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  • 23/09/2024

State Migration Policies in Australia: An Overview

The State manages the nomination process while the Department of Home Affairs manages the visa application process. Each state and territory’s migration policy reflects its unique priorities, whether it’s addressing high demand for certain skills, encouraging regional development, or supporting local business growth. Understanding these nuances is crucial for prospective migrants to navigate the opportunities and challenges in each region.

Australia’s skilled migration policies vary from state to state, with each region tailoring its program to address local workforce needs, economic priorities, and regional growth objectives. Each state and territory nominates skilled migrants for permanent and provisional visas, including the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491). These migration programs focus on attracting talent in key sectors to bolster local economies and address skill shortages.

On 14 May 2024, the Australian Government announced that the planning levels for the 2024–25 permanent Migration Program (Migration Program) will be set at 185,000 places including 16,900 (30,375 places in 2023-2024) places for skilled independent and 33,000 places (32,300 places in 2023-2024) for State/Territory Nominated (30,400 places in 2023-2024).

2024-25 State and Territory Nomination Allocations

State Skilled Nominated (190) Visa Skilled Work Regional (491) Visa
ACT
1,000
800
NSW
3,000
2,000
NT
800
800
QLD
600
600
SA
3,000
800
TAS
2,100
760
VIC
3,000
2,000
WA
3,000
2,000
Total
16,500
9,760

While the federal government manages the overarching framework for migration, each state has its own criteria for nominating migrants through the Skilled Migration Program, which is crucial in attracting skilled workers to meet local demand. The information for requirements and processes can be found at their own migration website. In this overview, we examine the migration policies of several Australian states and territories.

New South Wales (NSW)

Migration Program Overview: New South Wales (NSW) operates a comprehensive migration program to attract skilled professionals to Sydney and regional areas across the state. The program primarily focuses on the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Occupation Lists: NSW maintains occupation lists that detail which skills are in demand within the state. These lists are periodically updated to reflect the needs of the local labor market. Occupations in health, education, ICT, infrastructure, and agriculture are in high demand in places like Wagga and Armidale. The lists are divided into categories for metropolitan and regional areas.
  • Points-Based System: NSW uses a points-based system to assess candidates. Points are awarded for various factors, including age, English language proficiency, work experience, and qualifications. Higher points increase the chances of receiving a state nomination.
  • Residency requirement:
    • Subclass 190: in NSW and have continuously resided in NSW for a minimum period of six months; or offshore and have continuously resided offshore for a minimum period of six months.
    • Subclass 491: 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.
  • Competitive Level: The high level of competition for skilled visas in NSW means many applicants face long waiting periods. Additionally, the state’s reliance on sectors like healthcare and technology can make it difficult for professionals in other industries to receive nominations.

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Receive Invitation: If your application is successful, you will receive an invitation from NSW to apply for state nomination.
  3. Apply for Visa: Upon receiving a nomination, apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference

  • NSW Government: https://www.nsw.gov.au/visas-and-migration

 

Victoria (VIC)

Migration Program Overview: Victoria’s migration program is designed to attract skilled workers to meet its economic and labor market needs. The state operates both the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Registration of Interest (ROI): Victoria uses an ROI system where candidates submit an EOI through SkillSelect and then apply directly to Victoria for nomination. The ROI system allows the state to manage and prioritize applications based on its specific needs.
  • Occupation Lists: Victoria maintains a list of high-demand occupations that align with its economic and sectoral needs. The state periodically updates this list to reflect changes in the labor market. As one of Australia’s key economic hubs, Victoria’s migration policies focus on attracting skilled professionals in sectors such as healthcare, technology, engineering, and education. With a vibrant cultural scene and a growing economy, Victoria remains one of the most sought-after destinations for skilled migrants.
  • Residency requirement:
    • Subclass 190: To be eligible for a Skilled Nominated (subclass 190) visa nomination, you must be residing in Victoria. If you are currently living overseas (offshore), you are also eligible to apply, provided you are committed to relocating and living in Victoria.
    • Subclass 491: If you are living in Melbourne, you can still apply for Victorian nomination for the Skilled Work Regional (Provisional) visa (subclass 491). However, once granted the visa, you will be required to move to regional Victoria. Similarly, if you are living overseas (offshore), you are eligible to apply, with the expectation that you will relocate to regional Victoria upon receiving the visa.

 

Application Process:

  1. Submit an EOI through SkillSelect.
  2. Complete and submit an ROI to Victoria.
  3. If nominated, apply for the relevant visa through the Department of Home Affairs.

 

Reference:

  • Victoria’s Skilled Migration: https://liveinmelbourne.vic.gov.au/migrate

 

Queensland (QLD)

Migration Program Overview: Queensland’s migration program is aimed at addressing skill shortages in both metropolitan and regional areas. The state provides pathways through the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Occupation Lists: Queensland has separate occupation lists for metropolitan and regional areas. The lists are updated regularly to reflect the state’s current labor market needs.
  • Points-Based System: Queensland uses a points-based system to assess candidates. Points are awarded for factors like occupation, work experience, and qualifications. Higher points increase chances of receiving a nomination.
  • Significant Cut: As Queensland’s population grows, the state may face infrastructure challenges, particularly in housing. A reduction in skilled migration could ease the pressure on housing markets and public infrastructure. The reduction in skilled migration could also be part of a broader strategy to encourage the growth of the domestic workforce. This might involve more investment in local training and education programs aimed at upskilling Queensland’s own population to fill workforce shortages, reducing reliance on skilled migration in the long term.

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Complete and submit an ROI to Queensland.
  3. Receive Invitation: If selected, receive a nomination from Queensland.
  4. Apply for Visa: Upon receiving a nomination, apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference:

  • Queensland Skilled Migration: https://www.migration.qld.gov.au/

 

Western Australia (WA)

Migration Program Overview: Western Australia’s migration program focuses on attracting skilled workers to Perth and regional areas across the state. The state offers the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Skilled Occupation List (WA SOL): WA has a specific Skilled Occupation List detailing high-demand occupations in the state. This list is used to guide the nomination process.
  • Points-Based System: WA uses a points-based system to assess candidates. Points are awarded for factors such as age, work experience, qualifications, and English language proficiency.
  • Streamlined Processes: WA’s migration program is divided into several streams to cater to different types of skilled migrants:
    • General Stream: For skilled professionals with occupations on the WA Skilled Occupation List, focusing on high-demand sectors such as IT, engineering, and healthcare.
    • Graduate Stream: For international students who have completed their studies in WA and have skills that meet the state’s needs.
    • Business and Investor Stream: For individuals who are interested in starting or investing in a business in WA. This stream aims to attract business migrants who can contribute to the state’s economic development.
  • Regional Incentives: WA encourages migration to regional areas with additional points and incentives for the Skilled Work Regional Visa (subclass 491).

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Receive Invitation: Receive an invitation from WA.
  3. Apply for Visa: Apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference:

  • Western Australia Skilled Migration: https://migration.wa.gov.au/our-services-support/state-nominated-migration-program

South Australia (SA)

Migration Program Overview: South Australia’s migration program addresses skill shortages in both Adelaide and regional areas. The state provides pathways through the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Skilled & Business Migration Program: South Australia operates a comprehensive migration program that includes both skilled and business migration pathways. An ROI system is used to manage applications.
  • Occupation Lists: South Australia maintains a list of occupations in demand, which is regularly updated to reflect local needs.
  • Points-Based System: Candidates must meet the points requirements and demonstrate their ability to contribute to the state’s economy. Additional points are awarded for regional migration.

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Complete ROI: Submit a Registration of Interest (ROI) to South Australia, providing details about your skills and reasons for wanting to migrate to the state.
  3. Receive Nomination: If your ROI is successful, receive a nomination from South Australia.
  4. Apply for Visa: Apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference:

  • South Australia Skilled Migration: https://www.migration.sa.gov.au/

Tasmania (TAS)

Migration Program Overview: Tasmania’s migration program is designed to attract skilled workers to both urban and regional areas within the state. The program includes the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Registration of Interest (ROI): Tasmania uses an ROI system where candidates express their interest in state nomination after lodging an EOI. This helps manage and prioritize applications based on current needs.
  • Occupation Lists: Tasmania has a list of in-demand occupations which is updated regularly to align with local economic needs.
  • Regional Migration Incentives: Additional points and incentives are offered for migrants who choose to live and work in regional areas of Tasmania.

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Submit ROI: If invited, submit a Registration of Interest (ROI) to Tasmania detailing your skills and commitment to living in the state.
  3. Receive Nomination: If selected, receive a state nomination from Tasmania.
  4. Apply for Visa: Apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference:

  • Migration Tasmania: https://www.migration.tas.gov.au/

Australian Capital Territory (ACT)

Migration Program Overview: The ACT’s migration program targets skilled workers for Canberra and the surrounding areas. The state offers the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Matrix System: The ACT’s nomination program is based on a points matrix system, where applicants are awarded points for various factors, such as employment status, length of residence in the ACT, English language proficiency, and education. Unlike other states, the ACT’s matrix system also rewards applicants who have been actively living and working in Canberra for a period of time.
  • Occupation Lists: The ACT maintains a Critical Skills List that outlines occupations in high demand within the territory. even there is cap on each occupation monthly. Those who rank high enough score will receive an invitation to apply for ACT nomination.
  • Demands: As the ACT has a smaller population compared to other states, its skilled migration intake is relatively limited. However, this allows the ACT government to be highly selective, focusing on attracting professionals in sectors that have immediate workforce shortages.

 

Application Process:

  1. Submit an EOI through SkillSelect.
  2. Register your interest by completing the Canberra Matrix.
  3. Wait for your Matrix to be selected and ranked
  4. Apply for ACT nomination if invited.

 

Reference:

  • ACT Migration: https://www.act.gov.au/migration

Northern Territory (NT)

Migration Program Overview: The Northern Territory’s migration program focuses on attracting skilled workers to both urban and remote areas. The NT offers the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491).

Key Features:

  • Occupation Lists: The NT maintains a list of occupations that are in high demand, reflecting the specific needs of the Territory’s economy.
  • State Nomination Criteria: Candidates need to demonstrate their commitment to living in the Northern Territory, which may include having a job offer or relevant work experience in the region.
  • MINT Program Status: The MINT (Migration and Investment Program) was a key initiative to attract skilled migrants and investors to the NT.
    • Skilled Migration Stream: For individuals with skills in occupations listed on the NT’s Skilled Occupation List. This stream is designed to address specific skill shortages.
    • Business and Investor Stream: For those interested in investing or starting a business in the NT. This stream encourages economic development and job creation within the Territory.

 

Application Process:

  1. Submit an EOI: Complete and submit an Expression of Interest (EOI) through SkillSelect.
  2. Apply for Nomination: Submit a state nomination application to the NT based on your occupation and commitment to the Territory.
  3. Receive Nomination: If nominated, receive an invitation from the NT.
  4. Apply for Visa: Apply for the Skilled Nominated Visa (subclass 190) or the Skilled Work Regional Visa (subclass 491) through the Department of Home Affairs.

 

Reference:

  • Migration NT: https://theterritory.com.au/migrate

The State manages the nomination process while the Department of Home Affairs manages the visa application process. Each state and territory’s migration policy reflects its unique priorities, whether it’s addressing high demand for certain skills, encouraging regional development, or supporting local business growth. Understanding these nuances is crucial for prospective migrants to navigate the opportunities and challenges in each region.

Click Here to Get Help with Your Visa
Written by Clay Li
If you have any enquiries, contact Clay 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. 
 
We always welcome your enquiries, and we are more than happy to assist you.
Contact us: 07 3345 6665 / [email protected]
Website: https://parklawyers.com.au
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