If you have an eligible family member living in the Northern Territory (NT), you may be able to qualify for a Subclass 491 Skilled Work Regional (Provisional) visa under the NT general skilled migration nomination program (Family Stream), which is expected to reopen in July 2024.
The subclass 491 visa is a provisional visa allowing skilled migrants (and eligible family members) to live and work in the NT for up to five years.
If you are nominated for a subclass 491 in the NT by an eligible family member, you and your dependant family members will be expected to live, work and study in the NT for at least three years before qualifying for a permanent residency pathway with the Subclass 191 Permanent Residence (Skilled Regional) visa.
The Family Stream (also commonly referred to as ‘Chain Migration’) will be available to offshore applicants only.
In this article, we outline the requirements and application process for NT nomination for a subclass 491 visa under the Family stream.
How Can You Qualify For Nomination In The Northern Territory Under The Family Stream (Chain Migration) Pathway?
The NT Government may nominate you for a subclass 491 visa under the Family stream if you:
- meet Immigration requirements to qualify for a subclass 491 visa;
- meet the NT Government’s nomination eligibility requirements under the Family stream; and
- commit to living and working in the NT in your skilled occupation for at least three years upon the grant of your subclass 491 visa.
Immigration Requirements To Qualify For A Subclass 491 Visa
Key immigration criteria to qualify for a subclass 491 visa include that you must:
- not yet have turned 45 years of age;
- have a valid and positive skills assessment for an occupation on the prescribed skilled occupation list for the subclass 491 visa;
- demonstrate that you have at least ‘Competent’ English language proficiency (a score of at least 6 across each band in an IELTS test or equivalent); and
- score at least 65 points in the Department of Home Affairs Migration Points Test.
NT Nomination Requirements To Qualify For A Subclass 491 Visa For All Offshore Applicants
To qualify for NT nomination under the Family stream (chain migration) pathway, first, you must meet the following NT nomination criteria which apply to all offshore applicants seeking nomination:
- have post-qualification work experience of at least one year in your nominated occupation in the last 10 years;
- demonstrate a genuine commitment to live and work in the NT on a long-term basis;
- have evidence of financial capacity to settle in the NT; and
- meet the Family stream criteria (as set out below).
Please note that if you apply under the NT Family stream, you can nominate any occupation on the immigration Skilled Occupation List for the subclass 491 visa.
NT Nomination Requirements To Qualify Under The Family Stream For Northern Territory Migration
Next, you need to meet the following NT nomination criteria that are specific to the Family stream (chain migration) to qualify for Northern Territory migration:
- have a family member in the NT who:
- is an Australian citizen or permanent resident, or an eligible New Zealand citizen, or hold one of the following visas:
- Subclass 491 Skilled Work Regional (Provisional) visa;
- Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa;
- Subclass 489 Skilled Regional (Provisional) visa; or
- a bridging visa granted in association with an application for a Subclass 887 Skilled Regional visa or Subclass 191 Permanent Residence (Skilled Regional) subclass 191 visa
- is usually resident in the Northern Territory, and has been living in the NT for at least 12 months;
- is the applicant’s eligible relative* or their partner’s eligible relative if their partner is also intending to apply for the same visa;
- has confirmed in a statutory declaration that they are willing and able to provide settlement support to the applicant and migrating dependants including assistance with finding accommodation and employment in the NT; and
- is an Australian citizen or permanent resident, or an eligible New Zealand citizen, or hold one of the following visas:
- have evidence of sustained efforts to seek employment in the NT, including evidence of research into the NT job market, and sustained records of applying for jobs in the NT or making contact with NT employers.
Who Is An Eligible Relative?
An eligible relative is your or your spouse/partner’s:
- parent;
- child or step-child;
- brother, sister, adoptive brother, adoptive sister, step-brother or step-sister;
- aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle;
- nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece;
- first cousin; or
- grandparent.
Commitment To The NT
If you apply for NT nomination under the Family stream (chain migration), you must demonstrate a genuine commitment to live and work in the NT on a long-term basis.
Accepting a nomination from Australia’s NT Government means that you are agreeing to the following conditions:
- to live and work in the NT in your skilled occupation or a closely related skilled occupation for at least three years from visa grant;
- to notify the NT Government of the status of your visa application (you must do so when your visa is granted and when you arrive in the NT);
- to regularly provide your current contact details to the NT Government; and
- to participate in surveys conducted by the NT Government.
If you are offered an NT Government nomination, a declaration form will be issued which will outline these obligations and you will be required to acknowledge, sign and return the form.
MigrationNT considers a number of factors in assessing commitment to the NT for Northern Territory migration, including:
- length of residency in the NT;
- previous travel to the NT; and
- connections to the NT (for example, close family members being long-term residents of the NT).
Financial Capacity Criteria
If you apply for NT nomination under the Family stream (chain migration), you must provide a list of all your financial assets (in Australian dollars). You must provide verifiable documents evidencing these assets. This can include, for example, bank statements, share certificates, property valuations and jewellery evaluations (provide clear colour copies).
If Your Subclass 491 Visa Is Approved, Follow Commitments Made To The NT Government
If you are granted a subclass 491 visa, ensure that you meet your long-term commitments to living and working in the Territory within your skilled occupation for at least three years upon the grant of your visa, as agreed to when applying for nomination by the NT Government.
As part of the nomination process, you will be required to sign a declaration committing to live and work in the NT for three years after your visa is granted. After your visa is granted, you must email your NT contact details to MigrationNT.
After your visa has been granted, you cannot find work outside the NT and transfer your nomination to another state or territory. By accepting NT nomination, you make a commitment to move to the NT to live and work for a minimum of three years once your visa has been granted. The NT Government does not issue release letters.
Get More Information
Skilled Work Regional (Provisional) Visa
For further information on the subclass 491 visa, please see the following articles:
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Contact us to book a no-obligation consultation to find out more about applying for NT nomination under the Family stream.
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In conclusion, the above discussion provides an overview of the Northern Territory’s skilled migration nomination program under the Family Sponsored pathway. We also provide links to further information so that you can learn more about the subclass 491 visa.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to apply for a state/territory sponsored skilled visa, including Northern Territory migration, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice on the Northern Territory’s skilled migration nomination program, including the Family sponsored pathway discussed in this article, book your confidential consultation with our NT specialist migration agent in Alice Springs or one of our other experts. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Sources/Links
The Territory Australia – Migrate – Migrate to work – Northern Territory Government visa nomination
