Applying for a 190 QLD in wifes name when she is a dependant on my QLD 491 application

[skyeman]

Hey Folks,

I have a query, please, regarding submitting an expression of interest for a QLD 190.

I applied for a QLD 491 2.5 years ago with 95 points, which is yet to be processed, and my wife was listed as a dependant. We have now decided we want the security of Permanent Residency for our family as it is a huge move, and we would like to apply for a 190. My Wife has just completed her skills assessment as a secondary school maths teacher & passed her English Exam with full marks. She has also registered with the Queensland College of Teachers and is registered to teach in QLD. Can she apply for a 190 as the main applicant even though she is listed as a dependant on my submitted 491? Her points are 90 for the 190 QLD.

 

The wording below from the migration QLD website doesn’t answer my question with certainty, as my wife hasn’t actually applied for a skilled regional (provisional) visa (subclass 491). As she is dependent on my application, does she qualify technically as having NOT applied for a 491? 

 Note: If you are a current holder of a Skilled Work Regional (Provisional) visa (subclass 491) or have applied for a Skilled Work Regional (Provisional) visa (subclass 491), you will not be eligible for nomination for the Skilled Nominated (Permanent) visa (subclass 190). This restriction also applies to the Skilled Regional (Provisional) visa (subclass 489). 

I would rather not withdraw my 491 application if possible. In the ideal world, we could submit the 190 in my wife's name and then if my 491 is granted soon, then we go over on my 491, and then once hers is processed, her 190 would supersede our 491? I guess what QLD are trying to avoid is wasting one their allocations/quotas on someone who has already applied for a 491 with them? 

I was more than happy with the 491, and still will be when it's eventually granted. However, 2.5 years have passed, things have changed a little, and given the housing crisis in QLD we would like to buy a property as soon as we land. It's an absolute fortune in extra fee's to buy on the 491.

Does anyone have any idea if they will accept an EOI from my wife for a 190 or if they will class her as having applied for a 491? She was a dependant, I did not claim any partner skill points.

Kind Regards, 

James 

[Cobs_Ahoy]

Hi James,

I can’t help with QLDs specifications, but if your 491 is granted you can’t then apply for most other visas, including 190. So if you lodged a 190 application and then your 491 was granted, your 190 application would be cancelled (and I don’t *think* you would get a refund on the 190 fee).

Conversely, if your 190 was granted first but you didn’t with draw your 491 application, if that then got granted it would override your 491 visa and you would go from permanent residency to provisional residency!
 

I feel for you, 2.5 years is a horrible amount of time to be in limbo.

[Ausvisitor]

What cobs_ahoy wrote seems true, if you are going to double up on applications I would get some professional advice before going down that route as it seems like a way to spend plenty of cash and end up with the wrong result if you aren't careful.

My only disagreement with cobs description is the 2.5 years in limbo. 

It isn't 2.5 years in limbo, it's 2.5 years waiting for a decision, now like any other decision in life you should never put things on hold waiting for an outcome that may never come, you get on with living your life where you are and if you get a grant then decide what you do with it.

[paulhand]

On 16/08/2022 at 15:10, Ausvisitor said:

I would get some professional advice before going down that route

I agree - there are lots of moving parts to what you have suggested and you need to make sure that things are done properly.