The Skilled Work Regional Visa is an extremely popular pathway to Australia, which allows skilled foreign workers to reside, study and work in a designated regional area in Australia. Not only does this help Australia attract foreign talent to the country, but it also helps regional areas in Australia grow and develop in multiple manners. 

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While there are several subclasses under the Skilled Work Regional Visa, this blog will be delving into Subclass 491 and Subclass 190 for applicants who wish to apply to the state of South Australia (SA). 

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Located in the southern central part of Australia, SA boasts beautiful landscapes and a diverse population. Known for its great weather and rich history, SA is an immensely popular destination for both visitors and people who wish to settle there. There are an array of industries that are popularly opted for in SA, from F&B, education, and mining to health, tourism and manufacturing. 

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To begin with, let us understand the difference between a 491 Visa and a 190 Visa. In essence, the 190 Visa is for applicants looking to directly obtain permanent residency (PR). While the 491 Visa is a transitional visa, this means that holders of a 491 Visa will be allowed to apply for PR after living, working or studying in Australia for a certain number of years.

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Updates for SA Skilled Migration, 2022-2023

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For the financial year 2022-2023, SA has allocated 2,700 places for 190 Visa seekers and 3,180 places for 491 Visa seekers. While the state nomination requirements for SA are relatively complex and slightly tricky to navigate, the state is also known to be very open and generous to skilled foreign workers. There are several streams that applicants can select from and apply to depending on their personal circumstances. There are a common set of requirements for all the streams as well. 

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The revised skilled occupation list from SA is one of Australia’s most expansive lists, with a selection of over 500 eligible occupations that can be pursued by many people. This year, priority will be given to nominations of skilled migrants from:

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• Backgrounds of in-demand industries, such as healthcare, ICT, education, engineering, agribusiness and trade, or 
• Backgrounds wherein skills are brought to growing sectors such as hi-tech/digital, healthcare, life sciences, green energy, defence, space and cyber security

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SA will focus on retaining talent, meaning migrants who are already residing and working in the state, while also inviting skilled experienced migrants from overseas to fill in critical labour shortages.

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SA Skilled Work Regional Visa (Subclass 491) & (Subclass 190)

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Common SA State Nomination Requirements:

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Residency 

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• Applicants residing in SA may be eligible to apply for almost all streams
• Applicants residing in states/territories other than SA may apply through the Talent & Innovator Employment Stream 
• Applicants offshore can check SA’s Skilled List to find out which occupations they may be eligible for 

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Age

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• Applicants must be below the age of 45 at the time of application

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Occupation 

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• Applicants must be working in an occupation mentioned on the SA Skilled Occupation List

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Skills Assessment

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• Applicants must have a positive skills assessment for their nominated occupation 

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Work Experience

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• The work experience of applicants will depend upon their nominated occupation 
• Requirements for work experience are usually fulfilled post-course completion and must be at least 20 hours per week 
• In certain circumstances, the work experience requirements may be waived

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English Proficiency Requirements

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• Applicants must have competent English
• English proficiency requirements may differ from occupation to occupation 

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Points 

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• The minimum score on the points test is 65, however, it may differ for applicants depending on their nominated occupation

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Nomination Streams and Eligibility Criteria

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There are an array of applicable nomination streams that can be opted for by skilled foreign workers. The list below mentions the streams and their eligibility criteria. 

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South Australian Graduates

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International graduates who have studied in SA may be eligible for state nomination as skilled migrants. High-performing graduates may also avail of certain concessions or waivers under this stream. Applicants must:

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• Ensure that their nominated occupation is eligible under the SA Skilled Occupation List 
• Currently reside and work in SA
• Be under 45 years of age at the time of their state nomination approval 
• Hold a positive skills assessment for their nominate
• d occupation
• Have at least competent English, unless their nominated occupation requires registration or licensing to practise in SA
• Score at least 65 on the points test
• Have completed their qualification at a South Australian educational institution and meet the following study requirements:‍
• Their course in SA is Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registered, with a minimum of 46 CRICOS weeks
• Their study meets the minimum qualification level listed in their nominated occupation 
• At least 50% of their qualification has been completed in SA 
• Have resided in SA for at least a year during their studies ‍
• Be currently working in a job that is related to their nominated occupation
• Have undertaken skilled work experience post-course completion 
• Meet the minimum work experience requirements for their occupation
• Unless specified higher for their nominated occupation, be worked at least:‍
• 20 hours per week or 40 hours per fortnight for a 491 Visa nomination 
• 30 hours per week or 60 hours per fortnight for a 190 Visa nomination

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There is a separate set of criteria for high-performing graduates, they must:

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• Have a nominated occupation on SA’s Skilled Occupation List that is eligible for the high-performing graduate pathway 
• Have completed their qualification at a SA higher education institution in the last 2 years 
• Have a South Australian qualification in the same field as their skills assessment 
• Currently reside in SA and have continuously resided in SA post-course completion 
• Have at least proficient English language skills, unless specified higher for their nominated occupation
• Meet the minimum grade point average (GPA) on their nominated occupation
• Have a qualification in SA that meets the high-performing graduate requirements:‍
• PhD or Masters by Research degree: applicants can apply once their degree has been conferred 
• Masters by Coursework degree: the degree must be at least 76 CRICOS weeks 
• First Class Honours in a dedicated Honours year: requires the completion of 92 CRICOS weeks for a Bachelor’s degree 
• Bachelor's Degree: at least 92 weeks long and applicants must commence skilled employment in their nominated occupation

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Working in SA

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Skilled migrants who are currently residing in SA and working in their nominated occupation may be eligible for state nomination. Candidate pools include temporary visa holders, international graduates, self-employed applicants and sub-contractors. Applicants must:

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• Ensure that their nominated occupation is eligible under the SA Skilled Occupation List 
• Currently reside and work in SA
• Be under 45 years of age at the time of their state nomination approval 
• Hold a positive skills assessment for their nominated occupation
• Have at least competent English unless their nominated occupation requires registration or licensing to practise in SA
• Be currently working in a job that is related to their nominated occupation
• Have undertaken skilled work experience post-course completion 
• Meet the minimum work experience requirements for their nominated occupation
• Unless specified higher for their nominated occupation, be worked at least 20 hours per week or 40 hours per fortnight for a 491 Visa nomination 

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Outer Regional SA

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Skilled migrants who are making important contributions to regional South Australian communities and businesses may avail of certain work experience concessions under this stream.  Applicants must:

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• Ensure that their nominated occupation is eligible under the SA Skilled Occupation List 
• Currently reside and work in SA
• Be under 45 years of age at the time of their state nomination approval 
• Hold a positive skills assessment for their nominated occupation
• Have at least competent English unless their nominated occupation requires registration or licensing to practise in SA
• Score at least 65 on the points test
• Have been working for the past 6 months in any job (can be unrelated to their nominated occupation)
• Be working at least 30 hours per week or 60 hours per fortnight
• Provide a letter of support from their employer stating why they should be invited for state nomination 
• 190 Visa applicants must meet the following work experience requirements:‍
• Have been working for the past 6 months in any job (can be unrelated to their nominated occupation)
• Work at least 30 hours per week or 60 hours per fortnight
• Work in a high-skilled position: Skill Level 1 or 2 and receive a salary of at least AUD $65,000

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Long-Term Residents 

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Long-term residents of SA who are not qualified for any nomination streams and are currently not working in their nominated occupation may also be eligible for state nomination. Safe Haven Enterprise Visa holders may also apply under this pathway. Applicants must:

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• Ensure that their nominated occupation is eligible under the SA Skilled Occupation List 
• Currently reside and work in SA
• Be under 45 years of age at the time of their state nomination approval 
• Hold a positive skills assessment for their nominated occupation
• Have at least competent English unless their nominated occupation requires registration or licensing to practise in SA
• Score at least 65 on the points test
• Be currently working for the past 6 months in SA in either a Skill Level 1, 2, 3 or 4 Career and Aide occupation. 
• Have at least 12 months total work experience in SA in either a Skill Level 1, 2, 3 or 4 Career and Aide occupation over the past 3 years 
• During the 12-month work experience period, they must have worked at least 20 hours per week or 40 hours per fortnight
• 190 Visa applicants must meet the following work experience requirements:‍
• Have been working in a high-skilled position, Skill Level 1
• Work at least 30 hours per week or 60 hours per fortnight
• Work in a high-skilled position: Skill Level 1 or 2 and receive a salary of at least AUD $80,000 in Adelaide or AUD $65,000 in regional SA

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Highly Skilled and Talented

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Highly skilled migrants who have contributed talent or support and innovation in SA can register for state nomination. Candidate pools include skilled migrants residing in SA, other Australian states/territories and offshore. Applicants must:

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• Currently reside, work and live in SA, interstate or overseas
• Be under 45 years of age at the time of their state nomination approval 
• Hold a positive skills assessment for their nominated occupation
• Have at least proficient English
• Score at least 65 on the points test
• Be earning a high base salary threshold commensurate with the expectations of the Highly Skilled and Talented stream (at least AUD $80,000 per annum) and working full-time (at least 30 hours per week or 60 hours per fortnight)

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Onshore applicants must: 

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• Demonstrate extensive experience in highly skilled jobs, in senior or executive roles
• Demonstrate that they meet one of the following:‍
• Have already commenced employment in SA
• Have an employment contract for a position that will require them to relocate to SA
• Demonstrate specialised experience or niche skills that are highly relevant to in one of SA’s priority sectors

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Offshore applicants must: 

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• Demonstrate extensive experience in highly skilled jobs, in senior or executive roles for:‍
• Internationally-known organisations, or
• Multinational companies with a presence in SA
• Demonstrate specialised experience or niche skills that are highly relevant to in one of SA’s priority sectors

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Offshore 

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Skilled migrants who are currently living offshore and have submitted an Expression of Interest (EOI) on SkillSelect may be selected by SA to apply for state nomination. Applicants must requirements for:

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• Years and field of skilled employment
• English language proficiency
• EOI points

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Application Process

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After ensuring that applicants meet all the nomination criteria and eligibility requirements, applicants may begin their application process.

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1. Lodge an EOI in SkillSelect and choose SA with the relevant subclass they are applying for. 
2. Submit a state nomination application or Registration of Interest (ROI) through the Skilled and Business Migration Portal
3. Track their application online
4. If their application for state nomination is approved, they will receive an email from the Department of Home Affairs, inviting them to apply for a visa 
5. Applicants can lodge their visa application with the Department of Home Affairs 

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.