491 Pathway 1 – Apply if you’re currently employed with a regional NSW employer
Basic Eligibility
To be eligible for NSW nomination, you must meet the basic criteria outlined below:
Visa Eligibility
You must meet all requirements set for the 491 visa subclass.
Skills Assessment
You must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.
Employment
To apply under this pathway, you must be currently working in a designated regional area of NSW, and have continuously done so for the past six months.
Your qualifying skilled employment in the six months immediately before applying must be:
- In your nominated (or closely related) occupation; and
- With the same regional NSW-based employer; and
- Paid a minimum of the TSMIT/CSIT salary rate from your qualifying employer in your nominated (or closely related) occupation at the time of applying.
Your nominated occupation must be eligible for the Skilled Work Regional visa (subclass 491).
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.
Residency
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. This criteria caters for those working in NSW border towns. For example, if you live in the Wodonga (VIC) and you work in Albury (NSW), you are eligible under Pathway 1.
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.
Key Steps
To apply directly for NSW nomination under ‘Pathway 1‘ you must:
- Check Eligibility: Ensure you meet both the visa and NSW nomination eligibility requirements before applying.
- Submit Your EOI: If you meet the criteria, submit an EOI in SkillSelect. Note: Your qualifying employment must be listed in your EOI.
- Apply For Nomination after open
- Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment.
If you’re seeking a TSMIT/CSIT concession, follow these steps before applying for NSW nomination:
- Check Eligibility: Ensure you meet the eligibility requirements for a TSMIT/CSIT concession outlined above.
- Employer to Submit TSMIT/CSIT Concession Application: Your employer must apply for the TSMIT/CSIT concession on your behalf using our online form. This application must be approved before you can proceed with the NSW nomination at a salary below the TSMIT/CSIT threshold. Note: Only employers can submit TSMIT/CSIT concession applications; applications submitted by migrants cannot be accepted.
- Wait For Your Concession Assessment: Your application will typically be assessed within two weeks.
- Continue with Pathway 1 Application: Once your TSMIT/CSIT concession is approved, you may proceed with the Pathway 1 application steps outlined below.
Salary – TSMIT/CSIT threshold
To meet the Temporary Skilled Migration Income Threshold (TSMIT) or Core Skills Income Threshold (CSIT) for NSW nomination under the Pathway 1 for the Skilled Work Regional visa (subclass 491), the following types of income will be considered:
- Base Salary (Guaranteed Earnings): This includes the standard salary paid for your regular hours of work, excluding non-guaranteed bonuses, allowances, or overtime payments.
- 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).
- 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/CSIT 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/CSIT threshold for NSW nomination.
Salary – TSMIT/CSIT concession
To be eligible for the TSMIT/CSIT concession, you must be employed in an eligible occupation and meet one of the two concession requirements below:
1. Type 1 Concession: Businesses must demonstrate that the applicant’s annual monetary earnings are at least 90% of the TSMIT/CSIT. Additionally, total earnings must meet applicable industrial award requirements and align with 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/CSIT. Non-monetary earnings, such as food and board, can make up the difference but must not exceed 10% of the TSMIT/CSIT, with the total remuneration package being at least equal to the TSMIT/CSIT.
The employer must apply for the TSMIT/CSIT concession on behalf of the migrant employee. Importantly, the TSMIT/CSIT concession must be granted before the migrant applies for NSW nomination under Pathway 1 at the reduced income level. NSW aim to process all TSMIT/CSIT concession applications within two weeks.
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/CSIT concession for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491). These include:
| ANZSCO Code | Occupation |
|---|---|
| 141111 | Cafe or Restaurant Manager |
| 234611 | Medical Laboratory Scientist |
| 311111 | Agricultural Technician |
| 311215 | Pharmacy Technician |
| 321211 | Motor Mechanic (General) |
| 324111 | Panel Beater |
| 324311 | Vehicle Painter |
| 331112 | Stonemason |
| 351112 | Pastry Cook |
| 351211 | Butcher or Smallgoods Maker |
| 351411 | Cook |
| 361311 | Veterinary Nurse |
| 411715 | Residential Care Officer |
Other State Skilled Occupations lists for 190 visa and 491 state sponsored regional visa
Select a state below to see it’s requirements:
Australia
State and territory requirements
Each state and territory has its own list of occupations, requirements and processes you must follow.
More information about the requirements and processes on how Australian states or territories nominate applicants is available.
