Immigration Lawyers and Migration Agents

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New South Wales (NSW) intends to commence invitation rounds for the Skilled Nominated visa (subclass 190) next week. NSW will no longer rely on specific ANZSCO unit groups to compile a skills list. Instead, it's adopting a dynamic sector-focused strategy to meet the demands of the job market.

NSW Target Sectors

The priority sectors identified by NSW closely mirror the current skills shortages within the state. These key areas include:
• Health
• Education
• Information and Communication Technology (ICT)
• Infrastructure
• Agriculture

NSW STATE NOMINATION BASIC INFORMATION

NSW state nomination uses a selection-based invitation procedure so as to suitable candidates are invited by the state are satisfying the requirements of the growth in their local economy.

Please do keep in mind that Direct application is not applicable with NSW State Nomination both Offshore and onshore. In order to be nominated, you must first submit your profile in EOI Skill Select and wait for the invitation by the state to lodge.

There are different invitation rounds in NSW, with the closes date would be of January 2022 and it is held from time to time. Make sure you hit the subscribe Newsletter on our website for updates of everything in Australia Immigration. 

While held on an ongoing basis throughout the financial year, invitations rounds are not announced beforehand and don’t follow a pre-determined schedule as such.

NSW nominates candidates for the following Skilled Visa:

• Skilled Nominated visa (subclass 190): For nominated skilled workers to work and live in Australia as permanent residents. 90% of the visa applications are processed within 18 months.
• Skilled Work Regional (Provisional) visa (subclass 491): For skilled workers nominated by a state/territory government to work and live in regional Australia. 90% of the visa applications are processed within 9 months.

Other Australia visa pathways are also available for skilled professionals intending to migrate to NSW, such as – Global Talent Visa (subclass 858), Skilled Independent visa (subclass 189), Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), and Employer Nomination Scheme visa (subclass 186) and TSS 482 visa.

Good news is now you can be residing onshore or Offshore to get NSW 190 state nomination with the following requirements below

Onshore:

Be currently living in NSW and –

·       have “genuinely and continuously” lived in NSW for the past three months, OR

·       be gainfully employed in NSW (long-term capacity, in nominated or closely-related occupation, for a minimum of 20 hours/week).

NSW STATE NOMINATION - OPEN FOR OFFSHORE

NSW 190: Mandatory Minimum 3 Years Work Experience requirement for Certain Occupations:

 

You may submit an ROI for NSW nomination under Stream 3 if you reside offshore.

****UPDATE 18 June 2020***: NSW has removed the minimum period of residence and the working requirements for state nomination. The application deadline has also been extended to 5pm Friday 26 June 2020.

For the first time since the Skilled Work Regional (Provisional) visa (Subclass 491) visa was announced in November 2019, NSW is finally accepting nomination applications for this subclass. NSW Treasury will begin accepting nominations for 491 visa for a limited time. Read more to find out how to apply!

Applications opened on Monday 15 June 2020 and will close at 5pm on Tuesday, 23 June 2020. The application deadline has been extended to 5pm Friday 26 June 2020.

Applications will be assessed by the end of the financial year; Tuesday 30 June 2020.

The state of New South Wales (NSW) has announced its state nomination criteria for the Entrepreneur visa. This makes NSW the first state or territory to start accepting applications for nomination under the Entrepreneur visa. No other Australian state or territory has published their criteria as yet.

The NSW criteria is summarised as below:

- You will need to meet the eligibility criteria as outlined by the Department of Immigration and Border Protection

- You must submit a business plan detailing your entrepreneurial venture

- The NSW State Department must approve your business plan and be satisfied that the outlined venture will develop an enterprise or business in NSW, or commercialise a product or service in NSW

- You must have sufficient assets for settlement in NSW

You should also read up on the additional explanation provided by the NSW State Department about the complying entrepreneurial activity and acceptable funding here.

As described by the NSW State Department:

“NSW Entrepreneur visa nomination criteria continue to demonstrate our commitment to make Sydney and NSW a competitive business migration destination by making it simple and easy for potential Entrepreneur visa applicants.”

“As Australia’s capital of innovation, NSW is committed to making it easier for talented entrepreneurs to migrate and settle in Sydney and NSW.”

If you need further clarification about the NSW state nomination criteria for the Entrepreneur Visa you can arrange a meeting with the multilingual Business Migration Relationship Officers in the NSW State Department. You will be able to contact them by:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Call: +61 (2) 9934 0704 (9:00 am – 5:00 pm AEDT Monday to Friday).

Alternatively contact Work Visa Lawyers to assess which business or investment visa option is more appropriate for your circumstances. Our Registered Migration Agents are familiar with all business and investment migration visa options, and will be able to explain the visa requirements and application procedures to you.

Sources:

http://www.industry.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/business-migration/state-nominated-visa-categories#1

http://www.industry.nsw.gov.au/__data/assets/pdf_file/0004/92479/entrepreneur-visa-criteria.pdf

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

New South Wales has acted swiftly to attract more investment into the state. As the number one business and investment migration destination in Australia, the quick action to establish and announce the nomination criteria will further attract entrepreneurs to set up in New South Wales.

The criteria announced are very generous and do not add more difficulty above the Department of Immigration and Border Protection (DIBP) requirement. The big benefit may be those who assist with writing business plans as a strong business plan is essential for a NSW nomination approval.

The remaining Australian states and territories need to launch their nomination process as soon as possible before the majority of eligible entrepreneurs head to New South Wales under the Entrepreneur visa. Otherwise they might have to introduce a looser requirement to attract entrepreneurs at a later stage.

This information is accurate on 28 October 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The New South Wales (NSW) Trade and Investment Department will be implementing an invitation-only selection for its Skilled Nominated 190 state sponsorship programme starting February 2015. Here are the key points:

Candidates will be selected based on:

• highest points claimed in Expression of Interest (EOI) submitted to the Department of Immigration and Border Protection (DIBP); followed by
• level of English competency (based on acceptable English exams); followed by
• skilled employment
  If all criteria are equal, candidates will be selected based on date of submission of EOI
• Candidates must indicate interest for NSW state sponsorship in their EOI application
• Upon receiving an invitation from NSW candidates must submit an online application within 14 days
• Once state sponsorship is approved after 12 weeks, candidates lodge their visa application with DIBP as per current procedures

The NSW Trade and Investment Department will decide how many candidates to invite at an ongoing basis. The Occupation List for NSW will be published in February 2015. There are no other changes announced for the Skilled Regional (Provisional) and Business Skills visas nomination criteria at the moment.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

It is advisable to lodge your EOI soonest as there may be many candidates tied with the same criteria being considered for the NSW state sponsorship, especially in the 65 to 70 points group.

This new process will probably be an improvement of the previous system. The previous system was very frustrating and wastes a huge amount of time. The NSW application would open for only a few hours before being filled. The time pressure and large number of applicants would overwhelm the system, adding more confusion.

While the new process would be smoother, the underlying problem will remain. NSW only has a small number of state nomination positions for the entire programme year (4,000 places for 2014-15). NSW is the most populous state in Australia with a population of over 7,439,000 people so demand will be greater than supply. I would estimate that over 15000 or more candidates will be competing for the positions. It will still be very difficult to get NSW nomination for many.

As such visa applicants are urged to consider all other alternatives available for them to proceed with a visa application. You can read about possible alternatives here. The state of South Australia has unique and interesting options for state sponsorship as well that are worth considering.

Source:

NSW Trade and Investment website

http://www.trade.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-nominated-migration-190/nsw-nomination-process-in-2015

This information is accurate on the 3 February 2015. State sponsorship requirements and DIBP visa application criteria can change and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

For this program year NSW is no longer an option for a subclass 190 Visa:

The NSW State Government has closed nomination for subclass 190 visas, providing the following information on their website:

“Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14

NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year.  

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014.  

Thank you for your interest in migrating to NSW.  “

Try another Option:

If you are looking to migration to Australia, there is no need to despair, all other States and Territories are still sponsoring for Subclass 190 visas.

Source and Accuracy

Source: http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

This information isaccurate on the 06 January 2014.  States and Territories will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

We have received a communication from the ACT government which says that DIAC will not issue any further invitations for state sponsored 190 and 489 visas through for these six occupations:

·      Chemical and Materials Engineers;

·      ICT Business and Systems Analysts;

·      Electronics Engineers:

·      Telecommunications Engineering Professionals;

·      Other Engineering Professional; and

·      Software and Applications Programmers.

However, these are in fact occupational unit groups, often repsenting two or more occupations. The total number of occupations that have been effected by DIACs decision to not offer invitation to EoI for subclasses 190 and 489 is eighteen.  The occupations are:

233111 Chemical Engineer 

233112 Materials Engineer

261111 ICT Business Analyst 

261112 Systems Analyst

233411 Electronics Engineer

263311 Telecommunications Engineer

263312 Telecommunications Network Engineer

233911 Aeronautical Engineer 

233912 Agricultural Engineer 

233913 Biomedical Engineer 

233914 Engineering Technologist 

233915 Environmental Engineer 

233916 Naval Architect (Aus) / Marine Designer (NZ) 

233999 Engineering Professionals nec

261311 Analyst Programmer 

261312 Developer Programmer 

261313 Software Engineer 

261399 Software and Applications Programmers nec

If you have an application a state sponsorship application in process, then you may need to look at alternatives.   Contact the Sponsoring body to check the status of your application.

Sources:  ACT Government, Migration Institute of Australia

Need Help?

If you require further information regarding a RSMS application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 7 August 2013.