NSW Nomination Requirements for (Subclass 491)

NSW Nomination Requirements for (Subclass 491)

Skill Work Regional Visa (Subclass 491) allows skilled migrants to live, work and study in designated regional areas for 5 years. This is a temporary visa with a PR pathway. Holders of subclass 491 visa will be eligible for Permanent Residence (Skilled Regional) visa (subclass 191) after 3 years.

NSW nomination Criteria:

NSW have two nomination pathways for its subclass 491 visa. Both pathways have the basic and additional eligibility criteria:

• Pathway 1 – Apply directly to Investment NSW if you have an established work history with a regional NSW-based employer.

• Pathway 2 – Be invited to apply by Investment NSW.

Basic Eligibility for both pathways:

To be considered for NSW nomination, you must meet the following minimum basic criteria:

•Visa eligibility: You must meet all visa requirements outlined by Home Affairs for this visa.

•Skills assessment: You must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.

•Residency: You must be either currently residing:

- in NSW and have continuously resided in NSW for a minimum period of three months; or

- offshore and have continuously resided offshore for a minimum period of three months.

Pathway 1 Additional Eligibility:

To apply directly under 'Pathway 1', you must be currently living and working in a designated regional area of NSW and have continuously done so for the past 6 months. Your qualifying skilled employment in the six months immediately before applying must be:

•With a single regional NSW-based employer working from an established business premises in regional NSW; and

•In your nominated (or closely related) occupation; and

Deemed skilled by NSW; and

•Paid a minimum of the TSMIT salary level of $70,000 (prorated if under 38 hours per week) from your qualifying employer in your nominated (or closely related) occupation in the 6 months immediately before applying.

Important note:

•Your qualifying skilled employment must occur after the date NSW deems you skilled in your occupation and must appear in your SkillSelect EOI.

•You must lodge your visa application onshore.

•You must not have a current visa application being decided by Home Affairs for a permanent visa.

Pathway 2 Additional Eligibility:

There is no additional eligibility for this pathway 2 but the following factors must be considered for this pathway.

Applicants must submit an EOI in SkillSelect, specifically requesting NSW nomination for this subclass 491 visa only if they meet the basic eligibility. NSW will not send an invitation to those EOIs that selected all states/subclasses. During 'Pathway 2' invitation rounds, NSW will prioritise EOIs in occupations that fall under NSW key industry sectors—Health, Education, ICT, Infrastructure and Agriculture. NSW did not mention that they will not send invitations to those occupations which are not in the priority occupations.

NSW nomination for this visa under 'Pathway 2' is exceptionally competitive. We strongly encourage anyone considering NSW nomination under 'Pathway 2' to consider all other migration pathways and not just wait to be invited to apply for NSW nomination.

Key Steps for Securing NSW Nomination

The NSW nomination process involves several crucial steps that are different for each nomination pathway:

Pathway 1 – Apply directly to Investment NSW if you have an established work history with a regional NSW-based employer. To apply directly for NSW nomination under 'Pathway 1' you must:

1.Check Eligibility: Before submitting your EOI in Skill Select, ensure you meet both the visa and NSW nomination eligibility requirements.

2.Submit Your EOI: If you meet the criteria, submit an EOI in Skill Select, specifically requesting NSW nomination for this visa only. Note: Your qualifying employment must be listed in your EOI.

3.Apply For Nomination: Apply for NSW nomination using the NSW online application form.

4Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment. NSW request all applicants to refrain from contacting them for updates during this period.

Pathway 2 – Be invited to apply by Investment NSW. To be considered for NSW nomination under 'Pathway 2' you must:

1.Check Eligibility: Before submitting your EOI in Skill Select, ensure you meet both the visa and NSW nomination eligibility requirements.

2.Submit Your EOI: If you meet the criteria, submit an EOI in Skill Select, specifically requesting NSW nomination for this visa only. Should you be invited to apply, you'll need to support every point claim in your EOI with valid (i.e. non-expired) documentation.

3.Be Invited: NSW holds invitation rounds ongoing throughout the financial year. All EOIs that meet the guidelines are considered, but preference is given to occupations in NSW target sectors.

4.Respond Promptly if Invited: You'll have 14 days to complete your application for NSW nomination after being invited. When you apply, you will need to provide valid documents to substantiate every claim made in your EOI. This 14-day window will not be extended.

5.Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment. NSW request all applicants to refrain from contacting them for updates during this period.

Understanding 'Pathway 2' Invitation Rounds and NSW Target Sectors

Invitation rounds are an integral feature of the NSW nomination process under 'Pathway 2'. Here are the essential points:

Invitation Rounds

•Timing: Invitation rounds occur throughout the financial year. There are no predetermined or publicly announced dates for invitation rounds.

•Selection: NSW considers multiple factors when selecting EOIs. These include migration points score, English language proficiency, and skilled work experience. NSW priorities EOIs submitted in NSW target sectors.

•Discretion: Invitation for NSW nomination is at the sole discretion of the NSW Government.

•Submission Date: The date you submit or amend your Skill Select EOI has no impact on your likelihood of being invited.

Important Information About Submitting an EOI in Skill Select for NSW Nomination

Submitting an EOI for NSW nomination under the Skilled Work Regional visa (subclass 491) requires careful attention. Don't miss these essential points:

1.EOI validity: Your EOI must remain valid for the entire assessment period.

2.EOI Changes: After you directly apply for NSW nomination under 'Pathway 1', or are invited under 'Pathway 2', you cannot modify your EOI.

3.Specific Visa and State: Your EOI must be exclusively for the Skilled Work Regional visa (subclass 491) and seeking nomination from NSW only.

4.Evidence of claims: You must provide evidence for all claims in your EOI with valid documents. Ensure these documents remain valid for at least five business days post-application.

5.Employment claims: NSW has specific guidelines on the date you can claim skilled employment. These guidelines are unique to NSW and failing to comply will lead to your application being declined.

Common Reasons Applications Are Declined

Before applying for NSW nomination make sure you meet NSW eligibility criteria. Failing to do so will result in your application being declined. Here are some common reasons why NSW declined the application:

•Modification of Skill Select EOI Post-Invitation: It is crucial to note that any modifications made to your Skill Select EOI after receiving an invitation will lead to the decline of your application. This is a strict policy with no exceptions. NSW verify the last modified date of the EOI during the application assessment to ensure compliance.

•Residency: To be eligible for NSW nomination, you must meet NSW residency requirement. Failure to meet this requirement will result in your application being declined.

•Skilled Employment Claims: If you claim employment before you are deemed skilled by NSW, your application will be declined. For details on when you can claim skilled employment, refer to NSW 'Common Questions About Skilled Visas' page.

•Points Claims: You must provide evidence that you were eligible to claim all points in your Skill Select EOI.

•Genuineness of Employment under Pathway 1: Applicants applying under 'Pathway 1' must genuinely meet the employment requirement. NSW conduct a thorough assessment of the applicant's eligible employment. Applications that do not meet this criterion will be declined.

NSW Target Sectors:

NSW's key industry sectors are Health, Education, ICT, Infrastructure, and Agriculture.

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