Subclass 190 — Skilled Nominated Visa — immi.wiki

The Subclass 190 Skilled Nominated visa is a points-tested permanent residence visa. Unlike the Subclass 189, it requires nomination by an Australian state or territory government agency. The nomination requirement is prescribed in cl 190.211(b) of the Migration Regulations.

The Subclass 190 is a permanent visa that grants unlimited work rights and is a pathway to citizenship. Unlike the Subclass 491, there is no requirement to live in a specific region after the visa is granted — although most state nomination programs expect applicants to settle in the nominating state or territory.

State nomination adds 5 points to the applicant's points score under r 2.72, in addition to satisfying the separate nomination criterion.

The eligibility requirements for the Subclass 190 are the same as for the Subclass 189, with one additional requirement — state or territory nomination.

• Be under 45 years of age at the time of invitation
• Have at least vocational English at the time of invitation
• Have a nominated occupation on the relevant skilled occupation list (MLTSSL or Short-term Skilled Occupation List (STSOL) for the 190)
• Hold a positive skills assessment for the nominated occupation
• Receive state or territory nomination from a government agency
• Receive an invitation through SkillSelect
• Satisfy the points test (minimum 65 points, with the nomination counting for 5 of those points)

The Subclass 190 can be used for occupations on the STSOL that are not available for the Subclass 189 (which is restricted to the MLTSSL). This makes the 190 accessible to a wider range of occupations, provided a state is willing to nominate for that occupation.

The Subclass 190 application process:

1. Skills assessment: Obtain a positive skills assessment from the relevant assessing authority.
2. Expression of Interest: Submit an EOI through SkillSelect, indicating interest in state nomination.
3. State nomination: Apply to the relevant state or territory program. Nomination criteria and processes vary by jurisdiction and change frequently.
4. Federal invitation: After receiving state nomination, the applicant receives a federal invitation through SkillSelect to apply for the Subclass 190.
5. Visa application: Lodge within 60 days of invitation.
6. Assessment and decision under s 65.

The Subclass 190 is a permanent visa with unlimited work rights. The same conditions applicable to the Subclass 189 apply: 5-year travel facility, cancelable under s 116.

State nomination programs generally include a commitment by the applicant to live and work in the nominating state for at least 2 years. This is a condition of the nomination, not a condition of the visa itself. However, failure to honour this commitment may affect future state nomination applications.