Australia’s Visa Subclass 190 (State Nominated) – Explained!

Skilled Nominated (Permanent) (Class SN) (Subclass 190)  a.k.a Subclass 190

The Subclass 190 Skilled Nominated visa is a permanent residency visa type for skilled workers and their family (spouse/ defacto partner and their children) who are sponsored by a state.

Unlike the subclass 189, this visa requires an applicant to submit an expression of interest with a specific state selected, fulfil all the requirements for their occupation (for the state in question) as well as submit any documents required for that state.

You can also default to ‘any state’ as well to broaden your options.

Each state runs their own state nomination program and are all slightly different in their implementation.

The Process In Brief

The process for applying for a subclass 190 visa can be seen below.

You’ll notice that compared to the subclass 189 visa type, there is the additional stage of ‘state application’.

What Are The Primary Criteria For The Subclass 109?

Below we have listed the main or ‘primary’ criteria for the grant of this visa. We have paraphrased and simplified the legal clauses to make them easier to understand.

• A positive skill assessment for an occupation that is on the Medium and Long Term Strategic Skills List (MLTSSL) or Short Term Skilled Occupation List – Migration Regulations 1994 (CTH) Sch 1 Item 1138 4 (4)
• Meet or surpass the minimum English language requirement – Migration Regulations 1994 (CTH) Sch 2 reg 190.213
• You must be nominated by a State or Territory government agency – Migration Regulations 1994 (CTH) Sch 1 Item 1138 4 (5)Receive an invitation to apply from the Department – Migration Regulations 1994 (CTH) Sch 2 reg 190.211
• Have at least 65 points in your skilled points test – Migration Regulations 1994 (CTH) Sch 2 reg 190.214 (1)

We’ll go through each of the sections below.

Which Occupation List Can You Be On?

This visa allows people whose occupation is on either the Medium and Long Term Strategic Skills List (MLTSSL) or the Short Term Skilled Occupation List (STSOL).

Both lists have different sets of occupations, which you can find using the links above.

Understanding the occupations on the list

We’ve covered this in a previous article but it’s good to get a refresher on it – how do you determine if your qualifications and experience matches the occupations stated in one of the skilled occupation lists?

Usually, most of the occupations will be pretty self-explanatory just from their title, however you might sometimes encounter certain occupations that are a bit harder to classify.

In this instance you will need to search for that particular ANZSCO and look at the tasks listed.

Too complicated? Let’s refer to an example:

Civil Engineer is on the MLTSSL. A quick search and you will find Civil Engineer (233211) code, click on the link and you will notice that the Australian Bureau of Statistics (ABS) list the tasks a qualified Civil Engineer is expected to complete.

You will need to complete a similar group of tasks as compared to what is written there – 60% or more is usually enough.

The English Language Requirement

The English language requirement remains unchanged for this visa type (i.e. it is identical to that of the subclass 189). This can be seen below.

You need to have ‘competent’ English language ability which is satisfied if you have:

1. An IELTS test score of at least 6 in each of the four test components of speaking, reading, writing and listening; or
2. An OET test score of at least B in each of the four test components of speaking, reading, writing and listening; or
3. A TOEFL iBT test score with at least the following scores in the four test components: 18 for speaking, 13 for reading, 21 for writing and 12 for listening; or
4. A PTE Academic test score of at least 50 in each of the four test components of speaking, reading, writing and listening; or
5. If you hold a passport from the United Kingdom, the United States, Canada, Ireland of New Zealand

Please note that this is the minimum English language requirement that all primary visa applicants need to satisfy.

If you are counting points on the basis of your English language ability, then you still need to satisfy the relevant requirement in order to gain those points.

Nomination From a State or Territory Government

This visa differs to the direct entry of the subclass 189 because it requires a state to nominate your application before you can proceed to receive an invitation from the federal government.

Note that not all states are open for all occupations throughout the year – and that states have varying requirements on who is allowed to apply for a nomination.

Invitation To Apply

We’ll talk about this later in the guide, but in essence your visa is not officially being processed by the Department of Home Affairs (DHA) until you have received an invitation from them to apply for the visa programme.

This happens only after a state has nominated you – without the nomination you can’t proceed to this stage.

Under 45 Years Old

Same as per other skilled visa types, the subclass 190 is only for main applicants under the age of 45 before the time when they receive the ‘invitation to apply’ mentioned above.

That means your age is not locked in when you start the process, but only when you have a valid application with the Department of Home Affairs.

Either member of a couple (married or defacto) can be the main applicant, so in the case of one being above 45, you can apply using their partner or spouse instead – as long as they fulfil the criteria mentioned on this page.

It doesn’t matter how old the secondary applicants are, only the main applicant needs to be under 45 years old to qualify.

The 65 Points Requirement

As of July 1st 2018, the minimum points threshold for a valid application was adjusted to 65 points (previously it was 60 points).

Your points are made up from various factors such as your age, English language ability and others, which you can see in the table below. Note that by applying for this visa type, you will get an additional 5 points for having a state nomination.

Please see some explanatory notes below on some of the key items in the table above.

Continued below…

Work experience

• You must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation.
• The work must be paid – it cannot be voluntary work.
• You can only count ‘skilled’ employment, that is it the work was undertaken after the applicant meets at least the entry level requirements as set by the relevant assessing authority for that occupation.
• The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skill assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.

Educational qualifications

• If you hold multiple recognised qualifications, you can only count points for one of your recognised qualifications (e.g. if you have completed a Bachelor degree and a Diploma degree, you can receive points for the Bachelor degree only).
• Your relevant skills assessment body will generally determine whether any qualifications earned outside Australia are of a standard that is comparable to the relevant Australian qualification.
• You may be able to receive points for a qualification that is not related to your nominated occupation.

Australian study requirements

This means you have been awarded one or more degrees, diplomas or trade qualifications through a course or courses taken at an Australian educational institution.

Your course or courses must:

• be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
• have been successfully completed
• have resulted in you receiving a degree, diploma or trade qualification
• have been completed in a total of at least 16 calendar months
• have been completed as a result of at least two academic years of study
• have had all instruction in English
• have been completed while you were physically in Australia
• have been completed while you held a visa authorising you to study in Australia
• be counted only once towards the Australian study requirement. Any failed course subject cannot be counted towards the Australian Study Requirement

Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

You will need to fulfil all the basic requirements above to be able to start the full application process.

The Subclass 190 Application Process – In Stages

We showed you this diagram earlier, but let’s go through it in more detail so you can get a better understanding of it.

The 5 stages for the subclass 190 application are:

1. Occupation assessment
2. Expression of Interest (EOI) submission
3. State application
4. Receiving an Invitation to Apply (ITA)
5. Your visa being granted

You must go through each stage before move on to the next one.

For example, if a state does not choose to nominate you, you can’t proceed to stage 4 (ITA).

Let’s break down each of the 5 stages…

Occupation Assessment

To validate your occupation you need it officially assessed by an authorised body in Australia.

You can’t just self-declare your occupation – you must provide documentary evidence.

Every occupation has a different assessing authority, the whole list of the authorities can be seen below.

• Architects Accreditation Council of Australia Inc
• Australian Association of Social Workers
• Australasian College of Physical Scientists and Engineers in Medicine
• Australian Computer Society
• Australian Community Workers Association
• Australian Dental Council
• Australian Institute of Management
• Australian Institute of Medical Scientists
• Australian Institute of Quantity Surveyors
• Australian Institute for Teaching and School Leadership
• Australian Maritime Safety Authority
• Australian Nursing & Midwifery Accreditation Council Limited
• Australian and New Zealand Podiatry Accreditation Council Inc.
• Australian and New Zealand Society of Nuclear Medicine
• Australasian Osteopathic Accreditation Council
• Australian Orthotic Prosthetic Association
• Australian Physiotherapy Council
• Australian Pharmacy Council
• Australian Podiatry Association
• Australian Psychological Society
• Australian Society of Medical Imaging and Radiation Therapy
• Australasian Veterinary Boards Council Inc.
• Chartered Accountants Australia and New Zealand
• Civil Aviation Safety Authority
• Council on Chiropractic Education Australasia Limited
• CPA Australia Ltd
• Dietitians Association of Australia
• Institution of Engineers Australia
• Institute of Public Accountants
• Medical Board of Australia
• National Accreditation Authority for Translators and Interpreters
• Optometry Council of Australia and New Zealand
• Occupational Therapy Council (Australia and New Zealand) Limited
• Speech Pathology Australia
• Surveying and Spatial Sciences Institute
• Trades Recognition Australia

Each assessing authority also requires different documents to validate your occupation, including (not all would be required):

• Academic qualifications
• Proof of work experience
• English tests
• Reports
• Test/ exams
• Invoices and tax statements

It really depends which occupation and assessing authority you are applying to.

Take note that every assessing authority will charge you a fee and take anywhere from 3 months or more to decide on your outcome.

Once they do, you either get a positive or negative outcome letter – only positive outcomes can continue forward from this stage of the process.

Expression of Interest (EOI)

At this stage you will be submitting an expression of interest to the Department of Home Affairs that you would like to apply for skilled migration under the subclass 190 visa type.

You would need to have a positive outcome on your assessment as mentioned earlier as well as all the documents already prepared to prove that you have at least 65 points (including 5 points from state nomination) from the skilled points table we went through earlier.

Although you don’t have to upload any documents at this point, they must exist before you submit your EOI or the application will be invalid at the following stage.

You must also select which state you would be applying for – note that not every state will be open at the time you submit your EOI, so you’ll have to monitor all the states.

The pool of applicants (state)

Once submitted, you go into a pool of applicants in the same occupation as yourself, waiting for selection from a state government.

Each state has their own occupation list and varying requirements, including:

• Having a job offer
• A specific English score
• Living physically in the state

Every state can select applicants at their own preference, with some states selecting applicants at lower point scores than others.

Some occupations are more in demand than others, which reflects the selection times for those occupations.

Selection time frame

How long it takes for a state to select you varies widely depending on your occupation and the state that you are applying for.

This can range from 1 month, 12 months and in rare cases 24 months or more. The variability is wide and depends on many factors depending on your occupation.

Factors include:

• Is the state open for your occupation? If not you will not be able to be selected and you’ll have to wait till the state reopens
• Have you met all state requirements such as English level, job offer etc.
• The demand for your occupation in that state

Only once you receive a nomination from the state will they pass your application to the federal government, activating your Invitation to Apply (ITA) below.

Invitation To Apply (ITA)

This stage remains identical for the subclass 190 as the subclass 189 – when you receive your official invitation from the Department of Home Affairs, your application is about 90% of the way through the process and you are being invited to accept your place in the skilled migration program.

Applicants at this stage would have to:

• Pay their visa fees (main applicants + all other secondary applicants)
• Submit documents validating their claims in their EOI
• Police clearances for every country each applicant above 16 years old has stayed for an accumulated 12 months in the last 10 years
• Medical checks for each person in the application
• Any other documents required by the DHA on a case by case basis

Once all documents have been submitted, your application will go into the process queue for approval.

As long as all checks come out clear, your visa will be granted and the Department will contact you or your migration agent with your visa grant letter.

Visa Grant

Your visa grant letter looks something like this:

It states the details of your grant, validity period, conditions and so on…

Note that each member of your family in your application will be given their own letter and the visa type will be the same.

You will have to do an initial entry by a given date – this is essentially to activate your visa, but after that you can leave again as your initial travel authority is 5 years.

Other Notables For The Subclass 190 Visa

There are other considerations you have to keep in mind that are required for this visa to be granted:

• The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance
• This is a permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant (more on this later)
• If you are applying from outside Australia, your first entry must be made before the date specified on your visa grant letter
• Full work and stay rights anywhere in Australia

Frequently Asked Questions