VIC Subclass 190 Visa Granted for De Facto Couple — Electrical Engineer and Self-Employed Graphic Designer

Visa TypeSubclass 190

CategorySkilled Migration

Case Summary

A de facto couple — an Electrical Engineer and a self-employed Graphic Designer — overcame complex occupational, self-employment, and legal misrepresentation risks by using the Graphic Designer as the primary applicant for a VIC Subclass 190 nomination, securing permanent residency for both.

Background

This case involved a de facto couple: an Electrical Engineer whose post-graduation job was unrelated to his nominated occupation (preventing him from claiming work experience points), and a self-employed Graphic Designer whose occupation was not competitive on the 189 visa list but appeared on VIC's 190 skilled occupation list. A previous agent had suggested temporarily omitting the partner from the application to gain individual points — a high-risk approach constituting misrepresentation. Additionally, the Graphic Designer's self-employment made his skills assessment more complex.

Challenges

Electrical Engineer could not claim work experience points as his current role was unrelated to his nominated occupation, weakening his solo application
A previous agent had advised omitting the de facto partner to gain extra points — a misrepresentation strategy exposing both applicants to PIC 4020 and a three-year exclusion
Graphic Designer's self-employment required a non-standard skills assessment approach that needed to be carefully constructed

How We Helped

We immediately clarified that omitting a de facto partner to gain points constitutes misrepresentation and refused the high-risk strategy. We identified that Graphic Designer was on VIC's 190 list and that a self-employed skills assessment was viable. We restructured the approach so the Graphic Designer became the primary applicant, with the Electrical Engineer included as secondary — legally claiming partner points. We secured positive skills assessments for both applicants, preparing meticulous self-employment evidence for the Graphic Designer including client contracts, invoices, ABN registration, and work samples. We monitored VIC nomination round timing to lodge at the ideal moment.

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Key Success Factors

Ethical restructuring: switching to the Graphic Designer as primary applicant, legally claiming partner points and eliminating misrepresentation risk
Comprehensive self-employment skills assessment evidence for the Graphic Designer, meeting the assessing authority's requirements despite non-traditional employment
Strategic Victoria nomination with both applicants correctly profiled and included

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Outcome

The Victoria Subclass 190 visa was granted with no request for further information. Both members of the couple obtained permanent residency using a fully compliant strategy that had been restructured away from the previously proposed misrepresentation approach.

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