Tasmania Skilled Migration 2021-2022: 190 and 491 Visa

September 18, 2021

Tasmania-Skilled-Migration-190-and-491-Visa

For the Skilled Migration 2021-2022 Program, Tasmania has been allocated a total of 2200 places for Skilled Work Regional (Provisional) visa (subclass 491) and 1100 places for Subclass 190 Permanent Residence ( Skilled Regional) visa.Of the above allocated places, around 500 of those places will be used for applications that got carried forward from the 2020-2021 program. If you wish to migrate to Australia or transition from a temporary visa to a permanent visa then it may be worthwhile for you to see if you qualify for the Skilled Migration Program in Tasmania.

To better understand which subclass gives you a better chance of a successful application, below we have included sections that briefly talks about each of the categories and the eligibility requirement which varies depending on the subclass one is intending to apply for; finally, followed by how to make an application.

190 Permanent Residence (Skilled Regional) visa

For 190 Permanent Residence ( Skilled Regional) visa, one can only apply under any one of the two streams:

Working Stream: This is applicable for anyone who has at least a 6-month work experience in Tasmania prior to applying for the visa. Along with it, the following conditions also need to be met.
- You must be occupied in any one of the occupations listed on the Tasmanian Skilled Occupation List (TSOL).
- To be considered, you need to be employed either on a full time basis with a minimum of 35 hours of work per week; or you may be employed in 2 or more part time jobs.
- Both you and your dependents (if any) are required to reside in Tasmania, at the same time you must provide adequate proof that you actually want to continue living there.
- The business that employs you needs to be well-established and have a record of successfully operating in Tasmania for at least the last 12 months.
- It needs to be shown that there is a true and continuing demand for your position in the business. Therefore, at the time of applying for the nomination you are required to show a 12 month contract and at least there should be 3 months still remaining until the expiration of the contract.
- The salary and benefits that you receive should be equivalent to that of the competitive market rates.

Graduate Stream: For students who have graduated or will be graduating from a CRICOS registered course in Tasmania can apply under this stream. However, depending on when you have commenced your course the eligibility requirements will vary.

- Commenced before 30 June 2021

- - - It needs to be a full-time course with on-campus participation in Tasmania.
    - Need to have lived in Tasmania for a minimum of 2 years and while you have been studying.
    - Both you and your dependents (if any) are required to reside in Tasmania, at the same time you must provide adequate proof that you actually want to continue living there.
    - In cases where you are not currently in any skilled employment, you have to demonstrate how your studies enhanced your ability to find skilled employment in Tasmania. This may include areas unrelated to your study in Tasmania.
- Commenced after 30 June 2021
  - Along with the course being CRICOS registered, it needs to be a minimum of 92 weeks long; and the study basis must be full time with on-campus participation in Tasmania.
  - Need to have lived in Tasmania for a minimum of 2 years and while you have been studying.
  - Both you and your dependents (if any) are required to reside in Tasmania, at the same time you must provide adequate proof that you actually want to continue living there.
  - If you are not currently in any skilled employment, you have to demonstrate how your studies enhanced your ability to find skilled employment in Tasmania. This may include areas unrelated to your study in Tasmania.
  - If you have had a sydney visa (Subclass 500) while finishing your last course of study in Tasmania, the course needs to be a degree (bachelor, masters or any higher degree), or a diploma (standard, advanced, associate or graduate). Or any qualification related to Priority Industry Training and Workforce Development Area also counts.

If you find that you meet most of the requirements, then you can consider applying for the 190 state nomination. If you are uncertain about your eligibility, we’d recommend that you seek professional advice so that you are not missing out on any opportunities. At the same time, we would recommend that you have a look into the eligibility requirements for Subclass 491 visa.

Skilled Work Regional (Provisional) visa (subclass 491)

The subclass 491 has 6 categories under which one can apply for state nomination. The requirement to fit under any one of these categories are listed below.

Working Stream: Same as the requirements discussed above, but there are a few differences which are listed below:
- You are not required to be working in your nominated occupation.
- If your occupation is listed in Tasmanian Skilled Occupations List (TSOL), and you have the appropriate skill assessment then you will be eligible for nomination under this category after three months of employment.
Graduate Stream: Most of the requirements are the same as the ones discussed above in 190 sections.However, the few differences are outlined below:
- Along with the course being CRICOS registered, it needs to be a minimum of 40 weeks long; and the study basis must be full time with on-campus participation in Tasmania.
- Need to have lived in Tasmania for a minimum of 1 years and while you have been studying.

Overseas Applicants (TSOL) requirements:

- The occupation that you intend to seek nomination under must be listed in the TSOL.
- Both you and your dependents (if any) have not resided in another Australian state or territory in the last 12 months.
- You have scored the minimum point in your English language proficiency test as per your TSOL occupation.
- You have access to sufficient funds to cover the cost of migration and to support yourself and your dependents for at least 6 months while you look for work.
- According to TSOL, if your occupation is classified as “High demand”, you are eligible to apply without having to provide any employability evidence.

Overseas Applicant (Job Offer) requirements:

- You have received a formal job offer for your nominated occupation that is based in Tasmania.
- The occupation must be listed on TSOL.
- You have scored the minimum point in your English language proficiency test as per your TSOL occupation.
- Both you and your dependents (if any) have not resided in another Australian state or territory in the last 12 months.
- The business that employs you needs to be well-established and have a record of successfully operating in Tasmania for at least the last 12 months.
- The salary and benefits that you receive should be equivalent to that of the competitive market rates.

Family in Tasmania:

- To be eligible for this stream you need immediate family members who meet the following criteria.
  - Have held Australian Permanent Residentship or an Australian Citizenship at least 12 months prior to the lodgement of your application.
  - They have been living in Tasmania for at least 12 months.
  - They are willing to support you in the process of seeking employment in Tasmania after you have arrived.

Small Business Owner Requirements:

- In order to be considered for applying under this stream, you need to fulfill the following conditions:
  - Show that you have set up and actively run your solely owned business in Tasmania for a minimum of 6 months.
  - Show that your business is able to generate you a personal income of at least AUD 53,900 for a minimum of 3 years among the upcoming 5 years.
  - You need to clearly demonstrate that you have a clear understanding of your responsibilities and requirements towards treating your employees fairly. You do that by finishing the key units on the Fair Work Ombudsman’s online learning centre.

This briefly outlines the requirements for both the 491 subclass and 190 subclass. If you feel that you qualify for any one of these visa categories then you can follow the steps outlined in the next section.

Application Process

It must be understood that the application process can be quite complex and includes different sets of documents that need to be supplied at the appropriate time. To help easily understand the process, we have broken down the whole thing into 5 gullible steps.

Check the Eligibility: Of course we can’t stress enough, a huge amount of research and consideration is required on your part to see if you indeed meet the main eligibility requirements outlined by the Department of Home Affairs for skilled migration.

Check Requirements: Along with fulfilling the above requirements, you must also meet the nomination criteria listed out by the Tasmanian Government. It can be found here.

Expression of Interest: Additional care must be taken in this step as you want to ensure that the EOI you are submitting via SkillSelect gives you applicatio the best chance of success.

Apply for Nomination: You then need to apply for nomination from the Tasmanian Government website. You must note that the application processing time varies and it may take upto three months to process your application.

Apply for Visa: If the Tasmanian Government offers you with a nomination, then you will be notified and invited to apply for the appropriate visa via Skillselect. Which means that you are able to apply for your visa through the Department of Home Affairs.

This application process although appears pretty straightforward, however, understanding what papers to include and which category or streams gives your application the best chance of success can be a very complex and overwhelming process In addition to that these processes are very time sensitive, therefore, you must always be vigilant regarding anything that might be asked of you and provide those documents on a timely basis.

How can Path Migration help you?

At Path Migration, we have dealt with many applications for state nominations and have always had a successful outcome. We take the time to carefully go through our clients’ documents and personal circumstances so that we are able to put forward an application that gives you the best chance of success.

Not only have we helped with applications for current students and recent graduates, but we have also assisted set up businesses in Australia for offshore applicants. We have also had a good many experiences with skilled individuals seeking permanent residency by highlighting how their work experiences are so well related to their current occupation and the occupation nominated.

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

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