cl 190.211 — Subclass 190 primary criteria — Migration Regulations 1994
Text of provision
190.211 Criteria to be satisfied at time of application
The applicant:
(a) has been invited, in accordance with Subdivision AA of Division 3 of Part 2 of the Act, to apply for the visa; and
(b) has been nominated by a State or Territory government agency for a Subclass 190 visa; and
(c) satisfies Schedule 6C (points test); and
(d) is nominated for an occupation on the relevant skilled occupation list; and
(e) has been assessed by the relevant assessing authority for the occupation as having suitable skills for the occupation; and
(f) at the time of invitation to apply, was under 45 years of age; and
(g) at the time of invitation to apply, had vocational English.
Plain English
Clause 190.211 is nearly identical to cl 189.211 for the Subclass 189 visa, with one critical addition: paragraph (b) requires that the applicant have been nominated by a state or territory government agency.
This nomination requirement is the defining feature that distinguishes the Subclass 190 from the Subclass 189. Without a valid nomination from a state or territory, the Subclass 190 criteria cannot be satisfied regardless of how high the applicant's points score is.
State and territory nomination programs operate independently of the federal SkillSelect system. Each state and territory sets its own criteria for who it will nominate, and those criteria change frequently based on each jurisdiction's skills needs. Common factors include the occupation being on the state's occupation list, demonstrated intent to live and work in that state, and meeting the state's points cut-off score.
A successful nomination adds 5 points to the applicant's points score under r 2.72 — in addition to meeting the separate criterion in cl 190.211(b).
Practical effect
The state or territory nomination in cl 190.211(b) must be current at the time the visa application is made. If a nomination is withdrawn after the application is lodged, the criterion may no longer be satisfied, and the application may be refused under s 65.
Nomination is not a guarantee of visa grant — it is only one of several criteria. All other criteria in cl 190.211 and the criteria at decision time (cl 190.212 and 190.213) must also be satisfied.
The 5-point nomination bonus in r 2.72 means that applicants who hold a state nomination effectively score 5 points higher than an identical applicant without nomination, reducing the points score needed from SkillSelect's general pool to receive an invitation.
For a detailed comparison of the Subclass 189, 190, and 491 visa criteria and requirements, see the 189 vs 190 vs 491 comparison page.