NSW Skilled Work Regional visa (subclass 491) requirements

NSW Skilled Work Regional visa (subclass 491) requirements

NSW nomination for this visa allows skilled migrants to live, work and study in designated regional areas of NSW for a period of 5 years.

There are two pathways to NSW nomination for this visa:

Pathway 1 – Apply directly to Investment NSW if you have an established work history with a regional NSW-based employer.
Pathway 2 – Be invited to apply by Investment NSW.

NSW nomination for this visa under ‘Pathway 2’ is exceptionally competitive. Consequently, NSW strongly encourage anyone considering NSW nomination under ‘Pathway 2’ to consider all other migration pathways and not wait to be invited to apply for NSW nomination.

491 NSW Pathways

The Federal Government retains ultimate responsibility for Australia’s migration program, including the allocation of available places across program streams and making decisions on visa applications.

Basic Eligibility for NSW 491 nomination

To be considered for NSW nomination, at a minimum, you must meet the following basic criteria:

Visa eligibility: You must meet all visa requirements outlined for the 491 visa.
Skills assessment: You must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.
Residency: You must be either currently residing:
- in NSW and have continuously resided in NSW for a minimum period of three months; or
- offshore and have continuously resided offshore for a minimum period of three months.

Regional NSW-based direct pathway

To apply under this pathway, you must:

Ensure you are eligible for the 491 visa
Be currently living and working in their nominated (or closely related) occupation in a designated regional area of NSW, and have continuously done so for the past twelve (12) months for a minimum of 20 hours per week
Have a valid skills assessment in an occupation within a unit group that appears on the NSW Regional Skills List and is eligible for the visa
Are paid at least the TSMIT level or $53,900 per annum (full time basis) excluding superannuation
Provide evidence for all points claims in your SkillSelect EOI, and where you currently reside, with your application. You must also provide a copy of your SkillSelect EOI

Pathway 1 -Apply directly to Investment NSW if you have an established work history with a regional NSW-based employer.

To apply directly under ‘Pathway 1’, you must be currently living and working in a designated regional area of NSW and have continuously done so for the past 12 months.

Your qualifying skilled employment in the twelve months immediately before applying must be:

With a single regional NSW-based employer; and
In your nominated (or closely related) occupation; and
Deemed skilled by NSW; and
Paid a minimum of the TSMIT salary level of $70,000 (prorated if under 38 hours per week) from your qualifying employer in your nominated (or closely related) occupation.

Important: your qualifying skilled employment must occur after the date NSW deems you skilled in your occupation and must appear in your SkillSelect EOI.

Key Steps for Securing NSW Nomination

The NSW nomination process involves several crucial steps that are different for each nomination pathway:

To apply directly for NSW nomination under ‘Pathway 1’ you must:

Check Eligibility: Before submitting your EOI in SkillSelect, ensure you meet both the visa and NSW nomination eligibility requirements.
Submit Your EOI:If you meet the criteria, submit an EOI in SkillSelect, specifically requesting NSW nomination for this visa only. Note: Your qualifying employment must be listed in your EOI.
Apply For Nomination: Apply for NSW nomination using our online application form (available soon).
Wait For Your Nomination Assessment:Your application will typically be assessed within six weeks after payment. To help us stick to this timeline, please refrain from contacting us for updates during this period.

Pathway 2 – Be invited by Investment NSW

To be considered under this pathway, you must:

Ensure you are eligible for the 491 visa
Confirm you meet the NSW basic eligibility criteria outlined below
Complete an EOI in SkillSelect and ensure that:
- all information is accurate
- your EOI seeks nomination for the Skilled Nominated visa (subclass 491) and NSW only.
Be invited to apply during an invitation round. NSW will not issue an invitation to apply for any reason outside the normal functioning of an invitation round. Do not contact our office requesting to be invited
Apply to Investment NSW within 14 days of being invited
Provide evidence for all points claims in your SkillSelect EOI and where you currently reside

Important information about invitation rounds

Invitation rounds are an integral feature of the NSW nomination process under ‘Pathway 2’. Here are the essential points:

Invitation Rounds

Timing: Invitation rounds occur throughout the financial year. There are no predetermined or publicly announced dates for invitation rounds.
Selection: NSW considers multiple factors when selecting EOIs. These include your points score, English language proficiency, and your skilled work experience. NSW priorities EOIs submitted in NSW target sectors.
Discretion: Invitation for NSW nomination is at the sole discretion of the NSW Government.
Submission Date: The date you submit or amend your SkillSelect EOI has no impact on your likelihood of being invited.

NSW Target Sectors

During ‘Pathway 2’ invitation rounds, NSW will prioritise EOIs in occupations that fall under our key industry sectors—health, education, ICT, infrastructure and agriculture—during the invitation rounds.

Participating RDA offices

Central Coast
Central West
Far South Coast
Far West
Hunter
Illawarra
Mid North Coast
Murray
Northern Inland
Northern Rivers
Orana
Riverina
Southern Inland
Sydney

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Common reasons applications are declined

Common reasons why applications are declined include where an applicant:

Wasn’t eligible to claim all the points in their EOI

It is the responsibility of the EOI owner to ensure they can provide evidence for all the claims in their SkillSelect EOI. Common causes for being declined for this include:

Claiming credentialled community language points when your qualification has expired. Your CCL certificate must be valid on the day you are invited to apply by NSW to claim these points
Claiming professional year points when you are not eligible. Your professional year must be in your nominated (or closely related) occupation to claim these points
Claiming points for skilled employment before the date you are deemed skilled in your occupation (see below)

Does not meet the residency requirement

You must be either currently residing in NSW or offshore, and have done so for a minimum period of three months.

Over-claimed points for employment

If your skills assessment displays a date you have been deemed skilled in your occupation, you cannot claim points for skilled employment before this date. This particularly applies to ACS and most VETASSESS assessments.

If your assessment does not display this date, you cannot claim points for skilled employment before you completed your qualification.

To ensure you are eligible to accept your NSW invitation, we strongly recommend you confirm you are eligible to claim all the points in your SkillSelect EOI, and that you have only claimed eligible skilled employment.

If you have claimed points in error, you are not eligible to accept your NSW invitation if invited. There are no exceptions for any reason.

Alternative migration options

NSW nomination for the Skilled Work Regional (Provisional) visa (subclass 491) is just one of a number of visa options for prospective skilled migrants. There are a range of visas offered by Home Affairs, including both temporary and permanent employer nominated visas.