If you are interested in migrating to Australia and living in Canberra, you may be eligible to apply for ACT nomination of a Skilled Migration visa.

The Australian Capital Territory (ACT) offers Territory nomination under the following skilled migration streams:

• Skilled Regional work (provisional) visa (subclass 491)
• Skilled Nominated (permanent) visa (subclass 190)

You must read the ACT nomination guidelines carefully to make sure that you are eligible to apply for ACT nomination.

If you are eligible, you can formally express an interest in applying for ACT nomination by completing a score-based ‘Canberra Matrix’ where you are allocated points against demonstrated economic contribution or benefit and/or a genuine commitment to be part of the ACT community.

Each month, the highest-ranked candidates under the scoring system will then be selected and invited to apply for ACT 491 / 190 nomination.

New South Wales (NSW)

NSW is welcoming business migrants and entrepreneurs who want to set up a business or invest in New South Wales.

Applications for subclass 188 visa nomination close 5pm (AEST) Monday 31 May 2021

NSW will close to new applications for all streams of the 188 visas from 5 pm Monday 31 May 2021.

This is to ensure all applications for NSW nomination submitted before this time can be processed prior to the changes being implemented by the Department of Home Affairs on 1 July 2021.

We strongly encourage you to submit a complete application to ensure it can be finalised by 30 June 2021.

View the list of Permanent and Retirement Visas below for the NSW Business and Investment Migration Stream.

Business Talent (Permanent) visa (subclass 132) – Significant Business History stream

A visa is for experienced business owners under the age of 55 with a successful business career to operate a new or existing business in NSW.

Business Innovation and Investment (Permanent) visa (subclass 888A) – Business Innovation stream

This visa allows you to continue to own and manage a business in NSW if it has been actively operating throughout the last two years.

Business Innovation and Investment (Permanent) visa (subclass 888B) – Investor stream

A permanent visa that lets you continue investment and business activity in NSW if you have maintained your designated investment in NSW Waratah Bonds throughout the provisional visa period.

Business Innovation and Investment (Permanent) visa (subclass 888C) – Significant Investor stream

This visa lets you continue your investment activities in Australia permanently.

Business Innovation and Investment (Permanent) visa (subclass 888E) – Entrepreneur stream

A permanent visa that you continue your successful entrepreneurial activity in NSW if you reside in NSW.

Business Owner (Permanent) visa (subclass 892)

A visa that allows people who own and manage a business in Australia to stay in Australia indefinitely. The primary applicant must have a qualifying visa granted on a particular basis.

Investor (Permanent) visa (subclass 893)

A permanent resident visa for holders of a sponsored investor (provisional) visa (subclass 165) who have held a designated investment of $750,000 AUD for 4 years.

Investor Retirement visa (subclass 405) – Rollover

A temporary visa for self-funded retirees who have no dependents and want to live in Australia during their retirement years.

Skilled Work Regional visa (subclass 491) NSW

As of MAY 2021, the following participating regions for the below needed occupations are still in effect:

“MEDICAL PRACTITIONERS”

Medical Practitioners looking into opportunities, regions such as Northern Rivers, The Orana, Northern inland, Far West and Far South Coast are showing as having available needs.

“NURSES”

Nurses looking into opportunities, the majority of NSW regional areas are showing as having available needs.

“Engineers”

Mechanical Engineers & Electrical Engineers looking into opportunities, the majority of the NSW regional areas are showing as having available needs. For Civil Engineers, The Orana, The Hawksbury & Blue Mountains in Sydney, Northern inland, and Far South Coast are showing as having available needs.

“Accountants”

The Orana RDA now sponsors accountants.

Many regions have dramatically increased the occupations available but most now only accept applicants from stream 1 and stream 2 pathways.

Please check the ‘Designated Regional Areas (RDA)’ webpage for the individual requirements, which can be found at The Department of Home Affairs. Click here for the list.

2020-21 Financial Year Update – NSW

Regional Development Australia (RDA) offices will begin assisting NSW Treasury manage the subclass 491 visa in 2021.

Each RDA office will accept and assess applications, and determine eligible occupations for their respective regions; however, nomination criteria is consistent across all regions. These criteria are outlined below.

Information about how to apply will be made available on RDA websites as soon as possible. Links to participating region websites can be found below.

RDA offices will focus on nominating applicants who are undertaking skilled work in critical sectors. These applicants are a priority for Government in supporting economic recovery following the impacts of COVID-19.

Nomination criteria

You must meet the 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.

‘Closely related occupations’ are defined as those having the same ANZSCO unit group, i.e. sharing the same first four digits.

‘Designated regional areas’ are determined by Home Affairs. Please see their website for a list of regional NSW postcodes.

1. Living and working 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 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. 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. 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:

1. 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.

1. At least five years 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.

1. 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.

Alternative migration options for NSW

NSW nomination for the Skilled Work Regional (Provisional) visa (subclass 491) is just one of a number of visa options for prospective skilled migrants. There is a range of visas offered by Home Affairs, including both temporary and permanent employer nominated visas.

Queensland

LATEST NEWS from the Queensland migration programs and pathways – MAY 2021

BSMQ State Nomination Program

• The Skilled Work Regional (Provisional) visa (subclass 491) is CLOSED.
• EOIs for the 491 from 1–7 February 2021 and 19–25 April 2021, are currently being processed.
• Queensland 491-SBO (Small Business Owners) Pathway is OPEN.
• Please note: amended requirements for 491-SBO commenced 1 April 2021.
• The Skilled Nominated (Permanent) visa (subclass 190) is CLOSED.
• Subclass 190 EOI’s submitted from 1–7 February 2021 will continue to be processed.
• The Business Program is CLOSED.
• Business EOIs submitted up until 24 February 2021 will continue to be assessed up until the below deadlines.

The Skilled Work Regional (Provisional) Subclass 491 visa (from 65 points and above)

Only onshore applicants working in Queensland will be considered.

The Subclass 491 visa is open to COVID critical skill or sectors as previously outlined:

• Air Ambulance, Critical Medical, Medical Technology,
• Engineering, Critical Infrastructure, Supply Chain,
• Telecommunications, Film & Television Production,
• Maritime Industry, Agricultural Technology Food Technology,
• Mining, Emerging Technology, Financial Technology, and
• Large Scale Manufacturing.

Please note: there is no specific skills list for the above, however applicants must meet one of the critical skills or sectors as listed above and email migration@qld.gov.au detailing how you meet this, including details of employer and role, and how this position is assisting in the COVID response or recovery.

While they are accepting new EOIs, there is a significant backlog of 491 EOIs yet to be processed, therefore it could be a number of weeks before you receive an invitation.

Please note: not all applicants will receive an invitation due to limited quota available.

Please refrain from contacting BSMQ regarding your place in the queue as this significantly impacts our processing times and ability to provide you with a nomination.

491- SBO (Small Business Owner) Pathway

The 491-SBO (Small Business Owners) pathway is OPEN.

IMPORTANT: Applicants need to submit a 491-SBO Assessment Form prior to submitting an Expression of Interest (EOI), so that your EOI will be picked up.

From 1 April 2021, the pre-existing business purchased will need to have been in operation for 2 years instead of 1 year.

There will also need to be a minimum purchase price of $100,000 (rather than total investment in the business).

Furthermore, commission agents or leasing agents of franchises (such as petrol stations), and home-based businesses (such as courier and cleaning businesses) will not be considered.

These requirements are aimed at ensuring the program is sustainable in the long-term.

Please note: businesses that have been purchased prior to 1 April 2021 are not subject to these requirements, however there must be a valid contract provided for the business before this date (ie business must have settled).

Business Program

The BSMQ business program closed at 12am (midnight AEST) on 24 February 2021. EOIs submitted on Skillselect before this time will picked-up and considered for nomination.

Applications already invited and under consideration will continue to be assessed until the dates outlined below.

Subclass 132 visa applicants
Subclass 132 applicants who have received an invitation to upload documents must submit all supporting documents by Tuesday 20 April 2021.

This is the last cut off date to upload documents, as the final nomination date for nomination to the Department of Home Affairs is Tuesday 27 April 2021.

If you are unable to submit your documents by Tuesday 20 April 2021, your application will be closed.

Your subclass 132 visa application must be lodged with the Department of Home Affairs within 60 days of nomination, and the latest, by 30 June 2021. From the 1 July 2021 the subclass 132 stream will cease.

Subclass 188 applicants

Subclass 188 applicants who have received an invitation to upload documents must submit all supporting documents in the two-week period provided by BSMQ. Failure to do so could see the invitation cancelled.

The last cut off date to upload documents to BSMQ for the subclass is Friday 18 June 2021.

The last date for nomination by BSMQ under the current 188 criteria is 30 June. However, you can submit your visa application to Home Affairs after this date, as long as it meets the normal 60 day requirement.

If you receive a nomination from 1 July 2021 by BSMQ you will be subject to the new subclass 188 criteria.

South Australia

Skilled Migration Program Update MAY 2021

The Skilled & Business Migration team continues processing all nominations received for South Australia’s skilled migration programs.

Decisions on state nomination applications will be reflected in the ‘My Application’ section on the South Australian Skilled & Business Migration portal.

Please be advised that offshore applicants with an existing EOI in SkillSelect may be invited to directly apply for state nomination in the current program year. These applicants have already been identified from a defined range of critical sectors.

Further information regarding our offshore program, including occupations available, will be provided in conjunction with our 2021-2022 program opening in July 2021.

Tasmania

2020–2021 Program Update – MAY 2021

Demand for places remains high and no changes to assessment guidelines or processes will be made.

Tasmania will continue to accept applications for subclass 491 and 190 nominations until Friday, 11 June 2021 (5:00pm AEST).

The 2021-22 State Nomination Program is expected to commence with a full quota in July 2021.

Application status

Subclass 190 – all nomination applications received by Friday, 11 June 2021 are expected to be considered and finalised before Wednesday, 30 June 2021.

Subclass 491 – nomination applications are continuing to be processed on an ongoing basis and eligible candidates ranked and nominated according to the priorities below

Applications that do not meet the eligibility criteria or are not ranked as sufficiently competitive will be declined nomination.

Nomination priorities

1. Critical employment – health, allied health, technology, infrastructure, engineering, technology – with a relevant skills assessment.
2. Tasmanian Skilled Occupations List related employment and with a relevant skills assessment.
3. Other skilled employment (ANZSCO 1-3) with a relevant skills assessment or business owners employing Australian citizens or permanent residents.
4. All other eligible candidates, depending upon likely contribution to the local economy.

Applications are being considered according to these priorities, with those in critical roles nominated first.
Existing applicants who are not in critical roles are being considered only after priority applications for critical roles have been processed.
In practice, applications in priority categories 1-3 are assessed on an ongoing basis.
Periodically, other eligible applicants will be nominated if sufficient quota places are available.

Critical roles

For Tasmania critical roles include people:

• engaged by Tasmanian Government and directly assisting in Tasmania’s COVID-19 response
• providing critical or specialist medical services or delivering medical supplies potentially associated with the COVID-19 response including all general nursing and medical positions with the Tasmanian Health Service
• directly involved in the supply of essential goods and services (medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production and the maritime industry) including highly skilled and specialised roles in:
  • infrastructure engineering and maintenance such as dams, large-/high-complexity bridges, irrigation schemes, transport logistics and planning and maintenance
  • agriculture such as artificial insemination technicians, wool classers, livestock pregnancy scanners
  • the supply of essential goods and services which would be in jeopardy without the applicant

• delivering services in sectors critical to economic recovery such as financial technology, large scale manufacturing, film and television production and emerging technology which:
  • are high-value/highly-skilled/specialised roles
  • would normally include a significant and recognised contribution to export income, significant flow-on employment and economic benefits, high-value national/international exposure.

Lower skilled positions such as retail workers, harvest labour, delivery drivers, or warehouse staff are not considered to be critical roles.
Applications which are not able to be considered and ranked by Wednesday, 30 June 2021 will be closed and the service fee refunded.
Applications will not be refunded if they are processed but not ranked high enough to be nominated.
Competitive applicants with an expiring visa and no viable further visa options (such as subclass 485) may be considered as a priority where skilled employment is at risk, however visa expiry alone cannot be considered for prioritised assessment.

Applicants may first want to explore other visa options, including the Department of Home Affairs’ subclass 408 Pandemic Event stream visa.