Understanding the complex landscape of Australian migration, especially for skilled workers interested in opportunities in specific regional areas, requires a strategic comprehension of the available pathways. One such option is the New South Wales (NSW) nomination for the Skilled Work Regional (Provisional) visa (subclass 491).
2 pathways for 491 visa nomination
- 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.
‘Pathway 2’ stands out as an exceptionally competitive route to secure NSW nomination for the 491 visa. As a result, the NSW government strongly advocates prospective applicants to thoroughly evaluate all migration pathways and not solely rely on an invitation to apply for the nomination.
How to correctly submit EOI in Skill Select
When expressing interest in NSW nomination for the Skilled Work Regional visa (subclass 491), meticulous attention is crucial. Ensure you do not overlook these key considerations:
- EOI validity: Your EOI must remain valid for the entire assessment period.
- EOI Changes: After you directly apply for NSW nomination under ‘Pathway 1’, or are invited under ‘Pathway 2’, you cannot modify your EOI.
- Specific Visa and State: Your EOI must be exclusively for the Skilled Work Regional visa (subclass 491) and seeking nomination from NSW only.
- 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.
- 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 for application refusals
Prior to seeking nomination, it is imperative to confirm your compliance with the eligibility criteria. Failure to meet these criteria will lead to the rejection of your application. Here are some frequently encountered reasons for application declination:
- Modification of SkillSelect EOI Post-Invitation: It is crucial to acknowledge that any adjustments made to your SkillSelect EOI after receiving an invitation will result in the rejection of your application. This policy is stringent, with no exceptions.
- Residency: Meeting the residency requirement is essential for NSW nomination eligibility. Failure to fulfill this criterion will lead to the declination of your application.
- Skilled Employment Claims: If you assert employment before obtaining recognition as skilled, your application will be declined.
- Points Claims: It is imperative to furnish evidence demonstrating your eligibility for all points claimed in your SkillSelect EOI.
- Genuineness of Employment under Pathway 1: Applicants opting for ‘Pathway 1’ must genuinely satisfy the employment requirement. NSW conducts a comprehensive assessment of the applicant’s eligible employment. Applications failing to meet this criterion will be declined.
More opportunities in other states/territories
For Subclass 190 and 491 visas, the Northern Territory (NT) Government grants nominations for individuals who meet the visa eligibility criteria set by the Australian Government’s Department of Home Affairs. The visa applicants must demonstrate strong employment outcomes in the NT and a long-term commitment to the NT workforce.
To thoroughly explore and discuss your unique circumstances and the possibility of obtaining a nomination for the NSW 491 visa, it is highly advisable to seek guidance from immigration professionals and experienced lawyers. As changes and updates may arise in the future, it is essential to have a trustworthy and dependable partner who can assist you with your application, ensuring the best possible course of action.
Sources: https://www.nsw.gov.au/visas-and-migration/skilled-visas/skilled-work-regional-visa-subclass-491
