491/190 visas: 2019-20 state and territory nomination ceilings revealed

In two separate Freedom of Information requests, the number of nominations allocated to Australia’s state and territories for both the permanent Subclass 190 - Skilled – Nominated visa and provisional state or territory nominated Subclass 491 – Skilled Work Regional (Provisional) visa and the visa it replaced, the Subclass 489 - Skilled - Regional (Provisional) visa, were disclosed.

The 190 and 491 visas nominated by a state or territory are part of Australia’s independent skilled migration program, otherwise known as General Skilled Migration (GSM) visas. These visas are for skilled workers in an occupation in demand, and who are not required to be sponsored or employed.

There are numerous benefits that state or territory nominated 190 or 491 visas have over the Subclass 189 - Skilled – Independent visa and the Subclass 491 – Skilled Work Regional (Provisional) visa sponsored by an eligible relative:

• They generally avoid the laws of supply and demand that determine who receives an invitation for 189 and 491 visas sponsored by an eligible relative. The points required to receive an invitation for these visas can vary depending on how many invitations are issued in a given round, which generally occurs once a month.

•  The primary applicant is only required to score 65 points in the GSM points test, an increase from 60 points on 1 July 2018. This somewhat ameliorates the issue trade occupations for GSM visas have as the points test for EOI invitation visas (189 or 491 visa sponsored by an eligible relative) is heavily geared towards occupations that require degrees, as recent analysis shows.

•  The number of eligible occupations is broadened significantly. The 190 visa allows for any occupation under either the Medium and Long‑term Strategic Skills List (MLTSSL) or the Short‑term Skilled Occupation List (STSOL). For 491 visas nominated by a state or territory, all occupation on the GSM occupation list is possible including the Regional Occupation List (ROL). In comparison, applicants for 491 visas sponsored by an eligible relative must be skilled in an occupation on the MLTSSL only.

The drawbacks to state or territory nominations are that each has their own occupation lists and rules to be nominated. These vary from jurisdiction to jurisdiction, with many requiring the primary applicant to have worked, studied, or lived in that state or territory if they are currently in Australia or have a job offer. Additionally, some states and territories, such as the Australian Capital Territory, New South Wales and Victoria, have implemented their own EOI “highest points are invited” system in part or full, creating the same amount of uncertainty as for 189 and 491 visas sponsored by an eligible relative. All the above factors (occupation lists, specific requirements, and EOI systems) are no doubt there to properly manage the supply of invitations allocated with the demand for places by prospective migrants.

The nomination ceilings for each state and territory for 190 visas in the 2019-20 program year are:

Australian Capital Territory – 1,200

New South Wales – 3,000

Northern Territory – 400

Queensland – 1,000

South Australia – 1,250

Tasmania – 1,200

Victoria – 2,500

Western Australia – 2,250

Total 12,800

The nomination ceilings for each state and territory for 489/491 visas in the 2019-20 program year are:

Australian Capital Territory – 200

New South Wales – 2,745

Northern Territory – 600

Queensland – 1,250

South Australia – 3,750

Tasmania – 1,800

Victoria – 1,043

Western Australia – 1,000

Total 12,388

One thing to be particularly wary with these numbers is that they are nominations and not visas. This means that the number of visas would most certainly be higher as secondary applicants (partners and children) are not counted in a nomination but can be included in the corresponding visa application.

This is why the 12,800 maximum number of 190 invitations do not equal the 24,968 visas allocated in the 2019-20 migration planning levels. Likewise with the 12,388 nominations for 489/491 visas to the corresponding 15,000 visas under the migration planning levels. This must also account for the 489/491 visas sponsored by an eligible relative under the EOI invitation system. Should all the 491 nominations be used by the states and territories, there would likely be more visas granted than allocated according to planning levels.

What is interesting, is the percentage of total nominations by State and Territory based on the split between 491 and 190 visas. In order from highest to lowest:

South Australia – 75 per cent

Northern Territory – 60 per cent

Tasmania – 60 per cent

Queensland – 55.56 per cent

New South Wales – 47.78 per cent

Western Australia – 30.77 per cent

Victoria – 29.44 per cent

Australian Capital Territory – 14.29 per cent

There are two interesting conclusions that can be drawn from these numbers. The first is that jurisdictions with a higher percentage of 489/491 visas compared to 190 visas are likely to see invited applicants remain in their jurisdiction as 491 visas are provisional and require visa holders to live, work and study in a designated regional area to be eligible for a Subclass 191 – Permanent Residence (Skilled Regional) visa.

The second, and perhaps more important comment is the willingness of the state or territory to prefer granting provisional regional 491 visas over permanent (regional and non-regional) 190 visas. What is surprising is that the likes of the NSW Government called for immigration to be cut due to congestion, yet has a relatively low percentage of nominations for 491 visas compared to 190 visas. If they were serious about cutting immigration to major cities such as Sydney, one would expect a high percentage of 491 to 190 nominations for that state. The counterargument is that the 5,745 total nominations allocated to NSW is a drop in the ocean at 0.07 per cent of the state’s population. This is compared to 0.56 per cent for Tasmania, 0.40 for the NT, 0.33 for the ACT and 0.28 per cent for SA, when using the Australian Bureau of Statistics state and territory population numbers as of 30 September 2019.