This guide will help you determine whether your work experience and qualifications will allow you to apply for one of the eligible New South Wales state government sponsored occupations.
Eligible occupations for NSW state sponsorship
In order to obtain a 489 or 190 visa, you will need to obtain a positive skills assessment for one of the occupations that is listed in NSW’s skilled migration occupation list. The NSW government can change their list of sponsorable occupations without notice, so you do need to ensure that your selected ANZSCO occupation is available for sponsorship.
Firstly, have a look at this list of sponsorable occupations and determine if any of these can potentially align with your qualifications and/or experience. Basically, you are trying to find an occupation for which you think you can obtain a positive skills assessment.
How do I find more information about a particular listed occupation? You’ll need to search for that particular ANZSCO occupation and look at the tasks listed. For instance, the ANZSCO occupation of Civil Engineer is on the list of sponsorable occupations. Search for Civil Engineer and you’ll find this ANZSCO: Civil Engineer (233211). Associated with this ANZSCO are a number of tasks. This list of tasks is a general description of what a qualified Civil Engineer is expected to do. Because ANZSCO is a general description of the occupation, you don’t need to perform all the tasks listed, and you may have performed some additional duties in your current and previous employment roles.
For the ANZSCO occupation that you’re interested in, find the relevant skills assessment body’s website and look at its requirements for obtaining a positive skills assessment outcome (note that for some occupations, there is more than one relevant skills assessment body. You can use any of the listed bodies for your skills assessment application). For instance, the skills assessment body for engineering related occupations is generally Engineers Australia (Home page / Skills assessment information).
If you are not sure about which skills assessment body is applicable for your occupation, find the occupation on the Consolidated Sponsored Occupation List. This list states the relevant skills assessment body for each sponsorable occupation.
This is the only list for NSW state government sponsorship. There are no off-lists, or exempts, or special consideration because you studied or worked in the state etc. You need to obtain a positive skills assessment for an occupation on this list
NSW state sponsorship application process
I assume that you have found an appropriate and eligible ANZSCO, for which you think that you meet the requirements of the skills assessment body to obtain a positive skills assessment outcome.
If you are applying for 190 visa sponsorship, then there are no additional eligibility requirements for you to satisfy in order to gain NSW state sponsorship.
To apply for this sponsorship, you need:
- prepare and submit your EOI
- lodge a complete NSW Skilled –Nominated (subclass 190) application form
- provide all required supporting documents to evidence your claims
- enclose payment – bank cheque/money order for $300 (offshore) or $330 incl. GST (onshore) made payable to NSW Trade and Investment
Applications are processed in accordance to when they are lodged. Your application will be assigned to an assessing officer based on the date that it was received.
If you are applying for 489 visa sponsorship for a particular regional area, then you must agree to live in the designated region for a period of 2 years.
To apply for nomination from one of these regions you must complete NSW Form R and send it with copies of required documents and the application fee to the regional office you are seeking nomination from.
You will be advised of the outcome of your application through a letter. If your application is successful, the application form will be stamped and signed by the authorised officer from the regional office.
Receiving an invitation from the Department
We assume that you have a positive skills assessment, that you have submitted your EOI and that you have received approval for NSW state sponsorship.
Every month, the Department will issue invitations to people who have lodged their EOI. You must receive this invitation before you can apply for the 190 visa. For each occupation, the Department will firstly invite individuals who have the highest points – for individuals who have the same amount of points, the Department will firstly give priority to those that finalised and submitted their EOI first.
Based on the Department’s reports in relation to the invitations issued, you should receive an invitation if you are able to achieve 60 points for most occupations.
Eligibility requirement for 190 & 489 visas
In the above steps, you should have confirmed that you can obtain a positive skills assessment for an eligible occupation, and you meet all the requirements for state sponsorship as set by the NSW state government.
Now you meet to check that you at least meet the threshold requirements for the visa:
- You need to be under 50 years of age
- You have obtained a positive skills assessment for an eligible occupation
- You need to meet the English language requirement
- You points score is at least 60 (find out how points are allocated)
- You meet the health and character requirements
English language requirement
You need to have ‘competent’ English language ability which is satisfied if:
- You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
- You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
- 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 need to satisfy the relevant requirement in order to gain those points.
English language ability & claiming points
You can only rely on an IELTS or OET examination result in order to claim points for your English language ability. You must be using a result from an examination that was completed within 3 years of the date of lodgement of the application. The required band scores for the test components must be demonstrated in one test. The Department will not accept separate IELTS tests for each component.
In relation to counting points on the basis of your English language ability:
- the Department will not accept any examination result other than an IELTS or OET examination result
- the examination must be completed within the 3 year period that precedes the date of lodgement of the application
- if you are exempted from satisfying the English language requirement due to the passport that you hold, you can and you still need to complete an IELTS or OET examination if you want to claim points on the basis of your English language ability
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 skills 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.
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 need to be under 50 years of age at the time that you are invited to apply for the visa.
Dependents who are over 18 – Functional English language ability
All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:
- Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
- Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
- Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
- Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
- Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.
The application process
You can only lodge an application using the Department’s online portal once you receive an invitation.
You can lodge your visa application while you are inside or outside of Australia (but you won’t be granted a Bridging Visa A that is associated with your Subclass 190 visa application if you are outside of Australia at the time of lodgement).
After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.
In my experience, normal processing time is 3-6 months.
How much does this visa cost?
The below is just a list of the relevant government lodgement fees:
- Base application fee: $3520
- Additional applicant charge for each additional adult that is 18 years and over: $1760
- Additional applicant charge for each additional adult that is 18 years or under: 880
Secondary visa application charge (SVAC)
This fee will apply to each dependent applicant that is over 18 and is not able to demonstrate functional English language ability. The primary applicant must satisfy the applicable English language requirement.
This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required. For adult dependents that can’t demonstrate functional English, the SVAC is $4,885.
How we can help and our professional fees
Our professional fee for assisting with a 190 visa application will be $3,000. This includes assisting with the skill assessment application and application for state sponsorship.
With our clients, we do commence the process by completing a thorough eligibility assessment.
See the feedback that we have received from our clients.