Australia Wide Requirements
Whatever state you are seeking a nomination in, it is required that you are eligible once a nomination is received and meet eligibility requirements for the 190 or 491 visa. You can check your basic eligibility requirements for free through our website’s free general skilled migration checker.
One of the most challenging steps of the General Skilled Migration process is having a state nomination. This is because receiving a state nomination is a competitive process, rather than a wholly individual requirement. Therefore, you may consider engaging or consulting with an immigration lawyer or migration consultant at this stage to help you maximise your prospects of receiving a state nomination if you meet the other criteria. This can be done through advice on which state is best to apply for, what areas are in demand, and how to maximise your points. Other questions you have can also be answered by our immigration lawyer or consultant.
New South Wales (NSW)
For a NSW 190 state nomination, there are three criteria which you must fulfill. The first is that you are skilled in an occupation that is within an ANZSCO unit group specified on the NSW Skills list and that you meet eligibility requirements.
Secondly, you must be currently residing in NSW or offshore, and have continuously done so for a minimum of six months. In practice, this means that you cannot move to NSW from interstate just to receive a nomination. It also prevents people living and working interstate from receiving nominations from NSW.
The third and final necessary criteria is that you meet the minimum points score and experience for your unit group. These minimum scores are all listed and identified on the NSW Skills List.
By understanding the NSW Skills List in detail, you will be able to identify pathways through which you can maximise your skillset and experiences to increase your likelihood of receiving a NSW 190 Nomination.
The NSW 491 Regional Nominated pathway is largely similar. Indeed, the first step is being skilled in an ANZSCO unit group identified on the NSW Skills List and being eligible for the Skilled Nominated visa (subclass 491). You must also be residing in NSW or offshore. However, the length of continual residence is shorter than the 190 at three months instead of six.
For work experience and point score requirements, these are again found on the NSW Skills List. However, you will need to ensure that you scroll down to the 491 skills list to check the relevant points and experience requirements which differ in some respects from the 190 requirements.
There are two main pathways to receiving a 491 visa. First, you must have completed study related to your nominated occupation in regional NSW in the last 24 months before applying. The principal benefit of this pathway is that it exempts you from the minimum work experience requirement. This is noteworthy if you are skilled in an occupation that would generally require multiple years of experience.
The second pathway is being invited by Investment NSW. The first step under this pathway is ensuring your eligibility for the visa subclass and confirming you meet the common NSW basic eligibility criteria. Next, you will need to complete an EOI, selecting NSW only, that seeks nomination for the Skilled Nominated Visa. Following this, you must be invited to apply during an invitation round. NSW does not issue any invitations outside of these rounds.
Once you have received your invitation, time is of the essence, and you need to apply to Investment NSW within 14 days of being invited and provide evidence for all points claimed in your EOI and of your current residence in regional NSW.
Victoria
The first step for a state nomination from Victoria is submitting your Registration of Interest (ROI). All ROIs must be new, so you cannot reuse your ROI from a previous year or expect it to have automatically rolled over. ROIs will be selected from August 2022 to May 2023. A key change from previous years in the 2022-23 program is that offshore applicants are now eligible to apply.
Victoria has a four-step application process. First you submit your expression of interest (EOI) with Skillselect. Then, submit an ROI with Victoria. Third, if you are invited you will be required to complete a nomination application. Finally, once nominated you will need to submit your visa application to the Australian Government.
Victoria considers the following factors about you when assessing ROIs and EOIs. These are as follows:
- Age,
- English language level,
- Number of years’ experience you have in your nominated occupation,
- Education and occupations skill level,
- Partner’s skills if you have a partner, and
- Your salary if you are an onshore candidate. However, please note there is no minimum requirement, this is so they can cross check against industry standards to verify your employment.
Victoria is also prioritising applicants from the following occupation groups for both 190 and 491 state sponsorships:
- Healthcare and social services,
- Science, Technology, Engineering and Mathematics (STEM),
- Advanced manufacturing, digital and innovation economy,
- Early childhood, secondary and special education teachers,
Meanwhile, chef, cook, accommodation and hospitality managers are prioritised for 491 nominations but not 190 nominations, as these skills are in demand in the regions. This means that if you have specialised in one of these areas you may consider whether it would be preferable for you to work in a regional area.
Nevertheless, all occupations on the skilled occupation list are eligible for nomination and you could perhaps be an outstanding candidate in another field.
Queensland
To receive a state nomination from Queensland you must have a points-test result of 80 or higher for the 190 (except for trades occupations, which require 75 or higher) and have your occupation listed on the designated skills lists. The 491 has a lower bar, with the minimum points test-result being 65. Queensland also has strict English language requirements, whereby you must have proficient English. However, trades occupations are again an exception and only require competent English.
For the 190 visa, you must also be living in Queensland and undertaken full time post qualification employment in your nominated occupation for the 6 months immediately prior to submitting the EOI. This differs from the 491, which only requires you have been living and working full time in regional Queensland for 3 months prior. You must also show that you will have full-time employment with a Queensland employer for a further 12 months. For a 491 visa, this must be ongoing employment in a regional area. For an employer to be a Queensland employer, the office must be in Queensland and not virtual.
Finally, you must commit to living and working in Queensland for 2 years if you receive a 190-visa grant and 3 years for the 491 from visa grant.
Please note that in Queensland invitations will go to the highest points per occupation and this is likely to vary for each occupation. Other requirements then are considered where there are a large number of EOIs for a particular occupation on the same points including location and exact years of work experience. Therefore, it is essential that you select the right occupation and maximise your points.
Application Process
- For Queensland state nomination, submit an Expression of Interest (EOI) with SkillSelect. At this stage, it is important to be aware that Queensland gives preference to applicants who select “Queensland” as their nominating state.
- Migration Queensland then assesses all EOIs that meet the universal criteria and Migration Queensland criteria. If successful, you will receive an email invitation to lodge an application and be requested to provide documentary evidence.
- When you have received your invitation from Migration Queensland: upload the required documents and pay the non-refundable application fee after all documents have been finalised. Time is of the essence for this and there is a strict 14-day deadline, so it may be advisable that you get in touch with an immigration lawyer or consultant beforehand. Queensland will then review your application and request any further information they deem necessary.
- Once Migration Queensland has received and approved your completed application, you will receive an invitation from the Department of Home Affairs to lodge your visa application. You are given 60 days to lodge.
If you have made a mistake on your submitted EOI which you only realise after receiving a nomination or miss a relevant deadline, you will have to wait 6 months before applying again. This includes the reason of incorrectly calculating points, again reinforcing why it is worth considering receiving professional advice beforehand.
South Australia
For a South Australian state nomination for this visa, you must meet the universal requirements, meet South Australia’s specific occupation requirements, have skills in an occupation on South Australia’s State Skilled Occupation List, and be eligible for South Australian state nomination.
To qualify for a South Australian state nomination, there are some key requirements you must meet, depending on your situation.
If you studied and graduated in South Australia and are now working in a job related to this study and living in South Australia, you may be eligible for a fast-tracked nomination. High Performing Graduates from South Australian Universities may also benefit from certain concessions or waivers. To be eligible under the South Australian Graduates stream, you must firstly meet the universal Australian requirements. Beyond that, you will have to make sure your nominated occupation is under the South Australian Graduates stream on South Australia’s Skilled Occupation List.
What constitutes sufficient work under this pathway varies between the 491 and 190 nominations. Unless explicitly specified otherwise, working requires:
- 20 hours per week or 40 hours per fortnight for subclass 491 visa nomination
- 30 hours per week or 60 hours per fortnight for subclass 190 visa nomination
- If you have not continuously resided in South Australia after completing your qualification, you must be working at least 30 hours
High Performing Graduates are further prioritised if they meet the minimum Grade Point Average (GPA) specified for their nominated occupation on the South Australian Skilled Occupation List.
If you are working in South Australia, you should first check if your nominated occupation is eligible under the Working in South Australia stream on South Australia’s Skilled Occupation List and meet the universal requirements. Furthermore, the job you are working in must be related to your nominated occupation and post course completion. Working under this category requires a minimum of 20hr/week or 40hr/fortnight.
The final stream is for people living and working in Outer Regional South Australia and who have done so in any job for a minimum of 6 months with at least 30hr/week or 60hr/fortnight. For this, you must first check if you occupation is eligible under this stream on South Australia’s Skilled Occupation List. The universal requirements apply for both 491 and 190 nominations under this stream; however, for the 190 nomination there is the additional requirement of being in a high skill position (skill level 1 or 2) and on a high salary ($65 000 or more). You will also require supporting evidence from your employer.
Western Australia (WA)
Western Australia uses the Western Australian Skilled Migration Occupation List (WASMOL) and Graduate Occupation List (GOL) when assessing eligibility for state nominations for a 190 or 491. A summary of both of these lists is available through the Western Australian government here.
The WAMSOL is for general applicants whereas the GOL provides WA with their graduate stream. Notably, all of WA constitutes a regional area for 491 purposes under the universal requirements, which again apply. WA utilises a ranking system to determine who they invite based on EOIs, with a general and graduate stream.
The general stream gets ranked according to the following criteria, with the highest rankings receiving invitations:
- Where the applicant is residing (WA, rest of Australia, offshore),
- Highest EOI Points Score, and
- Oldest EOI submission date.
The graduate stream maintains all the same considerations regarding residence, points, and submission dates. However, it also includes further additional considerations related to education. To summarise, the higher the education qualification the more favourably the application will be viewed. Both of these streams apply for 190 and 491 applications, with no variance.
Tasmania
Tasmania now has a Migration Tasmania Skilled Nomination Eligibility Checker available. This can be used this to check eligibility for Tasmanian nominations, find the most appropriate nomination pathway for you, and learn more about which additional priority attributes you may have.
ANZSCO 141311 Hotel or Motel Manager has been add to the Tasmanian Onshore Skilled Occupation List (TOSOL). Eligible candidates must have a skills assessment for that occupation and work experience in a closely related role for 6 months for SC 190 or 3 months for SC 491 eligibility. They may also qualify for additional priority attributes in other pathways.
A common mistake made when applying for skilled migration to Tasmania is candidates relying on already commenced employment as a ‘job offer’ under the Tasmania Skilled Graduate Pathway’. To be eligible for this, one must have received the job offer but not actually commenced employment.
Further information on the Tasmanian program is available on that website including the number of places already allocated.
Northern Territory (NT)
When applying to the NT, one has to show a commitment to the NT. This includes conditions of nomination such as committing to live in the NT for at least three years after the visa is granted, letting the NT government know the status of the visa application, and providing contact details to the NT government. For onshore applicants, it also includes not currently living interstate.
The NT has a new online Designated Area Migration Agreement (DAMA) portal that aims to streamline the application and assessment process. The objective of this is to support businesses in the Territory that are experiencing critical skill shortages.
The NT has three streams for nomination for offshore applicants. These are a priority occupation stream, an NT family stream, and a NT job offer stream. There have been some changes to Northern Territory Offshore Migration Occupation List including the need for evidence of Australian licensing/registration and communication skills that meet the licensing or registration requirements. Therefore, you will need to make sure and check you meet these requirements if you have or are intending to apply to the NT. Please note that this is a list that is only applicable for those applying for a NT nomination from outside Australia as part of their priority occupation stream. Offshore applicants still have to meet all other requirements, including proof of financial capacity.
Australian Capital Territory
Those in the ACT can be nominated for the 491 or 190 visa. There are ACT residency requirements for each, with the 491 requiring you have lived and worked in Canberra for at least three months and the 190 requiring you have been living and working in Canberra for at least six months. Overseas applicants have separate pathways which require more experience and genuine job offers in the ACT.
For streamlined nominations, the ACT has a priority pathway for those who have completed a Doctorate at an ACT university and are a Canberra resident. If not a Canberra resident, you must have completed the Doctorate within the last two years. Alternatively, those of significant economic benefit that do not meet other ACT criteria may be invited by the ACT government. However, you cannot apply for this pathway or request consideration under this pathway, as such a nomination must be initiated by the ACT government itself.
The Canberra Matrix is what the ACT uses to manage the nomination process. It synthesises various contributions to produce points score, which applications are then ranked by. The higher the score, the more likely you are to be nominated. Further Canberra Matrix information is available here, including a Canberra resident score calculator and overseas applicant score calculator.
Further Questions
If you have any further queries or concerns or want to discuss with us how best to light the way to your Australian dream, please feel free to book a consult. Alternatively, we have a free eligibility checker and further information on the whole skilled migration process available on our General Skilled Migration website page.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
