Tasmania's 491 Nomination Criteria 2023-2024

Suman Dua MARN 1800859Aug 18, 20238 min read

The Skilled Work Regional (Provisional) visa (subclass 491) is a provisional visa for skilled workers, allowing you to live and work in Tasmania for up to five years.

Nomination from Tasmania for this visa provides you with 15 additional points to help meet the Department of Home Affairs points test pass mark of 65 points.

State nomination and your application for a visa are two separate processes. The Tasmanian Government assesses your application for state nomination, and the Department of Home Affairs to assesses your Visa application.

Home Affairs criteria require you to:

• Have a points-test result of 65 or higher, inclusive of state nomination points;

• Have a positive skills assessment in your nominated occupation;

• Be under 45 years of age;

• Meet the minimum English language requirement of competent unless your assessing authority requires a higher level;

Some important things to note before we look at Tasmania's 491 criteria are:

1. Meeting the minimum nomination requirements published on their website does not guarantee that you will be offered a Tasmanian nomination. Only the most competitive Registrations of Interest will be selected to be invited to apply for nomination.

2. Candidates nominated for a Subclass 491 Skilled Work Regional (Provisional) visa will not be nominated for a permanent Subclass 190 Skilled Nominated visa in the future.

3. If you or any family members (including those who don't apply for nomination with you) owe fees to Tasmanian Government agencies, such as for education or health, the debt must be paid, or arrangements for payment must be made prior to seeking the nomination. You will be eligible for nomination once the debt has been paid or the agency has accepted a payment plan.

There are three steps involved with Tasmania's 491 nominations:

1. EOI- Expression of interest

2. ROI - Registration of interest Registration is free and valid for six months. You may register again if you are not invited to apply for nomination and your registration expires.

3. Nomination application- There is a non-refundable fee of $300 (plus $30 GST if in Australia) to apply for nomination.

The nomination pathways for the 491 visa.

Some important things to consider before we start looking at the Nomination pathways are:

• You must meet the minimum nomination requirements for your chosen pathway to register your interest and be considered for nomination.

• The priority attributes for each pathway are not required, but they will make you more competitive for a limited number of nominations.

• The more attributes you have, the better your chances of nomination and the sooner you may be invited to apply.

• When you register in the Gateway, depending upon your priority attributes, you will be given a Gold, Green, or Orange Pass, which will indicate your priority status. If you receive a Gold Pass, you can immediately apply for nomination. You will be invited to apply within the next six weeks if you receive a Green Pass. If you are given an Orange Pass, you may be invited to apply for nomination within the next six months, depending upon the volume of interest Tasmania has received and how many of the priority attributes you have. Suppose you are not invited to apply within six months. In that case, your registration will expire, and you will need to complete a new registration in the Gateway to be considered for a nomination invitation.

There are six different nomination pathways for a 491 visa, and each has different requirements and priority attributes that will determine your pass color. You may also need to possess one or more of the Priority Attributes listed for all pathways.

The six nomination pathway in Tasmania are:

1. Tasmanian Skilled Employment Pathway

2. Tasmanian Skilled Graduate Pathway

3. Tasmanian Established Resident Pathway

4. Tasmanian Business Operator Pathway

5. Overseas Applicant (Job Offer) Pathway

6. Overseas Applicant (OSOP) - Invitation Only Pathway

Tasmanian Skilled Employment Pathway

To be considered for this pathway, you must meet all the criteria below.

If you are working in a role classified as Skill Level 1 – 3 according to ANZSCO:

• You must have been working in Tasmania for at least six months immediately before your application. Your employment must average at least 20 hours per week over six months immediately before lodging your application.

• Suppose you have a skills assessment and related employment in an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL ). In that case, you may be eligible for nomination after three months of employment.

• You must currently live in Tasmania and intend to continue living in Tasmania (your dependents must not be living in another Australian state or territory).

• Your employment does not need to be related to your skills assessment.

• There must be a genuine, ongoing need for your position within the business (including a minimum 12-month contract with at least three months remaining when you apply for nomination).

• If you are a subcontractor, you may be considered for this pathway if you have a related skills assessment and at least 12 months of business activity in Tasmania.

• If your employment is unrelated to your skills assessment, you must have relevant qualifications or experience consistent with the ANZSCO definition for that role.

If you are working in a role classified at ANZSCO Skill Level 4 or 5

• You must have worked in Tasmania for at least twelve months immediately before applying. Your employment must average at least 20 hours per week over the 12 months before lodging your application.

• You must currently live in Tasmania and intend to continue living in Tasmania (your dependents must not be living in another Australian state or territory).

• Your employment must be ongoing for at least six months beyond the application date.

• There must be a genuine and demonstrated severe labor recruitment difficulty for the role, endorsed by your employer in a statement detailing the need for the position, local recruitment, and workforce development activities and strategies that have attempted to address that recruitment difficulty.

• You must have relevant qualifications or experience consistent with the ANZSCO definition for that role (see "additional details and definitions").

• There must be opportunities for career advancement endorsed in writing by your employer.

Please note that some occupations have caveats, and to qualify for gold or green priority attributes, employment must be skilled (ANZSCO 1-3) and meet the caveats. Employment that does not meet these caveats can be claimed as semi-skilled (ANZSCO 4-5) for orange attributes.

Tasmanian Skilled Graduate Pathway

All occupations are eligible for this pathway.

• You must have completed a course of study and obtained a letter of completion from a tertiary institution in Tasmania registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

• You must have lived in the state for at least one calendar year from the commencement of your course and for the duration of your studies.

• Your course of study must be AQF 5 (Diploma) or higher, or at least Certificate III related to an ANZSCO Major Group 3 or Group 4 occupation, and be listed on CRICOS with a duration of at least 40 weeks.

• Your course must have been completed full-time and on-site in Tasmania.

• You must currently be living in Tasmania and intend to continue living in Tasmania.

Tasmanian Established Resident Pathway.

To meet the requirements for this pathway:

• You must have been living in Tasmania for at least two years (with no more than 50 percent of total Australian residence period spent in another Australian state or territory) and currently be employed in Tasmania in either:

a. a role equivalent to ANZSCO Skill Level 1-3, including a cumulative six months experience at the same level in the last 12 months (a minimum of 20 hours per week),

b. a role equivalent to ANZSCO Skill Level 4 or 5, with a cumulative 12 months experience at the same level or higher in the last 18 months (a minimum 20 hours per week).

Tasmanian Business Operator Pathway.

To be considered for this pathway, you must meet all the criteria below.

Minimum requirements:

• You must demonstrate that you have established and operated a business (solely owned or co-owned with a spouse) in Tasmania for at least 12 months.

• Your business must have provided a personal taxable income to you of at least 85 percent of the Temporary Skilled Migration Income Threshold (i.e., currently $59,500).*

• You must show that you understand the responsibilities and requirements around treating employees fairly by completing key units on the Fair Work Ombudsman's online learning center.

• Owners of massage therapy businesses must have a related skills assessment and a verifiable health fund provider number.

• Subcontracting business owners are not eligible for consideration in this pathway.

Overseas Applicant (Job Offer) Pathway.

To be considered for this pathway, you must meet all the criteria below, including the Gold priority attribute.

All occupations are eligible for this pathway.

• You must have received a formal job offer for a job-based in Tasmania that is closely related to your nominated occupation.

• You, or any of your dependents, must not have lived in another Australian state or territory within the last 12 months.

• Your employer must have a well-established business that has been actively operating in Tasmania for at least 12 months.

• Your wages and conditions must be favorable to those that would apply to an Australian citizen or permanent resident, and your salary or wages must be equivalent to the local market salary rate.

• There must be a genuine and ongoing need for your position within the business and the capacity for the business to sustain your employment.

• Massage therapist positions must be located in a hospital, aged or disability care setting, or an allied healthcare setting such as a physiotherapy clinic.

To meet the Priority attributes for selection under the Gold category is:

Job offer from a well-established Tasmanian business directly related to skills assessment.

Overseas Applicant (OSOP) - Invitation Only Pathway.

To be considered for this pathway, you must meet all the criteria listed below, including the Gold priority attribute.

• Migration Tasmania has contacted you in writing, asking you to register on the Migration Tasmania Gateway (you will only be eligible for nomination if Migration Tasmania has first contacted you).

• Your nominated occupation must be listed in the Overseas Skilled Occupation Profiles.

• You, or any of your dependents, must not have lived in another Australian state or territory within the last twelve months.

• You must have access to sufficient financial assets to fund your migration and settlement in Tasmania for at least six months while you seek employment.

• If invited to apply for nomination, you must provide evidence of research into the Tasmanian job market. This can include:

a. Evidence of networking with employers / HR reps via email / LinkedIn or contact with recruitment agencies that specialize in your area of employment

b. Evidence should include your email/message as well as the response you have received

c. Communication with professional groups or industry associations in Tasmania relevant to your occupation. A list of professional associations and their contact details can be found on the Business Tasmania website.

• If invited to apply for nomination, you must provide personal research into recently advertised positions relevant to your nominated occupation (a minimum of two vacancies no older than six weeks before you apply for nomination).

• You must provide an employment statement for each advertisement explaining how your qualifications, knowledge, and experience relate to and meet the requirements for each job advertisement.

To meet Priority attributes for selection under the Gold category applicant must be Invited through Skill select by Migration Tasmania to register interest in Migration Tasmania.

Tasmania has the most complicated Nomination and Invitation process, and each pathway has its requirements and attributes. If you are considering applying for a nomination with Tasmania this Financial year, you may seek professional help. If you have any questions regarding your visa options, please book a consultation with us.

DISCLAIMER: The information shared by Nationwide Migration and Education on social media and blogs is for general informational purposes only. (The information is accurate at the time of publication but may be subject to change.) It is not legal or immigration advice and should not be relied upon as such. If you need immigration advice specific to your circumstances, please book a consultation with our Registered Migration Agent.