190 State Nominated Visa Lawyer

Subclass 190 Visa allows individuals, nominated by Australian States and Territories, to apply for permanent residency. The skills must be demonstrated by the necessary qualification(s) and experience in the field related to an eligible occupation for which the State or Territory experiences labour shortage. Each State and Territory ascribes additional requirements in order to address the needs of their local labour market.

 

Eligibility Criteria

 

To qualify for a Subclass 190 in this stream, the applicant must:

• Be in an eligible occupation;
• Be nominated by an Australian State or Territory;
• Be invited on SkillSelect to apply;
• Have a positive skills assessment from no more than 3 years ago;
• Have competent English; and
• Have the same Schedule 6D points as claimed in the Expression of Interest.

 

Occupations

Each State and Territory drafts and publishes their own strategic list of occupations to combat their issue of addressing labour shortage. Therefore, applicants must check with the State or Territory by which they seek to be nominated prior to starting the application process.

 

Skills Assessment

For each eligible occupation, an authority is tasked with assessment of the suitability of applicants for the corresponding occupation. This process of assessment is known as “Skills Assessment.” Each assessor operates with its own standards, procedures and prerequisites. For certain occupations, multiple bodies may conduct skills assessments for migration purposes.

 

State Nomination

When submitting an EOI, the applicant is to select a State or Territory to be considered for nomination. The procedures for the nomination applications vary across the State and Territories. Some States may separate applicants into cohorts, ascribing different criteria to each. Others may modify the standards for specific occupations, requiring additional work experience, higher points or superior English test results. The majority of States and Territories require the applicants to live or have studied in their jurisdiction in order for their nominations to be issued. Meeting the eligibility criteria does not guarantee a nomination as it depends on matters subsisting in their region.

 

Schedule 6D Points Test

• State or Territory Nomination
  • 5 points

• Age
  • Not less than 18 and under 25 – 25 points 
  • Not less than 25 and under 33 – 30 points 
  • Not less than 33 and under 40 – 25 points 
  • Not less than 40 and under 45 – 15 points

• English
  • Competent English – 0 points
  • Proficient English – 10 points
  • Superior English – 20 points

• Overseas Employment Experience in the Last 10 Years
  • 36 months – 5 points
  • 60 months – 10 points
  • 96 months – 15 points

• Australian Employment Experience in the Last 10 Years
  • 12 months – 5 points
  • 36 months – 10 points
  • 60 months – 15 points
  • 96 months – 20 points

NOTE: You cannot claim more than a total of 20 points for all work experience in Australia and overseas

• Australian Professional Year (IT, Engineering and Accounting only)
  • Completed within the last 48 months – 5 points

• Education
  • Recognised qualification – 10 points
  • Trade qualification – 10 points
  • Diploma – 10 points
  • Bachelor’s Degree – 15
  • Doctorate – 20

NOTE: You can only claim one set of points for your highest level of qualification. The bachelor qualification or other qualification does not have to be related to the applicant’s nominated occupation.

• Specialist Education – Masters by Research or Doctoral Degree
  • Qualification competed in a specified field – 10 points

• Australian Study
  • Degree, diploma or trade qualification completed in Australia – 5 points

• Regional Study
  • Degree, diploma or trade qualification completed in regional Australia – 5 points

NOTE: You may claim points for both Australian study and regional study for a total of 10 points collectively.

• NAATI Certification in a Community Language
  • Certified translator or interpreter in a specified language – 5 points

NOTE: Not all languages are classed as community languages

• Partner Qualifications (Non-citizen Non-permanent Resident Partners Only)
  • Partner has competent English – 5 points 
  • No partner – 10 points
  • Partner is under 45 and has a positive skills assessment for an eligible occupation – 10  

NOTE: Only one of the above may be claimed

 

Applicable Public Interest Criteria

4001, 4002, 4003, 4004, 4005, 4010, 4020, 4021 and 4019 (if applicable)

 

Applicable Special Return Criteria

5001, 5002 and 5010

 

Conditions

No conditions attached to Subclass 190 visas.

 

Application Charges

First instalment payable at the time of application;

• Base application charge: $4,240
• Additional applicant charge for an applicant who is at least 18: $2,120
• Additional applicant charge for an applicant who is less than 18: $1,060

Second instalment payable prior to visa grant;

• Applicants aged 18 and over who do not demonstrate functional English: $4,885

 

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