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    17 November

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    491 & long-awaited news

    developer1 | 17.11.2020

    With a year that has been particular, to say, at least, applicants for skilled migration subclasses 190 & 491 have been patiently waiting to see some hope at the end of this year. And while this is, indeed, a mere flickering flame, it brings some light into 2021 with 491 EOIs now being eligible for submission. And the good news comes, as ever, from a very active New South Wales.

    So what does this mean for those waiting with a positive skills assessment ready to get in the system? While it does not seem much, until this November an applicant could not even share his/her intention of living and working in regional Australia due to the system removing completely the option. And now it’s back. That means that while submitting an Expression of Interest you now have the possibility to apply for the 491 subclass.

    Should we expect nominations anytime soon? Well, following the New South Wales instruction and occupation list, they are now open for business for people located within Australia.

    However, according to this update offshore applicants will be soon eligible provided they have at least 5 years of work experience in an occupation in demand.

    Another highly interesting fact is that according to today’s update the RDAs will have a chance to now nominate on the basis of their own criteria and it seems that NSW treasury will have limited decision making in the process.

    Let’s see the exact update and get in touch today to find out if your profile can benefit of the latest updates:

    You must meet the all criteria in one of the three following three streams to be eligible for NSW nomination:

    1. Living and working in regional NSW;
    2. recently completed study in regional NSW; or
    3. living and working outside of NSW.

    Applicants who do not meet the criteria in one of these three streams may be refused unless otherwise agreed with NSW Treasury.

    ‘Closely related occupations’ are defined as those having the same ANZSCO unit group, i.e. sharing the same first four digits.

    ‘Designated regional areas’ are determined by Home Affairs. Please see their website for a list of regional NSW postcodes.

    1. Living and working in regional NSW

    To be eligible for NSW nomination under this stream you must:

    • hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list;
    • have been living in a designated regional area in NSW for at least the previous 12 months; and
    • have been working in your nominated occupation, or a closely related occupation, in a designated regional area of NSW, for at least the previous 12 months.

    2. Recently completed study in regional NSW

    To be eligible for NSW nomination under this stream you must:

    • hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list;
    • have completed study or education with an education provider, where:
      • the study was completed within the previous 24 months;
      • the education provider is located in a designated regional area in NSW;
      • the study meets the Australian study requirement (as determined by Home Affairs from time to time); and
      • the qualification obtained from this study has been assessed as closely related to your nominated occupation by the relevant assessing authority; and
    • have lived in a designated regional area of NSW while completing your study.

    3. Living and working outside of NSW

    To be eligible for NSW nomination under this stream you must meet all the criteria for at least one of the following categories:

    a. Job offer in regional NSW

    To be eligible for NSW nomination under this category you must:

    • hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list;
    • have an offer for ongoing employment that is:
      • in the Applicant’s nominated occupation, or a closely related occupation; and
      • for a minimum term of 12 months and 35 hours of work per week;
    • have an offer for ongoing employment from an employer that is:
      • located in a designated regional area in NSW; and
      • registered in Australia.

    b. At least five years skilled employment experience (offshore Applicants)

    If you reside outside of Australia, you must:

    • hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list; and
    • have at least five years of skilled employment in such nominated occupations, or a closely related occupation.

    c. Family ties in regional NSW

    To be eligible for NSW nomination under this category you must:

    • hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list; and
    • have an immediate family member in a designated regional area in NSW who satisfies all of the criteria below:
      • a grandfather, grandmother, father, mother, brother or sister of the Applicant (including by virtue of a step or adoptive relationship);
      • at least 18 years of age;
      • either an Australian Permanent Resident, an Australian Citizen or a NSW nominated provisional visa holder (489);
      • currently residing in a designated regional area in NSW; and
      • has been residing in a designated regional area in NSW for at least the previous 24 months,
      • and you must ensure that your family member has completed a statutory declaration to confirm that they satisfy each of the above chain migration requirements.”

    As always, for any questions feel free to reach out to our team and we will be gladly assisting you.