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. 

‍

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 New South Wales (NSW). 

‍

Located in southeast Australia, NSW boasts fantastic scenery for both visitors and residents - from golden beaches to soaring mountains. Along with the many tourist attractions, it also is an economic and financial hub, especially in cities such as Sydney. Industries such as healthcare, scientific and technical services, construction, education, social and professional services thrive in the region. 

‍

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. 

‍

It is important to note that the Federal Government bears the responsibility for Australia’s migration program, which also includes the allocation of available places across different program streams and making important decisions on visa applications. 

‍

Under an agreement with the Federal Government, state/territory governments are allowed to nominate a limited number of applicants for a limited number of skilled, business and investor visa subclasses.

‍

NSW Skilled Work Regional Visa (Subclass 491) 

‍

As stated above, the NSW Skilled Work Regional Visa (Subclass 491) allows skilled foreign workers to study, work and reside in designated regional areas of Australia for a period of 5 years. 

‍

The ‘Working in Regional NSW’ initiative is an eligibility stream that recognises the commitment of applicants to live and work in regional NSW. It also demonstrates support for Australian businesses that are seeking to hire and retain skilled foreign workers and migrants.

‍

Eligibility 

‍

Before proceeding further with an application, applicants must ensure that they meet the eligibility criteria for a 491 Visa. 

‍

• Be invited by an Australian state/territory government agency
• Submit an Expression of Interest (EOI) through the SkillSelect portal 
• Be nominated by an Australian state/territory government agency or indicate that they will be sponsored by an eligible relative: ‍
• A state/territory government agency will nominate the applicant if they score enough points on the points test 
• Applicants nominated by an eligible relative will be invited to apply for a visa through an invitation round‍
• Be under the age of 45 before applying for this visa:‍
• If an applicant turns 45 after submitting an EOI but before they are invited by a government agency, they cannot apply for the visa 
• Applicants above 45 may still apply for a visa if they are invited by the government ‍
• Declare a positive skills assessment result
• As a 491 Visa is a points-tested visa, applicants will have to score at least 65 points or more on the points test 
• Possess competent English language skills
• The applicant’s occupations must be listed on the Skilled Occupation List 
• Meet the Australian government’s health and character requirements
• Pay back any outstanding debt to the Australian government
• Sign the Australian Values Statement‍
• Must not have had a previous visa cancelled or an application refused

‍

Nomination Pathways 

‍

There are several pathways applicants can choose from for an NSW nomination stream in the Skilled Work Regional Visa (Subclass 491). Before selecting any of the pathways, applicants must ensure that they meet the 491 Visa conditions and eligibility criteria. 

‍

Pathway - Regional NSW-Based Direct Pathway 

‍

• Applicants must currently be residing and working in their nominated (or closely related) occupation in a designated NSW regional area for 12 consecutive months for a minimum of 20 hours per week 
• Applicants must possess a positive skills assessment in an occupation that is applicable to the NSW Regional Skills List 
• Applicants are paid at least the Temporary Skilled Migration Income Threshold (TSMIT) or AUD $53,600 per annum (this excludes superannuation) 
• Applicants must provide evidence for all the points claims through their SkillSelect EOI, evidence of their current residence and must provide a copy of their EOI as well 

‍

Pathway - Direct Application to a Regional Development Australia (RDA) Office 

‍

• Applicants must confirm that they meet all the eligibility requirements for their chosen nomination 
• Applicants must submit an EOI on SkillSelect, ensuring that all the provided information is accurate and that they are seeking a nomination for a Skilled Work Regional (Visa (Subclass 491) for NSW only 
• Applicants must complete their application fee payment directly with the RDA office in their selected nominating region 
• Applicants must provide evidence for all the points claims through their SkillSelect EOI, evidence of their current residence and must provide a copy of their EOI as well 

‍

This particular pathway consists of 2 streams. 

‍

Stream A - Established Work History with a Regional NSW-Based Employer and;

Stream B - My Skills are Required in Regional NSW 

‍

There are varying nomination criteria for both streams, which must be fulfilled by applicants considering this pathway. 

‍

Stream A - Established Work History with a Regional NSW-Based Employer:

‍

• Applicants must be currently residing and working in a designated NSW regional area continuously for the past 12 months. 
• Applicants must be working in their nominated (or closely related) occupation
• Applicants must be working under the same regional NSW-based employer
• Applicants must be deemed as skilled by NSW 
• Applicants must be paid a minimum of the TSMIT wage or a salary of AUD $53,900 
• Applicants’ nominated occupation must be eligible for the Skilled Work Regional Visa (Subclass 491)

‍

Stream B - My Skills are Required in Regional NSW 

‍

• Applicants must be skilled in an occupation that is:‍
• Within an ANXCO unit group that has been identified on the Stream B Skills List‍
• Eligible for a Skilled Work Regional Visa (Subclass 491)

• Applicants must be residing in NSW, or offshore, and have continuously done so for a minimum of 3 months 

‍

Pathway - Invitation to Apply by Investment NSW

‍

Applicants must be skilled in an occupation that is:

• Within an ANZCO unit group that has been identified on the Pathway 2 Skills List
• Eligible for a Skilled Work Regional Visa (Subclass 491)‍
• Applicants must be residing in NSW, or offshore, and have continuously done so for a minimum of 3 months 
• Applicants must have submitted an EOI through SkillSelect seeking nomination for the Skilled Work Regional Visa (Subclass 491) only for NSW 
• Applicants must be invited to apply during an invitation round. 
• Applicants must apply to Investment NSW within 14 days of receiving an invitation
• Applicants must provide evidence for all the points claims through their SkillSelect EOI, evidence of their current residence and must provide a copy of their EOI as well

‍

Participating RDA Offices 

• Central Coast
• Central West
• Far South Coast
• Far West
• Hunter
• Illawarra
• Mid North Coast
• Murray
• Northern Inland
• Northern Rivers
• Orana
• Riverina
• Southern Inland
• Sydney

‍

NSW Skilled Work Regional Visa (Subclass 190) 

Subclass 190 of the NSW Skilled Work Regional Visa is a direct pathway to permanent residency (PR) for applicants. There is no transitional period, once the applicant receives their 190 Visa, they can permanently reside, work and study in Australia. 

There has been a change in the previously published points scores and work experience guides for this subclass. Certain scores have been removed due to the increased availability of the Skilled Independent Visa (Subclass 189) by the Department of Home Affairs.

‍

Eligibility 

‍

Before proceeding further with an application, applicants must ensure that they meet the eligibility criteria for a 491 Visa. 

‍

• Be invited by an Australian state/territory government agency
• Submit an Expression of Interest (EOI) through the SkillSelect portal 
• Be nominated by an Australian state/territory government agency:
• ‍A state/territory government agency will nominate the applicant if they score enough points on the points test 
• Applicants nominated by an eligible relative will be invited to apply for a visa through an invitation round‍
• Be under the age of 45 before applying for this visa:‍
• If an applicant turns 45 after submitting an EOI but before they are invited by a government agency, they cannot apply for the visa 
• Applicants above 45 may still apply for a visa if they are invited by the government ‍
• Declare a positive skills assessment result
• Must be living in NSW, or offshore, and has been doing so continuously for at least 6 months 
• Must have submitted an EOI through SkillSelect seeking nomination for the Skilled Work Regional Visa (Subclass 190) only for NSW
• As a 190 Visa is a points-tested visa, applicants will have to score at least 65 points or more on the points test 
• Possess competent English language skills
• The applicant’s occupations must be listed on the Skilled Occupation List 
• Meet the Australian government’s health and character requirements
• Pay back any outstanding debt to the Australian government
• Sign the Australian Values Statement‍
• Must not have had a previous visa cancelled or an application refused

‍

Nomination Pathway 

‍

• Applicants must confirm that they meet all the eligibility requirements for the visa 
• Applicants can complete an EOI on SkillSelect, ensuring that all of the information they provide is accurate 
• Once applicants are invited for NSW nomination, they must apply for it within 14 days and provide evidence for all point claims and their current place of residence on their EOI

‍

Reasons for Denied Applications

‍

There are a number of reasons the NSW Government can refuse your nomination application. The most common reasons are explained below:

Overclaimed skilled employment 

‍

• Applicants cannot claim employment that is after the date they have been deemed skilled by their skills assessor (if applicable) 
• Applicants can claim employment after the date they have completed their qualifying studies
• This particularly applies to ACS and many VETASSESS assessments 
• Applicants who claim employment through SkillSelect EOI before the date they have been deemed skilled in their occupation, will not be eligible to apply for NSW nomination if invited:
• There are no exceptions to this rule 

‍

Not meeting the residency requirement

‍

• Applicants must currently be residing either in NSW or offshore, and have been doing so for a minimum of 3 months

‍

Unable to provide evidence for all EOI claims 

‍

• Applicants cannot claim credentialled community language points if their qualification has expired, their CCL certificate must be valid on the day they are invited to apply 
• Applicants cannot claim professional year points when they are not eligible, as their professional year must be in or close to their nominated occupation 
• Applicants are not allowed to claim points for skilled employment before the date they are deemed skilled in their occupation

‍

Invitation Rounds 

This is applicable to both the 491 Visa and the 190 Visa.

Invitation rounds do not have any set dates, neither are they announced beforehand. They occur throughout the financial year. The Department of Home Affairs cannot advise applicants on the dates of upcoming invitation rounds or provide the likelihood of an applicant’s EOI being invited for nomination. 

‍

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.