How to Meet State-Specific Criteria for the Subclass 190 Visa

Getting an Australian permanent residency through the Subclass 190 visa is a popular pathway for skilled workers. Unlike the Subclass 189 visa, which is independent of state or territory sponsorship, the 190 visa requires nomination from an Australian state or territory government. This means you must not only meet the Department of Home Affairs (DHA) criteria but also the specific requirements of the nominating state or territory. This can be complex, as criteria vary significantly between states and often change.

Understanding the Core Requirements

All applicants for the Subclass 190 visa must first satisfy the DHA’s fundamental eligibility criteria. These include:

• Being under 45 years of age.
• Having a positive skills assessment for an occupation on the relevant skilled occupation list.
• Achieving a score of at least 65 points on the points test (including the 5 points granted for state nomination).
• Demonstrating a “competent” level of English.
• Submitting an Expression of Interest (EOI) through SkillSelect.

While these are the baseline requirements, each state and territory has its own set of rules you must follow to be considered for nomination.

State-Specific Criteria: What to Look For

The unique requirements for each state are what make the 190 visa process challenging. The main variations are in the following areas:

1. State Occupation Lists

Each state publishes its own skilled occupation list, which may be more restrictive than the federal list. Your occupation must be on the specific list for the state you’re applying to. Some states may have a separate “critical skills” list, prioritizing certain occupations to address specific labor shortages.

2. Residency and Work Experience

Many states require applicants, particularly those already in Australia, to be living and working in that specific state for a minimum period before applying for nomination. For example:

• ACT (Canberra): Requires applicants living in Canberra to have lived and worked there for at least six months. They also have specific rules for offshore applicants who haven’t lived in Australia in the last 12 months.
• Tasmania: Offers different pathways for graduates, those with a job offer, and those with established employment in the state.
• Western Australia: May require a full-time employment contract in your nominated occupation for at least six months from the date of your application.

3. English Language Proficiency

While the DHA requires “competent” English, some states, like the ACT, may have a higher requirement for certain occupations, such as “proficient” or “superior” English.

4. Points Score and Invitation Rounds

States like New South Wales and Victoria use a competitive, selection-based invitation process. This means even if you meet the minimum 65 points, you may need a much higher score to receive an invitation due to high demand. The states conduct regular invitation rounds, selecting the most competitive candidates based on factors like points, work experience, and English ability. It’s not a first-come, first-served system.

Key Takeaway and Next Steps

The key to a successful Subclass 190 visa application is research and preparation. You must choose a state that not only has your occupation on its list but also aligns with your personal circumstances, like your current location and work history. Since state criteria can change with short notice, it is crucial to check the official government immigration websites for your chosen state before submitting your EOI. Consulting with a registered migration agent can also provide invaluable guidance in navigating these complex and evolving requirements.