Subclass 190 Visa Update
Introduction
The subclass 190 visa is a permanent resident visa (PR) that is designed to enable State Government nominated skilled workers to live and work in Australia. It is suitable for visa applicants who are struggling to apply for PR via the independent skilled migration stream (such as subclass 189 visa) and who are unable to secure employer sponsorship due to lack of experience, mismatch of occupation, not being able to meet relevant salary requirements or those who simply don’t want to be ‘bonded’ to an employer.
Recent developments make the subclass 190 visa more accessible than ever before. More specifically, in recognition of an imminent shortage in skilled labour, on 11 August 2022 the Victorian government announced an overhaul of its skilled nomination program by making nominations available to more occupations and removing a number of key restrictions. This is covered in further detail below.
Eligibility
This visa allows people whose occupation is on either the Medium and Long Term Strategic Skills List (MLTSSL) or the Short Term Skilled Occupation List (STSOL) to apply. The combined list provides a much wider selection of occupations and applicants are permitted to bring family members with them.
To be eligible, applicants must meet the below criteria:
be nominated by an Australian state or territory government agency;
obtain a positive skill assessment that is not for 485 visa purposes at time of invitation;
must have competent English at time of invitation, which is equivalent to at least 6 for each of the 4 IELTS test components;
must have not turned 45 at the time invitation; and
must score more than 65 in points test.
Crucially, applicants can be in or out of Australia at the time of visa application and decision.
Nomination in Victoria
On 11 August 2022, the Victorian Government announced its changes to the nomination criteria for the current program year. The key changes include:
the removal of the restriction prohibiting offshore applicants from applying (nomination applications are now open to both onshore and offshore applicants); and
the expansion of permitted occupations to all occupations on the MLTSSL and STSOL.
This means that in Victoria, the applicants are no longer required to nominate an occupation relating to STEM skills or work in certain target sectors which was the case prior to the 11 August 2022 announcement.
The key things that would form part of the selection criteria from the Victorian Government’s nomination point of view include:
age;
English language level;
years of experience in the nominated occupation;
education and occupation skill level;
partner’s skill (if applicable); and
salary, for onshore candidates.
The following occupation groups will also be prioritised for nomination:
healthcare and social services;
science, technology, engineering and mathematics (STEM);
advanced manufacturing, digital and innovation economy; and
early childhood, secondary and special education teachers.
The changes are welcomed by many visa applicants and employers particularly in the current post COVID-19 recovery climate.
Evolve Lawyers looks forward to assisting you and your business with your immigration requirements. Our approach is highly personalised and we encourage you to reach out to us if you feel we can be of assistance.
Amy Cai
Head - Business and Migration Advisory
(03) 8672 7901
acai@evolvelawyers.com.au
Level 1, 34 Queen Street, Melbourne, VIC 3000
