lodgement.

Background

The applicant had lodged a partner visa in Australia, but the application was refused due to professional negligence by her previous migration agent. The case entered the AAT appeals process, where she had already waited a year for a hearing. During this period, the relationship began to break down under the pressures of daily life. While holding a Bridging Visa A, she sought fresh advice on her options.

Challenges

  • Partner visa refusal and ongoing AAT appeal meant significant uncertainty about her lawful status in Australia
  • The relationship breakdown rendered the partner visa pathway unviable, requiring an entirely different strategy
  • Initial EOI points were not competitive, requiring targeted improvements before an invitation could be expected
  • Limited state nomination quotas and policy uncertainty in the previous financial year added unpredictability to timing

How We Helped

We conducted a comprehensive assessment and identified a skilled migration pathway based on her near-completed Master's degree in Architecture and strong English foundation. We advised her to sit an English test immediately to maximise her points — she achieved a PTE score equivalent to IELTS 4×8 (superior English) after three months of preparation, adding substantial points. We recommended she concurrently seek professional employment, which she proactively secured before graduation. We lodged an EOI on her behalf. Despite a delay due to limited state nomination quotas, she continued building her work experience and secured a full-time contract while still on her bridging visa.

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Key Success Factors

  • Rapid identification of a viable skilled migration pathway after the partner visa became unviable
  • Superior English result (PTE equivalent to IELTS 4×8) achieved within three months, substantially boosting the points score
  • Proactive securing of relevant architectural employment before graduation, accumulating points and strengthening the EOI
  • Patience and persistence through a period of limited invitation rounds, maintaining compliance throughout
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Outcome

Just before the end of the 2024 financial year, an invitation round for the Subclass 189 was released. With a total of 75 points, the applicant received invitations for both the Subclass 189 and 190. She opted for the Subclass 189. The decision-ready application was lodged and granted in under two months with no request for further information, completing her journey to Australian permanent residency.

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