190 Visa

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.

Eligibility Criteria

In addition to the applicable skills assessment and nomination requirements, the following requirements apply to any 190 visa application. Much of the below criteria relates to circumstances at the time an applicant has been invited to apply for the 190 visa subclass.
  • 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.

Occupations

Each State and Territory drafts and publishes their own strategic list of occupations, aiming to target skilled workers needed to address their respective strategic labour shortages. Therefore, applicants must check with the State or Territory from which they seek to be nominated prior to starting the application process. Procedures for nomination applications vary from jurisdiction to jurisdiction, with most requiring applicants to submit an expression of interest prior to their nomination application.

Skills Assessment

For each eligible occupation, an authority is tasked with assessment of the suitability of applicants for the corresponding occupation. This process of assessment is known as a “Skills Assessment.” Each assessor operates with its own procedures and prerequisites, information for which may be found on each assessor’s website. For certain occupations, multiple bodies may conduct skills assessments for migration purposes. Applicants must meet the skills assessment requirement of their chosen occupation prior to commencing an application for their skilled nominated visa.

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

Much like the Subclass 189 visa, the Subclass 190 visa operates under the Schedule 6D points system. Unlike 189, the 190 visa creates significantly more variance in the minimum point score required to obtain an invitation. Whilst a jurisdiction cannot nominated an individual below the minimum point threshold, there is no requirement that nominations ought be issued solely on the basis of a points preferred system. In essence, visa nominations are issued on the basis of the labour requirements of the nominating entity and the attractiveness of a particular visa candidate with reference to the preferences of the nominating jurisdiction. For more information regarding the applicability of the points test to this visa subclass, please see our blog regarding this matter here. Below is an outline of the points test as it applies to this visa. Note that visa applicants obtain 5 points purely for having been nominated, easing the difficulties in reaching the applicable minimum points threshold of 65. State or Territory Nomination: 5 points Age
  • 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
English
  • Competent English – 0 points
  • Proficient English – 10 points
  • Superior English – 20 points
Overseas Employment Experience in the Last 10 Years
  • 36 months – 5 points
  • 60 months – 10 points
  • 96 months – 15 points
Australian Employment Experience in the Last 10 Years
  • 12 months – 5 points
  • 36 months – 10 points
  • 60 months – 15 points
  • 96 months – 20 points
NOTE: You cannot claim more than a total of 20 points for all work experience in Australia and overseas. Australian Professional Year (IT, Engineering and Accounting only)
  • Completed within the last 48 months – 5 points
Education
  • Recognized qualification – 10 points
  • Trade qualification – 10 points
  • Diploma – 10 points
  • Bachelor’s Degree – 15 points
  • Doctorate – 20 points
NOTE: You can only claim one set of points for your highest level of qualification. The bachelor qualification or other qualification does not have to be related to the applicant’s nominated occupation. Specialist Education – Masters by Research or Doctoral Degree
  • Qualification competed in a specified field – 10 points
Australian Study
  • Degree, diploma or trade qualification completed in Australia – 5 points
Regional Study
  • Degree, diploma or trade qualification completed in regional Australia – 5 points
NOTE: You may claim points for both Australian study and regional study for a total of 10 points collectively. NAATI Certification in a Community Language
  • Certified translator or interpreter in a specified language – 5 points
NOTE: Not all languages are classed as community languages. Partner Qualifications (Non-citizen Non-permanent Resident Partners Only)
  • 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
NOTE: Only one of the above may be claimed.

Applicable Public Interest Criteria

4001, 4002, 4003, 4004, 4005, 4010, 4020, 4021 and 4019 (if applicable)

Applicable Special Return Criteria

5001, 5002 and 5010

Conditions

No conditions are attached to the the visa subclass 190. The skilled nominated visa allows visa holders to live and work in Australia indefinitely.

Application Charges

First installment payable at the time of application;
  • 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
Second instalment payable prior to visa grant;
  • Applicants aged 18 and over who do not demonstrate functional English: $4,885