If you are looking to apply for a skilled visa to Australia, you may be interested in exploring options which require a State or Territory Government sponsorship. Under the general skilled migration program, these options are the Subclass 190 Skilled (Nominated) Visa and the Subclass 491 Skilled Work Regional (Provisional) visa . These are both points-based visas which require you to achieve a minimum test score before you are eligible to apply.

One key benefit of applying under one of these general skilled migration visa pathways is that an approved sponsorship will allow you to claim additional points towards the points test. You should also be aware that you will need to meet specific requirements for the sponsorship approval, which are in addition to Immigration requirements for visa grant, and which vary for each State and Territory. You will also be subject to additional obligations to your sponsoring State or Territory, as a condition of the sponsorship approval, should your visa application be successful.

In this article, we provide an overview of the Australian general skilled migration state sponsorship options and explain some of the key requirements that apply to each. It is also important to note that before you apply for any visa, it is vital that you are fully informed about all requirements for Sponsorship approval and for visa grant. This will give you the best chance of a successful outcome. Otherwise, you risk unnecessary processing delays and/or a potential visa refusal.

Skilled (Nominated) Visa

The Subclass 190 visa is a permanent residence general skilled migration visa which grants you an additional 5 points towards the points test, on account of the State or Territory Government sponsorship.

Key Requirements

The following main requirements apply to be eligible for grant of an Australian Government sponsorship visa:

  • You must first apply to a State or Territory Government for sponsorship (note that the requirements and occupation lists vary for each State and Territory)
  • You must also apply for an invitation to apply for the visa (note this is normally required to be done at the same time as you lodge your sponsorship application)
  • Your skilled occupation must be listed on a specified list of skilled occupations, and you must possess minimum qualifications and/or employment experience as specified for the occupation
  • You must be under 45 years of age at the time the invitation is received
  • A positive skills assessment is required
  • Minimum points test score of 65 must be achieved
  • You must have Competent English

Skilled Work (Regional) Visa

The Subclass 491 visa is a provisional general skilled migration visa which provides a pathway to permanent residence after three years subject to meeting certain requirements. This visa requires you to live and work in a designated regional area of Australia and requires an approved sponsorship by a State or Territory Government. Alternatively, you may be sponsored by an eligible family member who is usually resident in a designated regional area of Australia. This visa option grants you an additional 15 points towards the points test, for the sponsorship. The Subclass 491 visa term is five years.

Key Requirements

The main requirements to qualify for visa grant are listed below:

  • You must first apply to a State or Territory Government for Sponsorship (note that the requirements and occupation lists vary for each State and Territory)*
  • You must also apply for an invitation to apply for the visa (again, this is normally required to be done at the same time as you lodge your Sponsorship application)
  • Your skilled occupation must be listed on a specified list of skilled occupations, and you must possess minimum qualifications and/or employment experience as specified for the occupation
  • You must be under 45 years of age at the time the invitation is received
  • A positive skills assessment is required
  • Minimum points test score of 65 must be achieved
  • You must have Competent English

*This step does not apply if you elect to be sponsored by an eligible relative.

Sponsorship Requirements

State Sponsorship

Each State and Territory Government sets its own requirements for sponsorship approval. They also each release their own Skilled Occupation List which specifies which occupations they may sponsor, depending on their needs based on labour market shortages. These lists are updated periodically, as the State or Territory assesses its changing labour needs. Special conditions may also apply to some occupations, which means they are subject to additional requirements for sponsorship approval (for example, a higher minimum English language competency or specified employment experience).

Each State and Territory has a specific number of places each year for which it may issue sponsorship approvals under the general skilled migration program. Once these are filled for a given year, the program is then closed to new applications. If you find yourself in this situation, you will need to wait until the program re-opens to submit your application.

Requirements for State Sponsorship approval can include:

  • Achieving a specified minimum test score in an English test, which is higher than the minimum score that is required for the visa application. English test results can also depend on the occupation which you are applying for
  • Skilled employment experience in the occupation for a specified minimum period. Some or all of this experience may need to have been performed in the sponsoring State or Territory
  • Achieving a minimum specified points score in the points test (including State sponsorship points)
  • Having resided in the sponsoring State or Territory for a specified minimum period
  • Minimum funds required for settling in the State or Territory

Requirements can also differ for international graduates who have completed a relevant qualification in a specified institution within the sponsoring State or Territory.

It is important to note if you are applying for a State sponsorship-based visa, you will need to satisfy three sets of requirements as part of this process:

  • Requirements for sponsorship approval, which will differ for each State and Territory (application made to the relevant sponsorship authority);
  • Requirements for lodging a valid EOI (application made to Immigration); and
  • Requirements for visa grant (application made to Immigration).

Your obligations

If your visa application is successful and you are granted either a subclass 190 or 491 visa, you will be subject to additional obligations to your sponsoring State or Territory. These requirements differ for each jurisdiction but generally, can include the following:

  • Reside in the nominating State or Territory for a specified minimum period
  • Advise your address details
  • Complete surveys
  • Provide other information as requested

Sponsorship By An Eligible Relative

Alternatively, if you are applying to be sponsored by an eligible relative, they will need to meet prescribed requirements to be eligible to be approved as your sponsor.

The sponsoring family member must be at least 18 years of age, an Australian citizen or permanent resident, or eligible New Zealand citizen, and be related to the primary visa applicant (or to their spouse or de facto partner, if they are also applying for the visa). Related is a defined term in the migration provisions.

The sponsor will need to provide a signed undertaking to assist their sponsored family member, to the extent necessary, financially, and in relation to accommodation and to participate in an Adult Migrant English Program (AMEP) English language program, for two years.

Also be aware that electing to be sponsored by an eligible family member means that you will need to satisfy two sets of requirements as part of this process:

  • Requirements for lodging a valid EOI (application made to Immigration); and
  • Requirements for visa grant (application made to Immigration).

In conclusion, we note that the above provides an overview only of the general skilled migration visa State sponsorship options. Given the highly complex nature of the migration laws, and the fact that every individual case is different, we recommend that you engage a registered migration agent as they will be able to provide you with detailed advice about skilled visa pathways that you may qualify for, and the most appropriate option/s for you. This will enable you to be fully informed before you lodge your application and avoid unnecessary processing delays or a potential refusal.

Get More Information

We have prepared a series of guides to explain how the State Sponsored visas work and the requirements you need to meet to qualify for these visas. We recommend that you refer to these for further information, as outlined below.

Subclass 491 Visa

To learn more about the Subclass 491 visa, please see the following articles:

New Skilled Regional Visas to be introduced

Skilled Regional Sponsored Visa

Further Regulations released for the new regional sponsored visas to commence from 16 November 2019

Applications for the new provisional regional sponsored visas are now open

Subclass 491 Regional Visa

Subclass 190 Visa

Subclass 190 State Sponsorship Visa

Adelaide 190 Visa

Also see our Australian Skilled Migration Visa List article for an overview of the skilled visa class.

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Contact us to book a no-obligation consultation to find out more about how you may qualify for a State sponsored general skilled migration visa to Australia.

Sources/Links:

Australian Government – Department of Home Affairs – Immigration and citizenship – Adult Migrant English Program (AMEP)

https://immi.homeaffairs.gov.au/settling-in-australia/amep/about-the-program