The requirements for the state nomination for a 190 visa are quite complex and vary from state to state. More importantly, such requirements constantly change depending on their needs even without notice. Considering that a state nomination is not guaranteed at any time, you are required to keep following relevant information and focus on feasible options only.
Introduction
Amongst many Permanent Resident visa options, most people aim to get a straight PR such as 189 and 190. Even if a Permanent Resident visa does not lavishly pour any income or assets, people prefer security over uncertainty in visa limbo, and it is understandable.
However, at least when speaking of General Skilled Migration, recent years taught us that the 189 (Skilled Independent) visa option is too fragile in terms of the Federal government’s policy application. Thus, the popularities of 190 and 491 visas are growing up despite some restrictive strings attached to those visas such as commitment to live in the nominating state’s territory. These 190 and 491 visas almost definitely require a state government’s nomination, it is a game changer whether you are invited for a nomination, as a such invitation for a nomination is as good as the actual invitation for a visa application through SkillSelect. In this article, we will intentionally confine our story to 190 visas, as we will prepare another one addressing 491 visas later.
Those who have prior experience and knowledge of state nominations would be familiar with the idea to contact the state government by way of begging, presenting their cases and negotiating their merits. Now, virtually this process has gone partly due to transparency. But the number of applicants is simply so many that the government does not want to be bothered with each applicant’s sales pitch.
If you have been searching for a state nomination, it may be because you believe that those are easier to get. However, the truth is that the most popular states receive tens of thousands of applications every year, and only a handful of them will be accepted. In other words: if your current visa status does not allow you to apply for the subclass 190 visa (or any other type of sponsorship), then there is no point in wasting time and money.
But what are some reasons why people don’t get invited? Below we’ve outlined five main reasons why this might happen:
1. You have not met the residency requirement.
Most states specify their residency requirements, as they value those who have already settled in their territory and don’t want to take a risk sponsoring people who might leave once a visa is granted. The residency requirement may vary from state to state depending on the type of visa. While there are some exceptions (e.g., Victoria), most states did not accept applications where the applicant’s principal place of residence has been outside Australia. In line with the federal government’s greeting of overseas skilled migrations, each state now offers nominations for overseas applicants. This means that there will be competition between onshore candidates and offshore candidates, as the number of state nominations is limited in the end.
2. Your occupation is not on the state's list of eligible occupations.
If your occupation is not listed in the State Nomination Occupation List, you will not be able to apply for a state nomination. This is because you are not eligible for the program. However, there are states such as Queensland and Victoria where the state governments do not specify their list as long as the applicants are eligible for the General Skilled Migration program. When turning your eyes to other states which maintain their State Nomination Occupation List, it changes frequently without notice and they differ from state to state. As such, a meticulous system to review those lists is quite crucial.
When considering in conjunction with the residency requirement, you can only reside in one state at a time. This forces you to foresee the near future, resulting in constant pain. You must have heard about the recent NSW state government’s sudden addition of a work experience requirement, a clear example of a bombshell catastrophe.
In addition to an implementation of the desired occupation list, some states require the 190 state nomination candidates to provide a piece of evidence that they have an ongoing employment contract with an employer who’s conducting its business in the jurisdiction of the relevant state. Even if this is not a legal requirement under the Migration Act 1958, those states have voiced out that they would nominate favourable candidates who have better chances of successful settlements in their territory.
3. You do not meet the minimum points requirement.
You do not meet the minimum points requirement set by the state governments. Some states do not specify minimum points for specific occupations. However, it is common to expect that states require minimum points to consider their nomination. All applicants must score at least 65 points to be eligible for a General Skilled Migration visa. Points are calculated based on your age, English proficiency, work experience, education and other factors. However, scarcity dictates market price and state nomination for a 190 visa is not an exception. As a result, each state government has implemented either external requirements or internal preferences as to required points for successful candidates for their desired occupations.
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Find out more4. Your stream may not attract sufficient attention from the beginning.
If you have not received an invitation for nomination, there is still hope. You can try again in the next round (if available). While this option may seem like a waste of time and money, it is worth considering if you are eligible for another stream or another state’s nomination programme. Having said that, please be mindful that each state in its implementation of various streams such as their home state graduates’ stream, offshore working candidates’ stream, and onshore, especially within their jurisdiction, workers’ stream, has limited quotas. This means that your chance to be a successful candidate is not only within your stream but also with other all candidates seeking the specific state’s invitation for a nomination.
If none of these options works out for you, then perhaps it’s time to consider other visa categories such as TSS employer sponsored visas or other provisional skilled migration programs such as 491. 189 visa sounds attractive only with one condition the competition is huge and you have no control over the federal government’s selection process.
5. Other miscellaneous reasons why your EOI or ROI did not get attention.
There are many reasons why your EOI or ROI did not get attention. These can be related to technical errors like spelling mistakes, or missing documents. They could also be related to your visa status, such as the fact that the NSW state government announced they would not invite a visitor visa holder as an onshore candidate.
If you are trying to figure out why you were not invited for a State Nomination, here are some of the most common reasons:
- You submitted SkillSelect EOI nominating various other states as your intended settlement states.
- You did not submit all required documentation during an invitation for the nomination process.
- The reason stated in your EOI or ROI was incorrect.
- Outdated EOI or ROI may raise some concerns.
Conclusion
It is important to understand that each state has its eligibility criteria and that the process can be quite competitive. The first step is to check whether your occupation is listed among those eligible for nomination or not. If it is not, then you need to find another stream that matches your occupation concerning the requirements of the state.
Remember that the requirements for the state nomination for a 190 visa are quite complex and vary from state to state. More importantly, such requirements constantly change depending on their needs even without notice. Considering that a state nomination is not guaranteed at any time, you are required to keep following relevant information and focus on feasible options only.
Park & Co Lawyers has a dedicated specialised immigration team, led by an Accredited Specialist in Immigration Law, Principal Lawyer, Chang Park. The team offers various online immigration services both free and paid, with which you can consult an expert immigration lawyer regarding your specific concerns in Australian immigration law.
Written by Chang Park
If you have any enquiries, contact Chang at [email protected].
[ Park & Co Lawyers – Disclaimer ]
Please note that the above is to be taken as a general guide only, and does not constitute legal advice in any respect. It does not reflect any changes in the relevant law or authorities since the date of publication.
Our Team of Immigration Lawyers, led by Chang Min Park, an Accredited Specialist in Immigration Law, have many years of experience and have handled a wide range of complex cases.
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