State requirements for the new 491 visa

ACT 491 nomination criteria:

The ACT is defined as regional for skilled migration purpose from 16 November 2019.  While potential applicants can complete the Home Affairs Skillselect EOI from this date, the 491 Canberra Matrix can only be submitted from 1 January 2020.

ACT 190 NOMINATION:

The 2019 eligibility criteria will apply to all 190 Matrix submitted on or before 31 December 2019.
The 2020 eligibility criteria will apply to all 190 Matrix submitted on or after 1 January 2020.

2020 Nomination criteria:

The eligibility criteria for 190/491 nomination in 2020 will be published on or before 28 November 2019.

WA State nomination under the new 491 visa

From 16 November 2019 the new 491 visa will be an available option in SkillSelect and new EOIs can be lodged.

During the November 2019 invitation round, WA Migration Services will commence issuing invitations to eligible EOIs under a 491 visa . Invitations are anticipated to be issued by 21 November 2019.

NT 491 nomination criteria:

Northern Territory 190 closed until 9th December 2019

QLD 491 nomination criteria:

To be eligible for Queensland nomination, you must meet both the Australian Department of Home Affairs (HA)  criteria and Business and Skilled Migration Queensland (BSMQ) criteria for your chosen visa category.

The HA criteria requires you to:

• have a points test result of 65 or higher, inclusive of state nomination points
• have a positive skills assessment in your nominated occupation
• be under 45 years of age
• meet the minimum English language requirement of COMPETENT, unless a higher level is required by your assessing authority
• submit additional documents if invited to lodge an application for a subclass 190 or subclass 491 visa.

BSMQ criteria requires you to:

• have an occupation on the QSOL ‘Working in Queensland’ list
• provide evidence of full-time post-qualification employment (minimum of 35 hours per week) in your nominated occupation for the past 6 months in Queensland (190 visa) IMMEDIATELY prior to EOI submission. If you are lodging an EOI for a 491 visa you must be LIVING and WORKING (full-time post qualification, minimum 35 hours per week) in REGIONAL Queensland in your nominated occupation for the past 3 months IMMEDIATELY prior to EOI submission.
• provide evidence of ongoing employment with a Queensland employer registered in Australia for a further 12 months (minimum of 35 hours per week). For the 491 it must be a ongoing employment in a REGIONAL area for a further 12 months (minimum 35 hours per week).
• commit to living and working in Queensland for 2 years from visa grant.

RDASI – NSW nomination criteria:

to open on 28/11/2019 for the new 491/494 visas -Due to IT updates and changes, RDA Southern Inland are scheduled to open applications for the 491 Visa Program and the Subclass 494 Visa, on the the 28th of November 2019.

The NSW State Government is developing a new program and process for the new 491 visa and cannot be rushed.

It now looks possible that nominations for the 491 visa will not begin until January 2020.
The above notice is conveying RDA Northern Inland views and is not necessarily representative of messaging from the Department of Home Affairs or the NSW State Government.

As soon as we can get a 491 visa commencement date from our colleagues in the NSW State Government, we will advise on this webpage and via update emails.

TAS 491 nomination criteria:

Category 1 – Tasmanian graduate

To be considered for this category, you must meet all of the following criteria.

• you must have completed and graduated from a CRICOS registered tertiary institution in Tasmania. The course undertaken:
  • must be a degree (bachelor or any higher degree), a diploma (including advanced, associate or graduate) or a trade qualification (minimum Cert III level for a skilled occupation in Major Group 3 in ANZSCO)
  • must have a minimum duration of one academic year (40 weeks)
  • must be full time and on site in Tasmania
• you have lived in the state for at least 1 year during your period of study
• you and your dependents are currently living in Tasmania and can provide evidence of your ongoing genuine commitment.

OR

Category 2 – Working in Tasmania

*If you are looking for employment opportunities in Tasmania, please refer to the comprehensive resources on the Make It Tasmania website.

To be considered for this category, you must meet all of the following criteria:

• you must have been working in Tasmania for six months immediately prior to your application for state nomination. You do not have to be working in your nominated occupation. Your employment needs to:
  • be at least 35 hours per week in one full-time job or in two or more part-time jobs and you are able to provide evidence of your employment claims (see Document Checklist – Employment for more details)
  • fill a genuine, ongoing skill shortage in Tasmania
• you and your dependents must currently be living in Tasmania and can provide evidence of genuine commitment to continue to live in Tasmania (please refer to disclaimer at the bottom of this page for indicators as to how to meet this requirement)
• your employer must have a well-established business that has been actively operating in Tasmania for the past 12 months
• there must be a genuine need for your position within the business.

If your employment is for a position at ANZSCO skill level 4 or 5, your employer must also provide evidence that no local person was able to fill the position (see ‘Document Checklist – Employment’ for evidence your employer would have to provide that you would need to submit together with your application for state nomination).

Please note that internships, stipends, scholarships and volunteer positions are not considered employment for the purpose of this category.

Sole traders/subcontractors may be eligible for nomination under Category 5 – Small Business Owner.

* There are areas of non-skill shortage in Tasmania that are not supported for visa state nomination under the ‘Working in Tasmania’ category. This includes employment relating to:

• supermarkets
• service stations
• limited service restaurants** (cooks, chefs and café / restaurant managers)
• massage clinics
• taxi/uber driving

**A limited service restaurant includes the following:

• fast food or takeaway food services
• fast casual restaurants
• drinking establishments that offer only a limited food service
• limited service cafes including, but not limited to, coffee shops or mall cafes
• limited service pizza restaurants.

OR

Category 3A – Overseas applicant (TSOL)

*If you are looking for employment opportunities in Tasmania, please refer to the comprehensive resources for on the Make It Tasmania website.

To be considered for this category, you must be living overseas and meet all of the following criteria:

• your nominated occupation must be listed on the Tasmanian Skilled Occupation List (TSOL)
• you, or any of your dependants have not lived in another Australian state or territory within the last twelve months
• you have achieved the English requirement specified in the TSOL for your nominated occupation in a recognised English language test or hold a passport of the UK, Ireland, the USA, Canada or New Zealand
• you meet the requirements specified in the TSOL for your nominated occupation
• you have researched the Tasmanian labour market and, unless your occupation is listed as “High Demand” in the TSOL, provide evidence that there are sufficient employment opportunities (at least five and not more than eight opportunities) in your nominated occupation in Tasmania and that you have:
  • skills and recent experience relevant to the researched employment opportunities
  • skills and experience relevant to the Tasmanian economy (see Document Checklist – Employability for more guidance),

• if your occupation is listed as “High Demand” and you meet the specified requirements, employability evidence is not required
• you have access to sufficient financial assets to fund your migration and settlement in Tasmania for at least 6 months while you seek employment.

OR

Category 3B – Overseas applicant (Job offer)

*If you are looking for employment opportunities in Tasmania, please refer to the comprehensive resources for on the Make It Tasmania website.

To be considered for this category, you must be living overseas and meet all of the following criteria.

• have received a formal job offer for a job that is based in Tasmania that is in your nominated occupation
• you, or any of your dependents have not have lived in another Australian state or territory within the last 12 months
• your employer must have a well-established business that has been actively operating in Tasmania for the past 12 months
• there needs to be a genuine need for your position within the business. This may be satisfied if there is:
  • an existing, current and genuine need for your position within the business
  • an ongoing need for your position and the capacity for the business to sustain the nominated position

OR

Category 4 – Family in Tasmania

To be considered for this category you must have an IMMEDIATE family member who meets all of the following criteria:

• has been an Australian Permanent Resident or an Australian Citizen for a minimum of 12 months prior to the lodgement of your application
• is currently residing in Tasmania and has been for a minimum of 12 months
• is a parent, brother, sister, child, aunt, uncle, or grandparent
• agrees to support and assist you in the process of gaining employment in Tasmania upon your arrival in Tasmania

Please note: relationships by marriage, such as sister or brother in law, are not acceptable for this category. You (the applicant) must hold the direct relationship with the sponsoring family member.

OR

Category 5 – Small Business Owner

To be considered for this category, you must be living in Tasmania at the time of lodgement of your application and meet the following criteria:

• demonstrate that your business has been established and operating in Tasmania for at least 6 months
• demonstrate that the business is highly likely able to give you a personal income that would meet the minimum taxable income requirement set by Home Affairs for the subclass 191 Permanent Residence (Skilled Regional) visa. Currently, that is AU$53,900 per year for at least 3 years in the next 5 years.

All applicants must provide a comprehensive business plan with:

• evidence of thorough research into, and understanding of, the target market
• research and understanding of relevant industry conditions, licensing and/or registration requirements for the business in Tasmania
• realistic market opportunities for the proposed business in Tasmania, particularly where the business would be competing with other similar existing businesses already established in Tasmania.

Additional considerations include the applicant’s prior business ownership or business management experience and also the nature of the business and its long-term benefit to Tasmania.