The subclass 190 visa allows Australian States and Territories to nominate foreign citizens with the skills to apply for permanent residency. The skills must be demonstrated by the necessary qualification(s) and experience in a field related to an eligible occupation for which the State or Territory experiences labour shortage. Each State and Territory ascribes additional requirements in order to address the needs of their local labour market.
In addition to the state nomination, applicants must also submit an expression of interest via their Skillselect login and await an invitation to apply for the subclass 190 visa. You must meet all subclass 190 visa prerequisites in addition to any state or territory nomination requirements. Upon grant, this visa, 190 subclass, permits holders to live and work in Australian indefinitely.
Why the 190 visa?
The advantage of the subclass 190 visa is the expanded eligibility when compared to the Subclass 189 independent skilled visa. With each State and Territory maintaining their own occupation lists, there are a much larger range of vocations which may support receipt of an invitation to apply for the 190 visa. Further, after being nominated by a state, it is extremely likely one will be invited to apply for this skilled visa in Australia. As such, the importance of the points test is significantly lessened as many occupations are nominated by many states even at the minimum points threshold.
Significant variance exists among the Australian state and territory governments in terms of the criteria for nomination, with many, particularly residency requirements, being mutually exclusive. Despite these limitations, it is always best to know which jurisdictions nominate for your occupation and what their requirements are. If you are eligible to be nominated by a state or territory, it is imperative you be aware, as for many skilled workers, visa subclass 190 is often an attractive prospect.
- Had a positive skills assessment at the time of invitation for your visa subclass 190;
- Be nominated, and continue to be nominated by an Australian State or Territory for this visa;
- Submit an expression of interest and be invited to make an application over Skillselect;
- Have a positive skills assessment from no more than 3 years ago;
- Have competent English; and
- Have the same Schedule 6D points as claimed in the Expression of Interest at the time you were invited to apply. These points must be substantiated by information and evidence provided in your visa application.
State or Territory Nomination
When submitting an EOI, the applicant is to select a State or Territory to be considered for nomination. The procedures for the nomination applications, as mentioned above, vary across the State and Territories. Some States may separate applicants into cohorts, ascribing different criteria to each. Others may modify the standards for specific occupations, requiring additional work experience, higher points or superior English test results. The majority of States and Territories require the applicants to have lived or studied in their jurisdiction in order for their nominations to be issued. Meeting the eligibility criteria does not guarantee a nomination as it depends on matters subsisting in their region. Information on these varying visa nomination prerequisites can be obtained from the government websites of many states.
To be nominated by a State or Territory government often requires demonstration of some level of commitment to said jurisdiction. Less densely populated states and territories tend to place more onerous criteria for their nominated visa prerequisites out of concerns regarding applicants relocating to major population centers upon being granted their permanent visa. Most states will not nominate a person who is resident in another Australian state at the time of their application. Other states will require that applications show a proscribed period of residency in their jurisdiction or even a job offer from an employer in said state or territory.
Nomination application requirements are always changing, and it is important to obtain up-to-date information regarding each state and territory. Because of the level of divergence and the ever changing nature of nomination requirements, it is imperative you consult with a migration solicitor to narrow down which jurisdiction is most feasible in your circumstances or how to best use your existing visa to prepare for your eventual PR application.
Schedule 6D Points
- Not less than 18 and under 25 – 25 points
- Not less than 25 and under 33 – 30 points
- Not less than 33 and under 40 – 25 points
- Not less than 40 and under 45 – 15 points
- Competent English – 0 points
- Proficient English – 10 points
- Superior English – 20 points
- 36 months – 5 points
- 60 months – 10 points
- 96 months – 15 points
- 12 months – 5 points
- 36 months – 10 points
- 60 months – 15 points
- 96 months – 20 points
- Completed within the last 48 months – 5 points
- Recognized qualification – 10 points
- Trade qualification – 10 points
- Diploma – 10 points
- Bachelor’s Degree – 15 points
- Doctorate – 20 points
- Qualification competed in a specified field – 10 points
- Degree, diploma or trade qualification completed in Australia – 5 points
- Degree, diploma or trade qualification completed in regional Australia – 5 points
- Certified translator or interpreter in a specified language – 5 points
- Partner has competent English – 5 points
- No partner – 10 points
- Partner is under 45 and has a positive skills assessment for an eligible occupation – 10
Applicable Public Interest Criteria
Applicable Special Return Criteria
No conditions are attached to the the visa subclass 190. The skilled nominated visa allows visa holders to live and work in Australia indefinitely.
- Base application charge: $4,045
- Additional applicant charge for an applicant who is at least 18: $2,020
- Additional applicant charge for an applicant who is less than 18: $1,015
- Applicants aged 18 and over who do not demonstrate functional English: $4,885