Common questions about skilled visas

Once you are nominated by NSW—which means your NSW application was approved and you were invited to apply for the visa by Home Affairs—you become ineligible to be nominated again for any skilled visa. This is because each nomination uses one of the limited places allocated to us by Home Affairs, and we cannot reassign it to someone else. These spots are highly limited and based on the state's needs and demand, so it's not feasible for us to allocate more than one to a single migrant.

To apply for NSW nomination, you must meet specific residency requirements based on your current location as stated in your SkillSelect Expression of Interest (EOI). You will need to provide evidence that you meet these criteria:

• For Onshore Candidates:
  • Skilled Nominated visa (subclass 190): You must be currently residing in NSW and have continuously resided in NSW for at least six months.
  • Skilled Work Regional visa (subclass 491): You must be currently residing in NSW and have continuously resided in NSW for at least three months.
• For Offshore Candidates:
  • Skilled Nominated visa (subclass 190): You must be currently residing offshore and have continuously resided offshore for at least six months.
  • Skilled Work Regional visa (subclass 491): You must be currently residing offshore and have continuously resided offshore for at least three months.

Important Note: If you move between NSW and offshore, the residency period resets, and you will need to meet the relevant residency requirement again. For example, if you move from NSW to an offshore location, the required period of continuous residency (six or three months) will start over.

To prove your residency, you must provide:

• Bank statements from your main transaction account showing your salary and everyday transactions for a minimum of six months.

In addition, you should provide any of the following documents that apply to you:

• Rental or lease agreements
• Utility bills (e.g., gas, water, electricity)
• Other bills (e.g., phone, internet)
• Driver’s license or proof of age card

These documents must clearly show your name and address to demonstrate your continuous residence in NSW or offshore, as required.

We cannot provide specific advice as each situation is assessed on a case-by-case basis. However, the key consideration is the residency requirement—this refers to where you are primarily living or "residing." Generally, a short-term trip offshore, such as a holiday, would not affect your residency status in NSW if you maintain your residence in the state.

That said, we strongly advise against making significant life decisions solely based on meeting our nomination criteria. Due to the high demand and limited number of available places, the likelihood of being invited for NSW nomination is low.

No, time spent in NSW on a tourist visa does not count towards meeting the residency requirements for NSW nomination. To be eligible, you must reside in NSW on a visa that permits you to live and work in the state. Any time spent on a tourist visa will not be considered as part of the required residency period.

Yes, you can still be considered for NSW nomination in the future, even if your previous application was refused.

• If you were invited by NSW: If NSW refused your application after inviting you to apply for a subclass 190 or subclass 491 - Pathway 2, you must submit a new EOI in SkillSelect to be considered in future invitation rounds—there is no waiting period. 
• If your refusal was under subclass 491 - Pathway 1 or Pathway 3: You are eligible to reapply for nomination after six months from the date of refusal.

If you’ve claimed points for skilled employment, you must provide evidence of your employment when you apply to NSW. Although it’s not mandatory to have your employment assessed by a skills assessing authority, many applicants choose to do so. If you have had your employment assessed, you do not need to provide further evidence for that employment.

For those who have not undergone an assessment by a skills assessing authority, you may provide any of the following documents as evidence:

• Employment contract
• Employment reference letter, including your employment duration, weekly hours, and duties
• Payslips
• Letter of offer

Please note that during the assessment process, we may request additional evidence if needed, which could include asking you to have your employment assessed by the relevant skills assessing authority.

If your employment has already been assessed by a relevant skills assessing authority and you are still in the same role, you do not need to have it reassessed. Instead, you can provide evidence that you remain in the same employment by submitting one of the following:

• An employment reference letter that includes your employment duration, weekly hours, and duties
• Recent payslips

This documentation confirms your continued employment without the need for additional assessment.

We have recently updated our approach to skilled employment, removing previous restrictions on what employment can be claimed in your EOI. NSW now follows the Home Affairs definition of skilled employment.

Please note that we cannot advise you on which employment you’re eligible to claim in your application. For specific guidance on what employment you can claim, we recommend consulting a registered migration agent or legal practitioner.

The NSW Skills Lists identify skills that are in demand within NSW and align with the state’s target sectors and key priorities. These lists help address skills shortages by guiding the nomination process for skilled visas.

There are two lists:

1. NSW Skills List: This list applies to the Skilled Nominated visa (subclass 190). It includes skills classified at the ANZSCO unit group level that are needed across NSW.
2. NSW Regional Skills List: This list is specific to the Skilled Work Regional visa (subclass 491) and focuses on skills needed in regional areas of NSW. It also uses the ANZSCO unit group classification to determine eligible skills.

For the 2024-25 program year, only those occupations that both fall within the listed ANZSCO unit groups, and are eligible for the respective visa, will be considered for NSW nomination, ensuring that skilled migration supports the state’s economic and workforce needs.

NSW will not invite EOI in occupations outside of its skills lists.

NSW only invites EOIs for occupations that fall within skills listed on the NSW Skills List for the Skilled Nominated visa (subclass 190) and the NSW Regional Skills List for the Skilled Work Regional visa (subclass 491). These lists focus on occupations that align with the state's target sectors and key priorities where there are identified skills shortages.

Receiving an invitation to apply for NSW nomination is highly competitive, and there is no guarantee of being invited. We rank EOIs within each ANZSCO unit group based on several factors, including age, education, English proficiency, total years of skilled work experience, and points score. Due to the high demand and limited number of available places, the vast majority of people seeking NSW nomination will not be invited, regardless of how strong people believe their EOI may be.

This is why we strongly recommend exploring all possible migration pathways and not relying solely on an invitation from NSW. Additionally, we do not accept requests for invitations via email or other forms of communication. Invitations are only issued according to our established process, and we will not make exceptions for any reason.

Invitation rounds take place continuously throughout the financial year, without specific dates. Given the competitive nature of the process and the limited number of invitations, we encourage you to consider all available migration pathways rather than relying solely on an invitation. This approach will help you maximise your chances of achieving your migration goals.

NSW will not resend invitations. Our invitation links are valid for 14 days and will not be reissued under any circumstances. If you miss the opportunity to apply within the 14-day period, you will need to submit a new Expression of Interest (EOI) in SkillSelect to be considered in future invitation rounds. However, please note that being invited again cannot be guaranteed, as EOIs are only invited once per EOI number, and the process is highly competitive.

It is not possible to change an invitation from the Skilled Work Regional visa (subclass 491) to the Skilled Nominated visa (subclass 190). Each invitation round for these visa subclasses is conducted independently. If you were invited for the subclass 491 visa, it is because you selected this option in your EOI.

If you do not wish to be considered for the subclass 491 visa, you should remove this option from your EOI. This will allow invitations to be extended to those who genuinely wish to be nominated for the subclass 491 visa.

You cannot request an invitation to apply for NSW nomination. Invitations are issued based on our established criteria and selection process, which considers factors such as your occupation, ranking within the relevant ANZSCO unit group, and eligibility for the respective visa subclass. We do not accept requests for invitations through email or any other form of communication, and we cannot make exceptions outside of this process.

Our invitation links are valid for 14 days only – you must apply within this time. We will not reissue your invitation if the link expires.

If you do not apply to NSW using your invitation link and wish to be considered again in a future invitation round, you must submit a new EOI in SkillSelect – EOI numbers are prevented from being invited more than once. 

To meet the Temporary Skilled Migration Income Threshold (TSMIT) for NSW nomination under the Pathway 1 for the Skilled Work Regional visa (subclass 491), the following types of income will be considered:

1. Base Salary (Guaranteed Earnings): This includes the standard salary paid for your regular hours of work, excluding non-guaranteed bonuses, allowances, or overtime payments.
2. Guaranteed Allowances: Some allowances may be included if they are guaranteed, part of your regular income, and related to your employment. Examples include:
   • Guaranteed housing or living allowances (regularly paid as part of your employment package).
   • Car allowances (paid as a cash benefit).
   • Travel allowances (if paid as a cash benefit and guaranteed, not reimbursed expenses).
3. Non-monetary Benefits: Non-monetary benefits such as health insurance or accommodation can be included if they are guaranteed, have a clear cash value, and are specified in your employment contract. However, these benefits are generally capped and may not fully cover the TSMIT requirement on their own.

What Cannot Be Included:

• Non-guaranteed payments like bonuses, commissions, or incentives tied to performance.
• Overtime payments and penalty rates (unless they are guaranteed and part of the regular employment contract).
• Reimbursed expenses such as travel costs, uniforms, or relocation expenses.
• Superannuation contributions (mandatory employer contributions to retirement savings).

NSW follows the same guidelines as the Department of Home Affairs, so all income types accepted by Home Affairs will also be accepted for meeting the TSMIT threshold for NSW nomination.

There is no residency requirement for nomination under Pathway 1. However, there is a requirement related to where you work. To be eligible, you must:

• Have been employed for at least six months at a minimum of 20 hours per week in your nominated occupation; and
• Be working from an established business premises located in regional NSW.

In summary, the requirement focuses on where you work, not where you live.

Please note that these are not the only requirements for eligibility under Pathway 1. Be sure to review all eligibility requirements carefully to ensure you meet them before applying.

All occupations eligible for the Skilled Work Regional visa (subclass 491) qualify for NSW nomination under Pathway 1. Applicants applying for Pathway 1 nomination are not limited by the NSW Regional Skills List.

To be eligible for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491), you must be working from an established business premises in a designated area regional NSW. The premises must be a dedicated commercial space where your employer operates their business.

The following types of work premises are not considered acceptable:

• Your home or residential address
• Someone else’s home, including your employer's home
• Co-working spaces or shared office environments

The business premises must be a proper commercial location that demonstrates a legitimate business operation in regional NSW.

Applications for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491) are often declined for the following reasons:

• The applicant is not genuinely working in their nominated occupation or cannot demonstrate that they are performing the tasks specific to their occupation.
• The applicant is not working from an established business premises. This includes cases where the applicant is working from their home, someone else’s home (such as their employer’s home), or a co-working space, which are not considered acceptable premises.
• The applicant is not being paid at or above the TSMIT rate (or at least 90% of the TSMIT rate if they have an approved TSMIT concession).

Ensuring you meet all these requirements is crucial to improving your chances of a successful application.

To be eligible for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491), you must be in genuine, regular employment with an established business. Acceptable types of employment include full-time, part-time, or casual roles where you are paid at or above the TSMIT rate (or at least 90% of the TSMIT rate with an approved concession).

The following types of employment are not eligible:

• Self-employment: If you own or operate your own business, you are not eligible for nomination under this pathway.
• Employment by a spouse or family member: If you are employed by your spouse or a close family member, this will also be considered ineligible.

The employment must be with an independent, unrelated employer and involve genuine work in your nominated occupation from an established business premises in regional NSW.

You may be eligible for a TSMIT concession if you are employed in one of the occupations listed on the TSMIT Concession List, available on our Skills List page. The TSMIT concession allows you to apply for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491) with a salary at least 90% of the standard TSMIT rate.

To apply for this concession, your employer must first complete and submit our TSMIT concession form. This concession must be approved by our office before you can apply for nomination at the reduced salary rate.

Please note that receiving a TSMIT concession does not guarantee approval of your subsequent NSW nomination application under Pathway 1.

The employer must apply for the TSMIT concession on behalf of the migrant employee. We cannot accept a TSMIT concession application submitted by the migrant. Importantly, the TSMIT concession must be granted before the migrant applies for NSW nomination under Pathway 1 at the reduced income level.

An employer can apply for a TSMIT concession on behalf of their employee by completing our online form. We aim to process all TSMIT concession applications within two weeks.

There are two types of TSMIT concessions available for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491). These concessions are designed to support businesses in regional NSW while ensuring that workers receive fair compensation and that market salary rates and relevant industrial awards are maintained.

1. Type 1 Concession: Businesses must demonstrate that the applicant’s annual monetary earnings are at least 90% of the TSMIT. Additionally, the total earnings must meet the requirements of any applicable industrial awards and be in line with the Annual Market Salary Rate (AMSR) expectations for the specific occupation and location.
2. Type 2 Concession: Businesses must demonstrate that the applicant’s monetary earnings are at least 90% of the TSMIT. Non-monetary earnings, such as food and board, can make up the difference but must not exceed 10% of the TSMIT, with the total remuneration package being at least equal to the TSMIT.

There are specific rules regarding what constitutes eligible non-monetary earnings:

• The benefits must directly relate to the actual living costs of the employee and would genuinely have been paid by the employee if the employer had not covered them.
• The benefit must be measurable, documented, and verifiable.
• The benefit must be guaranteed in the employment contract and must be consistent with the benefits provided to other similar employees.
• Non-guaranteed payments such as overtime, bonuses, and commissions are excluded from eligible non-monetary benefits.

For both concession types, the total earnings must also meet the award requirements and AMSR expectations for the specific occupation and location.

Thirteen occupations are eligible for a TSMIT concession for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491). These include:

Eligible study for Pathway 3 must meet the following criteria:

• Completed at the bachelor’s level or higher.
• Qualifies you to claim points for ‘Study in regional Australia’ – these points must be claimed from a single course and appear in your EOI.
• Completed entirely at an institution located in a designated regional area of NSW.
• The study must be related to your nominated occupation.

To be eligible for Pathway 3, you must have completed your qualifying study within the two years immediately before applying for NSW nomination.

The NSW Business and Skilled Migration team can only respond to questions specifically about NSW nomination for the Skilled Nominated visa (subclass 190) and Skilled Work Regional visa (subclass 491).

For all enquiries not addressed on our website, please contact us by email at skilled.migration@investment.nsw.gov.au. 

Note, we cannot respond to enquiries about:

• Your eligibility to apply for NSW nomination or your likelihood of being invited
• Migrating to other Australian states or territories
• Visa-specific questions, such as eligibility to claim points in your SkillSelect EOI or visa processing with the Australian Government
• Requests for special consideration to be invited to apply for NSW nomination

For visa-specific information, including eligibility and points, please refer to the Department of Home Affairs website.

The application fee for NSW nomination for skilled visas is $315 (plus GST if paid within Australia). This fee is payable immediately after submitting your application. Once you submit the application form, a payment link will automatically be sent to the email address provided in your form.

Please note: This is an assessment fee, not an approval fee, and is non-refundable regardless of the outcome of your application.