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Skills Select: State And Territory Government Nominated Permanent Visas (Subclasses 190 & 489)
The contents of this article are correct as at 18 April 2016.
An alternative pathway to independent skilled migration is for applicants to find a State or Territory Government to nominate them. State and Territory Governments are able to nominate an applicant for a permanent 190 visa, or a temporary 489 regional area visa which leads to permanent residency, if certain additional requirements are satisfied after grant of the visa. This article provides information about applying for a visa via this pathway, with information about the benefits and the pitfalls involved.
Why seek to be nominated by a State or Territory Government for a visa?
State and Territory nominated visas are an attractive option for people seeking to migrate to Australia, where they are not eligible to obtain a skills assessment in one of the occupations on the more limited Skilled Occupation List (Schedule 1; SOL) but who are able to obtain a skills assessment in an occupation on the Consolidated Skilled Occupation List (Schedule 2; CSOL).
State and Territory Governments have their own skilled occupations lists, which indicate the occupations they prefer to nominate based on skills shortages in their jurisdiction. Their lists of occupations generally contain occupations which are not found on SOL. In addition, while State and Territory Governments tend to have their own skilled occupation lists, they also have the flexibility to offer off-list nominations to applicants in any occupation on the CSOL.
Other attractive features of State and Territory Nomination include:
What to be aware of when seeking nomination by a State or Territory Government
Despite the advantages of the scheme, applicants need to be aware that:
Each State and Territory has its own procedures for processing nomination applications and the process is often not transparent. There is no external appeal right if the application is refused.
Most importantly, for all visa holders who apply for a General Skilled Migration visa under Skills Select, whether nominated or not, visa applicants must be able to substantiate all their claims. Where a claim cannot be substantiated the application will be refused.
If you are interested in applying for a permanent visa via State or Territory Nomination, or would like to know if this is an option for you, please click this link to contact Visa Lawyers Australia.
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