The Northern Territory’s General Skilled Migration (GSM) nomination program, which is expected to reopen in July 2024, will offer a range of visa pathways for skilled migrants to live and work in the NT through the Subclass 190 Skilled (Nominated) visa and the Subclass 491 Skilled Work Regional (Provisional) visa programs.
In this article, we take a look at how you can qualify for nomination for a GSM visa in the NT (a 190 or 491 visa Northern Territory), including the NT nomination requirements for both onshore and offshore applicants and the nomination pathways available.
We begin our discussion by examining how you may qualify for nomination in the NT.
How Can You Qualify For A GSM Visa Nominated By The Northern Territory Government?
The NT Government may nominate you for a skilled visa if you:
- meet Immigration requirements to qualify for the relevant general skilled migration visa (a subclass 190 or 491 visa);
- meet the NT Government’s nomination eligibility requirements; and
- commit to living and working in the NT within your skilled occupation for at least three years upon the grant of your visa.
Subclass 491 Skilled Work Regional (Provisional) Visa
The subclass 491 visa Northern Territory 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 the subclass 491 by the NT Government, 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.
To qualify for a subclass 491 visa, you must be nominated by the NT Government or an eligible family member.
As a subclass 491 visa holder, you may be subject to reporting commitments by the Department of Home Affairs. You may need to provide supporting evidence to show that you are or have been living and working in regional Australia (i.e. the NT). The NT Government may also conduct independent compliance checks and/or surveys to ensure that you are still living and working in the NT once the visa has been granted.
Subclass 190 Skilled (Nominated) Visa
The subclass 190 visa allows skilled migrants (and eligible family members) who are nominated by the NT Government to live and work in the NT indefinitely as permanent residents.
If you are nominated for a subclass 190 by the NT Government, you will be expected to live and work in the Northern Territory for at least three years from visa grant.
This visa option is generally only available to applicants who have lived in the NT on a long-term basis and who can demonstrate a long-term ongoing commitment to the NT.
How Can You Apply For A GSM Visa Nomination In The Northern Territory?
Submit An Expression Of Interest
As part of the GSM visa program, the subclass 190 and 491 visas are invitation-based, which requires you to submit an Expression of Interest (EOI) with the Department of Home Affairs as a first step in expressing your interest in applying for a subclass 190 or 491 visa.
Submit An Application For Northern Territory Government Nomination
After creating your EOI, you need to submit an online application with the NT Government via the Migration NT portal and provide all required documents.
Only upon receipt of an invitation can you then proceed to apply to the Department of Home Affairs for a subclass 190 or 491 visa itself.
NT nomination and the visa application are two separate processes. The NT Government assesses your application for territory nomination and the Department of Home Affairs assesses your visa application. Each stage of the application process is subject to its own eligibility and documentary requirements. You must meet both the NT and immigration requirements to be eligible.
Points Test
The subclass 190 and 491 visas are also points-based, which means that you must achieve at least 65 points in the Migration Points Test to lodge an EOI. The points test is based on several attributes, including your age, qualifications and employment experience. Each element is allocated a certain number of points, based on what are deemed to be the most desirable attributes for applicants to possess as part of the GSM visa program. For example, more advanced English language skills will attain a higher number of points than achieving just the baseline Competent English level, which is one of the eligibility requirements to qualify for a Subclass 190 or 491 visa (and which grants nil points in the points test). Achieving Proficient or Superior English in a prescribed English language points test within three years of receiving an invitation to apply for the Subclass 190 or 491 visa will grant you an additional 10 or 20 points, respectively.
One of the benefits of applying for a Subclass 190 or 491 visa Northern Territory is that it grants you additional points in the points test on account of nomination approval by a State or Territory Government.
A subclass 190 nomination from the NT grants you five additional points to help you meet the Department of Home Affairs skilled visa points test pass mark of 65 points.
Whereas a subclass 491 nomination from the NT Government provides you with 15 additional points.
This allows you to build up your overall points score quicker to reach the minimum 65 points needed to lodge an EOI. Sometimes, a small number of points as low as 5 can be the difference between being able to submit an EOI and not having enough points to do so. Every little bit helps.
Keep in mind that if you are nominated by the NT Government for the subclass 190 visa, you must commit to living and working in the NT for three years after the visa has been granted.
And if you apply for a subclass 491 visa, you will be eligible to apply for permanent residency through the Subclass 191 visa after you have lived and worked in the NT for at least three years as a subclass 491 visa holder.
To Summarise … The Steps To Apply For A General Skilled Migration Nomination In The NT
Step 1 – Assess Your Eligibility For A Subclass 190 Or 491 Visa Based On Immigration Requirements
Key immigration criteria to qualify for a subclass 190 or 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;
- 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.
Step 2 – Assess Your Eligibility For A Subclass 190 or 491 Nomination Based On NT Government Requirements
There are different nomination streams and each has different requirements that must be met (these are discussed below in this article). These NT nomination requirements are in addition to Immigration requirements that must be met.
Step 3 – Submit An Expression Of Interest (EOI) With The Department Of Home Affairs Through SkillSelect
The EOI is not a visa or nomination application and is only an indication that you would like to be considered for a skilled visa.
Step 4 – Submit An Application For NT Government Nomination
You must apply online for NT nomination in accordance with the requirements as set by the NT Government. Different criteria apply to onshore versus offshore applicants.
Please note that you need to submit one application for NT nomination only. If you lodge an application for a subclass 190 nomination and you are found not to be eligible, the NT Government will consider your application for a subclass 491 nomination.
The fee to lodge a nomination application with the NT Government is $300 (plus $30 GST if you are in Australia).
Step 5 – Be Invited To Apply
If your nomination application is successful, you will receive a SkillSelect invitation to apply for the relevant skilled visa.
Step 6 – Apply For A Subclass 190 Or 491 Visa Northern Territory With The Department Of Home Affairs
You can then proceed to lodge an application for the relevant skilled visa with the Department of Home Affairs via ImmiAccount.
Please note that you will need to apply for the visa within 60 days of receiving this invitation. Your nomination will not be valid after this period.
Step 7 – If Your Visa Is Approved, Follow Commitments Made To The NT Government
If you are granted a subclass 190 or 491 visa Northern Territory, ensure that you meet your long-term commitments to living and working in the NT in 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 live and work for a minimum of three years once your visa has been granted. The NT Government does not issue release letters under any circumstances.
Northern Territory Nomination Requirements
Eligibility for nomination by the NT Government will depend on whether you already live in Australia, or if you apply from offshore.
Onshore Applicants
Before we delve into the detail on the requirements that apply to eligible NT graduates versus other NT residents, please note the following:
- if you or any of your migrating dependants are currently living interstate, you will not be eligible for NT nomination;
- if you or any of your migrating dependants are currently on a student visa and have not completed your studies at an NT institution, you will not be eligible for NT nomination; and
- if you have already been nominated for a subclass 489 or 491 visa by the NT, you will not be eligible for a subclass 190 nomination.
Eligible NT Graduates
NT graduates will be considered for a subclass 190 or 491 nomination if the following requirements are met:
- you have successfully completed one or more qualifications after studying in the NT, at an NT-based institution for two years in a single tertiary course or a set of nested tertiary courses; and
- you have demonstrated genuine and sustained efforts to obtain employment from an NT employer in your nominated occupation or a closely related skilled occupation.
Please note that if you graduated in the NT but you did not study in the NT for the full two years, you will not be eligible for NT nomination. NT graduates are only eligible for nomination if they have completed two years of study in the NT.
Completion of two years of full-time study is not sufficient. You must have completed your course to be eligible for NT nomination. You need to provide a letter of completion from your NT education provider at the time of application.
Unless you have studied your first course in the NT on your first and subsequent student visa and you hold a Subclass 485 Temporary Graduate visa (or an associated bridging visa), you will not be eligible for a subclass 190 visa; you may only qualify for a subclass 491 visa.
This means that student visa holders moving courses to study in the NT after having already studied anywhere else in Australia outside of the NT will be eligible for a subclass 491 visa only.
Other NT Residents (Non-NT Graduates)
This nomination pathway is for NT resident applicants who hold a temporary visa with work rights and who are currently residing in the NT.
As an NT resident applicant, you will be considered for a subclass 190 or 491 nomination if you meet the following requirements:
- demonstrate that you have been residing in the NT for at least 12 consecutive months;
- demonstrate that none of your migrating dependants are residing in another part of Australia; and
- demonstrate full-time employment (at least 35 hours per week) in the NT in an eligible occupation for at least six consecutive months immediately before applying for NT nomination. You must also demonstrate that the employment is available for at least a further 12 months.
What Is An Eligible Occupation?
An eligible occupation is:
- the occupation identified in the skills assessment (nominated occupation); or
- an occupation that is related to the nominated occupation. In order to be related to the nominated occupation, the majority of time in the position must be spent on tasks that align with the skills and knowledge required to undertake the nominated occupation.
The employment must also meet the following additional criteria:
- the position must be based in the NT and the employer must have a record of trading in the NT for at least 12 months;
- positions that are based at serviced office spaces or that involve hot-desking arrangements will generally not be considered favourably;
- you must be paid at market salary.
Please note that if you have not been employed in an eligible occupation, you will generally not qualify for NT nomination.
Applicants On A Subclass 482 Temporary Skill Shortage (TSS) Visa
If you hold a Subclass 482 Temporary Skill Shortage (TSS) visa, you must provide a letter of support from your current sponsoring employer stating that they:
- support the visa application; and
- understand that you will not be tied to their business once the subclass 491 or subclass 190 visa is granted.
The NT Government may contact your employer. There may be circumstances where the need for support from your current employer can be waived.
Offshore Applicants
Offshore applicants will generally only be nominated for a subclass 491 visa Northern Territory.
Offshore applicants must meet the following NT nomination criteria:
- have post-qualification work experience of at least one year in your nominated occupation in the last 10 years (note that additional work experience is required for some occupations under the priority occupations stream);
- 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 criteria for one of the three streams available:
- Priority occupation
- NT Family stream
- NT Job Offer stream
We suggest you read our article on the Family Stream.
Commitment To The NT
All applicants 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, 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).
Get More Information
Skilled Work Regional (Provisional) Visa
For further information on the subclass 491 visa Northern Territory, please see the following articles:
Skilled (Nominated) Visa
For further information on the subclass 190 visa, please see the following articles:
Subclass 190 State Sponsorship Visa
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Contact us to book a no-obligation consultation to find out more about applying for a state/territory sponsored skilled visa, including NT nomination.
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In conclusion, the above discussion provides an overview of the Northern Territory’s skilled migration nomination program. We also provide links to further information so that you can learn more about the subclass 190 and 491 nomination visa programs.
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 or territory sponsored skilled visa, including in the Northern Territory, 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, book your confidential consultation with our NT specialist Anke Nagel or one of our other migration agents in Adelaide. 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
