In short: Choose the order of decisions, not the visa. Occupation and skills assessment come first, points second, then the flexibility you can offer a state or region. The 189 costs $6,135 and the 190 and 491 cost $6,140, so price will not choose for you.
Dario is a software engineer in Melbourne on a temporary visa. He has a positive skills assessment, a points score above the 65 pass mark, and a product he wants to build through his own company. His question to us was which skilled visa to pick. Our first question back was which comes first, the company or the nomination. A state nomination asks for a commitment about where he lives. A company structure asks who owns what and who employs him. This note sets out the decision order we use, and where a founder's questions belong in it.
The four doors
| Door | What it is | Who holds the lever |
|---|---|---|
| 189 Skilled Independent | Permanent, live anywhere | Home Affairs, through ranking in SkillSelect |
| 190 Skilled Nominated | Permanent, nominated by a state or territory for 5 points | The state |
| 491 Skilled Work Regional | Five-year provisional visa, 15 points for nomination, leads to the 191 | The state, or an eligible relative in a regional area |
| Employer sponsored | A 482 at $4,015, then a permanent nomination | The employer |
Every door except the last uses the same points test and the same expression of interest. The differences are who invites you and what you promise afterwards. We compare the three points-tested visas line by line in 189, 190 and 491 compared.
Step one: fix the occupation
An occupation is not a job title. It is a classification code with a list of duties and an assessing authority. We match the duties actually performed against the code, then check which visas that code supports. A code that appears only on a state list rules out the 189 before any points are counted. The skills assessment is ordered before the expression of interest is drafted, not after an invitation arrives.
Step two: count the points honestly
The pass mark is 65. The pass mark is not the invitation mark. Rounds invite the highest ranked candidates in each occupation, and the score needed moves from round to round and occupation to occupation. We do not quote cut-offs from earlier rounds as if they were current. Nomination adds 5 points for the 190 and 15 for the 491, which is often the whole difference.
Step three: price your flexibility
How far will you move for the visa?
Where the founder's question sits
Dario's company question belongs at step three, not at the end. A 491 holder must live and work in a designated regional area, and a founder's company has to be based there too. A 190 holder is expected to settle in the nominating state, so an interstate registered office looks odd on a nomination file. Neither visa stops a holder from owning a company. What they shape is where the company operates and who it employs. We set out the structural choices in business structures for founder visa holders. Our commercial practice drafts the constitution and shareholder terms once the visa route is fixed.
The sequence on a calendar
- FirstOccupation matched to a code and an assessing authority. Skills assessment ordered.
- SecondEnglish test booked if a higher band adds points. Employment references collected in the form the authority accepts.
- ThirdPoints counted and the expression of interest lodged in SkillSelect for every visa the code supports.
- FourthState registrations lodged where the occupation is open. Company structure decided if a business is part of the plan.
- FifthInvitation received. Sixty days to lodge the application with every claimed point evidenced.
What each door costs
The 189 charges $6,135 for the main applicant, with $3,070 for a partner and $1,540 for each child. The 190 and 491 charge $6,140, with $3,070 and $1,535 for partners and children. A 491 holder later pays $630 for the 191. Employer sponsorship starts with a 482 at $4,015, with the employer's own charges on top. None of those figures should choose the visa. Our migration practice runs this sequence at the first consultation.
What if my occupation fits two codes?
Pick the code the assessing authority will support on the duties you can evidence, not the one with the better list access. An assessment in a code that does not match your work is the commonest reason a skilled file fails.
Frequently asked questions
Can I run a business on a 491 visa?
Yes. The visa conditions require you to live, work and study in a designated regional area, and a business based there satisfies the work element. Declared income from it can count toward the 191 if it meets the requirement.
Should I lodge one expression of interest or several?
One expression of interest can nominate several visas. Lodge the 189, 190 and 491 together where the occupation supports them, then register separately with each state you would accept. Keep every entry consistent, because states cross-check against SkillSelect.
Does a state nomination stop me moving later?
The 190 carries no visa condition on location. The nomination rests on a commitment to live in the state, and states expect it to be honoured. The 491 carries a condition to stay regional. Treat both as binding.
Is employer sponsorship a faster route than a points visa?
It removes the wait for an invitation, because the employer nominates you rather than a ranking round. It ties you to that employer while the 482 runs. Whether it is quicker overall depends on the file, and we do not quote processing times.
Which door should a founder with capital look at?
The points-tested doors do not test capital. A founder with a strong occupation and points still uses the 189, 190 or 491. The company is then built inside the conditions of the visa chosen. Structure the company after the route is fixed, not before.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
General information as at 2 September 2026. Not legal advice. Speak to us about your own circumstances before acting on it.