What Happens If Your State Withdraws Your 190 or 491 Nomination?

For the Skilled Nominated visa (subclass 190) and the state-nominated Skilled Work Regional visa (subclass 491), your nomination is not a one-off step. It has to stay in place until your visa is decided. If the state or territory withdraws it, the consequences are serious.

The nomination must stay in place until the decision

Clause 190.215 is a time of decision criterion: the nominating state or territory government agency must not have withdrawn the nomination. The Department’s 190 instructions say officers can be satisfied the nomination continues unless the state notifies the Department in writing that it has been withdrawn. If that happens after the application is lodged but before a decision, the application must be refused.

The 491 has an equivalent nomination requirement for state-nominated applicants. The details differ slightly, so check the specific criteria for your stream.

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What happens to your points

Under the Schedule 6D points test, the nomination points are only awarded if the nomination has not been withdrawn before the assessed score is given:

Visa	Nomination points	Lost if
190	5	The nomination is withdrawn before your points are assessed
491 (state nominated)	15	The nomination is withdrawn before your points are assessed

The Department’s instructions say that once an assessed score has been given it cannot be revoked, even if the nomination is later withdrawn. But that does not save the application. Without a nomination, you cannot meet the nomination criterion itself.

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Why states withdraw nominations

Each state sets its own conditions, so reasons vary. Common triggers include:

• information in the nomination application turning out to be incorrect or misleading;
• a change in circumstances that means you no longer meet the state’s criteria, such as leaving the job or location you relied on;
• not keeping the commitments you gave to the state, such as living in the state;
• not responding to the state’s requests for information.

Read your state’s current criteria and the commitments you signed. Our guides to 190 state requirements and 491 state requirements are a good starting point.

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How to protect your application

1. Keep a copy of everything you told the state, and make sure your EOI and visa application match it.
2. Tell the state promptly about changes in your job, address or circumstances, as its rules require.
3. Respond quickly to any request from the state or the Department.
4. If the state says it is considering withdrawing your nomination, get advice straight away.

If you hold a 491 and are thinking ahead to permanent residence, also read the 3-year rule for 491 and 494 holders applying for a 189 or 190.