The application process for the skilled visa subclasses 189,190 and 491 are similar in nature. All of these sub-classes have an eligibility criteria of migration points threshold, require a positive skills assessment from the relevant authority, submission of an expression of interest, nomination by state or territory government agency in applicable cases, receiving an invitation from the Department to apply for a visa, meeting character ,health and other requirements. However, regional nomination criteria vary from region and region the general steps to be followed can be briefly as follows:
a) Pre-requisites
Before the submission of EOI, every applicant shall ensure satisfaction of eligibility criteria and pre-requisites. At the time of submission of EOI, applicant shall not have crossed the age of 45 years. The applicant shall also confirm that selected occupation is part of skilled occupation list. The occupations eligible for each type of visa differs as detailed above, Hence, choice of class of visa is also significant. Once, the occupation is selected, it needs to be verified whether such occupation requires skill assessment. Skills assessments are issued by relevant skills assessing authorities. A skill assessing authority is an organisation that checks that your skills meet the standards they set to work in a relevant occupation. The relevant Skill Assessment Authority for each occupation is provided under combined list. Only skills assessment issued by the relevant assessing authority is acceptable for visa application. Each assessing authority has its own assessment procedures, timeframes, and charges. Eligibility criteria of points is another significant pre-requisite as General Skilled Migration is essentially a point-based system. An applicant must be able to obtain at least 65 points on points test to be eligible. If any applicant cannot obtain 65 points no invitation shall be issued to apply for visa. If invited to apply for visa, the applicant must prove the claims made in EOI when application is assessed. The applicant shall also ensure required proficiency in English before submitting EOI and shall have supporting documents to prove English language skills. Further, applicant shall ensure the availability of all documents required for supporting application.
b) Submission of an Expression of Interest
Once, applicant is satisfied with all pre-requisites and choice of class of visa, applicant can submit an Expression of Interest using SkillSelect, which is an online service that enables skilled workers who are interested in migrating to Australia to be considered for a skilled visa All EOIs must be completed online using SkillSelect. An EOI is not a visa application and there is no fee to create or submit an EOI in SkillSelect. The submission includes details regarding type of visa being applied (more than one type can be selected), English language test details, Education and qualifications details, Skills Assessment, Employment history for last 10 years etc. Even if an applicant does not meet pass mark, he will be able to complete an EOI, but you will not be eligible to be invited to apply for a visa. The EOI, whether completed or incomplete will be stored in SkillSelect and is valid for 2 years, however, incomplete EOI is not eligible to receive an invitation. The details can be edited at any time during its validity.
c) Application for State nomination
For subclass of visa requiring State/Territory nomination, the applicant is required to apply for state nomination in addition to EOI in SkillSelect for Australian Capital Territory, Northern Territory, Queensland, South Australia, Tasmania, and Victoria. However West Australia and New South Wales invites directly from SkillSelect.
Each state government/territory creates its own occupation list eligible for state nomination under state nominated visa stream, i.e. subclass 190 and subclass 491 visa applications depending upon their local requirement.
In Canberra Matrix, the ACT Occupation List was replaced by the ACT Critical Skills List on the 19 August 2020 as a response to COVID pandemic.
Tasmania is also giving priority to critical role including those directly assisting in Tasmania’s COVID-19 response, directly engaged by Tasmanian Government, providing critical or specialist medical services or delivering medical supplies potentially associated with COVID-19 response.
Northern Territory Migration Occupation List is published in their website wherein Occupations marked with an ‘*’ require mandatory licensing or registration requirement, and demonstrated English level either sufficient to meet licensing / registration or a minimum IELTS 6.0 score in each band or equivalent (whichever is higher).Occupations marked with ‘!!’ require to have high level communication skills. All other occupations not marked require a level of English of at least IELTS 6.0 in each band or equivalent from one of the English testing systems accepted by the Department of Home Affairs.
Victoria’s 2020-21 Victorian skilled visa nomination program (subclass 190 and 491) which is planned to be open 8 September 2020 is also following the priority criteria in response to COVID pandemic.
The occupation list for South Australia is to be updated by middle of October,2020. Similarly, occupation list of New South Wales and Queensland is also under review.
d) Invitation for application of visa
For skilled independent visa, Invitations are issued automatically by the SkillSelect system. The highest ranked applicant by points score are invited to apply for the relevant visa subject to occupation ceilings. Hence, qualifying threshold point is not assurance for invitation. For applicants who have equal points scores, the time at which they reached their points score for that subclass (referred to as the date of effect) determines their order of invitation. Expressions of Interest with earlier dates of effect are invited before later dates.
Invitation rounds for Skilled Independent visa (subclass 189) and Skilled Work Regional (Provisional) visa (subclass 491) – Family Sponsored visas, are anticipated to be run each month. Dates for the rounds are subject to change. Invitation numbers in each round may vary depending on the number of applications being processed by the Department.
In case of subclasses of visa with state nomination, EOI of applicant after submission will be visible to state and territory governments. If applicant has the skills they need, a state or territory government agency might nominate the applicant for the visa. The nomination criteria for State or territory governments will be depending upon each State or territory. State and Territory Governments nominate throughout the month. State or territory government nominations will not be impacted by the departmental invitation rounds. The applicant will be able to nominate either a single state or territory or nominate to be chosen by any state or territory. Once nominated by a state or territory government, applicant will receive an invitation to apply from SkillSelect.
e) Application of visa
The applicant shall have 60 days from the date of invitation to apply for the visa. When the applicant is invited to apply for the visa, invitation will state the number of points that applicant must score when department assess application for grant of the visa. This score may be higher than 65 points, depending on claims in the EOI. The applicant must provide evidence supporting claims when applying for the visa.
The visa outcome will be intimated to applicant in writing after due process.