VIC 190 Visa for Electrical Engineer & Graphic Designer
Case Summary
Background:
This case involved a de facto couple: Mr. Yao (Electrical Engineer) and Mr. Chen (Graphic Designer). Both held Australian master’s degrees but faced complex immigration planning challenges. The core difficulties were: 1. Mr. Yao’s post-graduation job was unrelated to his nominated occupation, preventing him from claiming work experience points, and applying as a single applicant seemed easier for invitation; 2. Mr. Chen’s occupation was not competitive on the 189 visa list; 3. If Mr. Yao applied as single and sponsored his partner later, the genuineness of their relationship could be questioned by the Department, posing a significant legal risk; 4. Mr. Chen was self-employed, making the skills assessment of his work experience more complex.
Taking Over the Case:
Upon taking over, we rejected the high-risk strategy of temporarily ‘omitting’ the partner for extra points and devised a detailed, compliant strategy:
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Risk Mitigation & Strategic Positioning: We clearly advised that omitting a de facto partner to gain points constitutes misrepresentation, which, if discovered, triggers Public Interest Criterion 4020, potentially leading to refusal and a three-year exclusion period. We insisted all applications must be based on complete and truthful information.
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Dual Skills Assessments & State Nomination Strategy: We secured a positive skills assessment for Mr. Yao as an Electrical Engineer to enhance his profile. Crucially, we identified that Mr. Chen’s occupation (Graphic Designer) was on the VIC 190 skilled occupation list and that a self-employed skills assessment was viable. We decided to lodge the application with Mr. Chen as the primary applicant and Mr. Yao as the secondary, applying for a VIC 190 visa together. This strategy allowed them to claim partner points legally and safely.
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Addressing the Self-Employment Challenge: We meticulously guided Mr. Chen in compiling comprehensive evidence for his freelance business, including business registration, project contracts, bank statements, tax records, and client testimonials to build a verifiable evidence trail. This meticulous preparation resulted in his skills assessment being approved in just 3 days without any requests for further information.
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Proving Relationship Genuineness: We assisted the couple in gathering and organising a wide range of evidence to prove the genuineness and continuity of their de facto relationship (e.g., joint accounts, rental agreements, social statements) to meet the requirements for the secondary applicant sponsorship.
Successful Outcome:
Our compliant strategy and precise preparation led to complete success. In October 2022, Mr. Chen, as the primary applicant, successfully received an invitation for Victorian State Nomination for the subclass 190 visa. We lodged the visa application promptly. Without any request for further information, both clients’ 190 permanent visas were granted on December 16, 2022. The processing time from lodgement to grant was approximately one and a half months.
Successfully navigating the complexities of a self-employed skills assessment and a same-sex de facto relationship. Through precise strategic planning, we selected the safest and most efficient compliant pathway, completely avoiding the severe legal risks associated with misrepresentation, and ultimately securing permanent residency for both clients simultaneously.
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All case studies shared in this website are based on real client matters handled by HECT Migration & Appeal Experts. To protect the privacy of our clients, all identifying details such as names, locations, occupations and personal circumstances have been altered or omitted. Only core legal and strategic aspects relevant to the visa outcome are presented. These case studies are provided for general information purposes only and should not be interpreted as individual advice. Please do not attempt to identify or compare yourself with any case discussed.
