Nomination Places for Subclass 491 Visa Streams

The NSW Government has recently announced that a limited number of interim nomination places for the 2020-21 financial year have been exhausted.

Regional Development Australia (RDA) offices will shortly commence assisting NSW Treasury managing applications for NSW nominations for the subclass 491 visa once the additional allocation has been confirmed.

Under this new arrangement, each RDA will be responsible for setting their own eligible skilled occupations for nomination and accepting and assessing nomination applications. Information on applying for nomination through participating RDAs, including eligible skilled occupations, will be made available on their respective websites.

Meanwhile, nomination Criteria for a 491 visa in NSW will remain consistent across all regions as stated below.

The Applicant must meet all criteria in one of the following three streams to be eligible for NSW nomination:

  1. Living and working in regional NSW;

  2. recently completed study in regional NSW; or

  3. living and working outside of regional NSW.

Applicants who do not meet the criteria in one of these three streams may be refused unless otherwise agreed with NSW Treasury.

1. Subclass 491 Visa Applicant Living and Working in Regional NSW

To be eligible for NSW nomination under subclass 491 visa you must:

  • hold a valid skills assessment for an occupation that appears on your nominated region's occupation list;

  • have been living in a designated regional area of NSW for at least the previous 12 months; and

  • have been working in your nominated occupation, or a closely related occupation, in a designated regional area of NSW, for at least the previous 12 months.

2. 491 Visa Applicant Recently Completed Study in Regional NSW

To be eligible for NSW nomination under this stream you must:

  • hold a valid skills assessment for an occupation that appears on your nominated region's occupation list;

  • have completed study or education with an education provider, where:

    • the study was completed within the previous 24 months;

    • the education provider is located in a designated regional area in NSW;

    • the study meets the Australian study requirement (as determined by Home Affairs from time to time); and

    • the qualification obtained from this study has been assessed as closely related to your nominated occupation by the relevant assessing authority; and

  • have lived in a designated regional area of NSW while completing your study.

3. Skilled Work Regional Visa Applicant Living and Working Outside of Regional NSW

To be eligible for NSW nomination under this stream you must meet all the criteria for at least one of the following categories:

a. Job offer in regional NSW

To be eligible for NSW nomination under this category you must:

  • hold a valid skills assessment for an occupation that appears on your nominated region's occupation list;

  • have an offer for ongoing employment that is:

    • in your nominated occupation, or a closely related occupation; and

    • for a minimum term of 12 months and 35 hours of work per week;

  • have an offer for ongoing employment from an employer that is:

    • located in a designated regional area in NSW; and

    • registered in Australia.

b. At least five years of skilled employment experience (offshore Applicants)

If you reside outside of Australia, you must:

  • hold a valid skills assessment for an occupation that appears on your nominated region's occupation list; and

  • have at least five years of skilled employment in such nominated occupation, or a closely related occupation.

c. Family ties in regional NSW

To be eligible for NSW nomination under this category you must:

  • hold a valid skills assessment for an occupation that appears on your nominated region's occupation list; and

  • have an immediate family member in a designated regional area in NSW who satisfies all of the criteria below:

    • is either your grandfather, grandmother, father, mother, brother or sister (including by virtue of a step or adoptive relationship);

    • at least 18 years of age;

    • either an Australian Permanent Resident, an Australian Citizen or a NSW nominated provisional visa holder (489);

    • currently residing in a designated regional area in NSW; and

    • has been residing in a designated regional area in NSW for at least the previous 24 months,

    • and you must ensure that your family member has completed a statutory declaration to confirm that they satisfy each of the above chain migration requirements.

 

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.

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