Background
Travel restrictions introduced during the height of the covid-19 pandemic prevented many skilled migrants from entering Australia over the past two years.
In February 2022, the Australian Government reopened its international border to offshore migrants, welcoming visa holders who had been waiting since the beginning of the pandemic to enter the country.
However, despite the reopening of the international border, many offshore migrants interested in the skilled migration program continue to wait. State and territory governments have imposed additional criteria, and even closed their skilled migration programs, for offshore candidates during recent months. The limitations and closures of skilled migration programs to offshore candidates has prevented many from applying for nomination under the subclass 190 visa and subclass 491 visa programs to Australia.
Current status
As of June 2022, the skilled migration programs offered by Australia’s state and territory governments include the following options for offshore candidates.
New South Wales
The New South Wales government allows offshore migrants to apply for nomination under the subclass 190 visa and subclass 491 visa programs under specific occupations.
Offshore migrants who can provide evidence of a positive skills assessment in such occupations will also need to satisfy additional eligibility criteria set by the New South Wales government.
Victoria
The Victorian skilled migration program is currently closed to offshore applicants.
Queensland
The Queensland skilled migration program is currently closed to onshore and offshore applicants.
South Australia
The South Australian government currently allows offshore migrants to apply for nomination under the subclass 190 visa and subclass 491 visa programs under specific occupations.
Offshore migrants who can provide evidence of a positive skills assessment in such occupations may also need to satisfy additional eligibility criteria set by the South Australian government, depending on their nominated occupation.
Tasmania
The Tasmanian Government has temporarily restricted new applications for nomination under the skilled migration program to all applicants.
Northern Territory
The Northern Territory skilled migration program is currently closed to offshore applicants.
Western Australia
The Western Australia skilled migration program is currently closed to offshore applicants.
Australian Capital Territory
The ACT government allows offshore applicants to seek nomination under the subclass 190 visa and subclass 491 visa pathways in specific circumstances.
To apply for nomination under the subclass 491 visa pathway in the ACT, you must prove at least three years of relevant work experience in your nominated occupation.
To apply for nomination under the subclass 190 visa pathway in the ACT, you must have a genuine ACT job offer in your nominated occupation.
The program closures and requirements explained above are subject to change at any time and are only current at the time of publishing this article.
We expect that the skilled migration nomination criteria set by each state and territory government to change in the new financial year. We strongly recommend that you continue to monitor the relevant state and territory government websites for news of changes to the nomination criteria.
In anticipation of changes to the skilled migration nomination criteria, we recommend that you seek advice on your eligibility and prospects for success under the skilled migration visa pathway.
If you are an offshore skilled migrant interested in applying for a subclass 190 visa or subclass 491 visa, please contact migration lawyers Stella Zheng or Shanalee Johal by phone (07 5635 0180) or email (szheng@stonegroup.com.au or sjohal@stonegroup.com.au) to organise a free 30 minute consultation to discuss your visa options now.
Shanalee Johal is a dynamic migration lawyer who will seek innovative solutions for her clients. She was admitted to practice in Queensland in 2017 and has now accumulated over four years of experience dealing with migration law matters.
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