In this blog today, we will be talking about Tasmania’s 491 nomination criteria. 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 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:
Meeting the minimum nomination requirements published on their website does not guarantee that you will be offered Tasmanian nomination. Only the most competitive Registrations of Interest will be selected to apply for nomination.
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.
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 nomination. You will not be eligible for nomination until the debt has been paid or a payment plan has been accepted by the agency.
There are three steps involved in Tasmania’s 491 nomination:
EOI- Expression of interest
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.)
Nomination application
Today's blog will look at the nomination pathways for a 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 for nomination.
When you register in the Gateway, depending on 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 will immediately be able to apply for nomination. If you receive a Green Pass, we aim to invite you to apply within the next eight weeks. If you are given an Orange Pass, you may be invited to apply for nomination within the next six months, depending on the volume of interest we have received and how many of the priority attributes you have. If you are not invited to apply within six months, your registration will expire, and you will need to complete a new registration in the Gateway to be considered for a nomination invitation. If your registration does expire, you will receive an automatic email notifying you of the expiry. Please note that this year, Tasmania has introduced the Orange Plus pass as well.
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 pathways are:
Tasmanian Skilled Employment Pathway
Tasmanian Skilled Graduate Pathway
Tasmanian Established Resident Pathway
Tasmanian Business Operator Pathway
Overseas Applicant (Job Offer) Pathway
Overseas Applicant (OSOP) - Invitation Only Pathway
Let’s look at the first one.
1. Tasmanian Skilled Employment PathwayTo 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 prior to your application. Your employment must average at least 20 hours per week over the six-month period immediately prior to lodging your application.
If you have a skills assessment and related employment in an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL), you are eligible for nomination after three months of employment.
You must currently be living 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 at the time you apply for nomination).
If you are a subcontractor, you may be considered in this pathway if you have a related skills assessment and at least 12 months of business activity in Tasmania.
If your employment is not related to your skills assessment, you must have relevant qualifications or experience consistent with the ANZSCO definition for that role (see “additional information, exclusions and definitions”).
If you are working in a role classified at ANZSCO Skill Level 4 or 5:
You must have been working in Tasmania for at least twelve months immediately prior to your application. Your employment must average at least 20 hours per week over the 12-month period prior to lodging your application.
You must currently be living 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 in place 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 information, exclusions and definitions”).
There must be opportunities for career advancement, endorsed in writing by your employer.
Now let’s look at the second pathway, which is the 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.
The third nomination pathway is 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 the total Australian residence period spent in another Australian state or territory) and currently be employed in Tasmania in either:
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), or
A role equivalent to ANZSCO Skill Level Skill Level 4 or 5, with a cumulative 12 months experience at the same level or higher in the last 18 months (a minimum of 20 hours per week).
The fourth nomination pathway for subclass 491 is 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 $62,178).
You must show that you have an understanding of 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.
For all pathways discussed, apart from meeting the minimum criteria, you may also need to possess one or more of the Priority Attributes listed for this pathway.
The fifth nomination pathway for subclass 491 is 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 that is based in Tasmania and 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 the past 12 months.
Your wages and conditions must be
If you have any questions regarding your visa options, please book a consultation.
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.
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