Subclass 190 Visa: How Secure State Nomination for...

Subclass 190 Visa: How to Secure State Nomination for Permanent Residency in 2025

The Subclass 190 visa is one of Australia’s most direct routes to permanent residency, but it requires a crucial first step: securing a State or Territory nomination. Unlike the general 189 visa, the 190 pathway works on a promise to live and work in a specific region. In this guide, we break down the eligibility criteria, the state nomination process (including quotas and ROI systems), and how to build a case that makes a state want to sponsor you.

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Section 1: The Subclass 190 Visa – What is State Nomination?

The Subclass 190 (Skilled Nominated) visa is a points-tested, permanent residency visa for skilled workers who are nominated by an Australian state or territory government. This key difference sets it apart from the Subclass 189 (Skilled Independent) visa, which does not require any state sponsorship.

Key Feature: State Nomination & the 5-Point Boost

State nomination provides two major advantages. First, it grants you an automatic 5 additional points toward the Department of Home Affairs points test. This can push your score from 60 to a more competitive 65 (the minimum for a valid Expression of Interest). Second, it prioritises your application within the SkillSelect system, as states only nominate candidates whose occupations align with local economic needs.

The Moral Obligation

When you accept a state nomination, you enter into a formal commitment (not a legally binding contract) to live and work in the nominating state for at least two years after your visa is granted. While this is not strictly enforced through visa conditions, the Department of Home Affairs and the state government expect genuine settlement. Violating this commitment can raise concerns in future visa applications, especially for citizenship or family reunification.

The Benefit: Permanent Residency from Day One

Unlike the Subclass 491 (Skilled Work Regional) provisional visa, which requires three years of regional residence before you can apply for permanent residency, the Subclass 190 grants permanent residency immediately upon approval. This means you have full Medicare access, can sponsor family members, and can apply for Australian citizenship after meeting the general residence requirement.

Target Audience

This visa is ideal for skilled workers who:

• Have a positive skills assessment in an occupation on a relevant state occupation list.
• Score at least 60 points (65 after nomination) on the federal points test.
• Are willing to relocate to a specific state for at least two years.
• Want permanent residency without the temporary conditions of the 491 visa.

The Catch: State Decides, Not the Federal Government

You cannot simply submit a visa application for the 190. The state government must first nominate you. Each state sets its own criteria, prioritises certain occupations, and manages annual allocation caps. Even if you meet federal requirements, the state can refuse nomination. Understanding each state’s priorities is essential to success.

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Section 2: Eligibility – The 60-Point Floor vs. The EOI Reality

To lodge a valid Expression of Interest (EOI) for the Subclass 190, you need 65 points (60 points from your profile plus the 5-point state nomination bonus). However, the minimum invitation score for most states is much higher.

Core Requirements

• Age: Under 45 at the time of invitation.
• English Language: Competent English (IELTS 6.0 minimum), but achieving Proficient (IELTS 7.0) or Superior (IELTS 8.0) adds 10 or 20 points respectively.
• Skills Assessment: A positive assessment from a relevant assessing authority (e.g., ACS for IT, AITSL for Teachers, Engineers Australia for Engineers).
• Occupation: Listed on the relevant state occupation list (see Section 4).
• Points: Minimum 65 points to submit an EOI.

The Reality Check: Why 65 Points is Rarely Enough

The Department of Home Affairs publishes invitation round data showing the lowest points score invited for each visa subclass. For the Subclass 190, invitation scores often range from 70 to 95 points, depending on occupation and state. For example:

• Information Technology (ICT) occupations in New South Wales or Victoria regularly require 85–95 points.
• Nursing in South Australia or Tasmania may invite at 70–75 points.
• Trade occupations (e.g., electricians, welders) in Western Australia or Queensland can be invited at 65–75 points.

System vs. Merit

States do not automatically nominate the highest points score in the pool. They use a combination of:

• Points ranking: Higher points improve your chance.
• Occupation priority: Some states explicitly list “critical” or “priority” occupations.
• Local connections: Having a job offer, local study, or family in the state can boost your case.
• ROI filters: Some states (Victoria, New South Wales, South Australia) use a Registration of Interest (ROI) system where they invite only candidates who match specific criteria, ignoring your EOI points entirely if your occupation is not on their priority list.

Example: In the 2023–24 program year, Victoria’s ROI system prioritised health, education, and social services occupations, leaving many high-point ICT applicants waiting.

Action Step: Before lodging your EOI, research your occupation’s recent invitation score range for each state. Use the Department’s SkillSelect reports and state migration websites to set realistic expectations.

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Section 3: Understanding the State Nomination Process (ROI vs. EOI)

The path from EOI to visa grant involves two separate systems: the federal SkillSelect system (EOI) and each state’s nomination process (ROI or direct application).

Phase 1: SkillSelect EOI (SkillSelect)

You first lodge an EOI through SkillSelect, the federal Department of Home Affairs system. This is a standardised profile that all states can access. You must:

• Select “Subclass 190” as your visa preference.
• List all states you are willing to move to.
• Provide accurate points claims (e.g., English test scores, experience evidence).
• Keep your EOI updated as your circumstances change.

Your EOI remains valid for two years. If you are not invited by a state within that period, it expires.

Phase 2: The State Invitation (ROI/Application)

This is where the process varies significantly between states. There are two main models:

Invitation Only (e.g., Victoria, New South Wales, South Australia)

In these states, you cannot apply directly for nomination. Instead, you must:

• Submit a separate Registration of Interest (ROI) through the state’s migration website.
• Provide specific information (occupation, work experience, ties to the state).
• Wait for the state to select you and invite you to apply for nomination.

The ROI is not an application—it is a pre-qualification. States use ROIs to manage high demand and limit the number of applicants to match available quotas. For example, in 2024–25, Victoria opened its ROI system in October and closed it in December, accepting only a limited number of submissions per occupation.

Application Window (e.g., Western Australia, Australian Capital Territory)

In these states, you apply directly for nomination during a specific window (often weekly, monthly, or quarterly). You must:

• Check the state’s migration website for opening dates.
• Submit a complete nomination application (including supporting documents and a fee).
• Meet the state’s specific criteria (e.g., a job offer in certain occupations).

Key Terms

• ROI (Registration of Interest): A pre-application filter used by states to identify candidates before inviting them to apply.
• Formal Nomination Application: The full application with evidence, submitted after an invitation from the state.
• Quotas: Each state receives an annual allocation of nomination places from the federal government. Once an occupation’s quota is filled, the state stops inviting for that occupation. For example, in 2023–24, South Australia filled its Accountant quota within two months of opening.

Quotas: The Scarcity Factor

State quotas are limited and vary annually. For the 2024–25 program year, the federal government allocated state nomination places as follows (approximate):

• New South Wales: 2,650
• Victoria: 3,000
• South Australia: 2,200
• Western Australia: 2,000
• Tasmania: 1,200

These numbers are for nomination places (not visa grants). Once issued, you have 60 days to lodge your visa application. Because quotas fill quickly, early preparation is critical.

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Section 4: The Occupation List – The "Secret Filter"

One of the most misunderstood aspects of the Subclass 190 visa is the role of occupation lists. The federal government maintains two main lists, but state governments can choose to restrict nominations to their own priority sectors.

The Federal Lists

• Medium and Long-term Strategic Skills List (MLTSSL): Occupations eligible for both the 189 and 190 visas (e.g., Software Engineer, Registered Nurse, Accountant).
• Short-term Skilled Occupation List (STSOL): Occupations eligible only for the 190 visa (e.g., Marketing Specialist, Hotel Manager, Cook).

The Subclass 190 allows occupations on both lists, giving you more options than the 189.

State Lists: The Critical Filter

Each state maintains its own occupation list, which may:

• Include only a subset of federal occupations.
• Prioritise certain occupations (e.g., “Health and Education” only in Victoria).
• Exclude occupations that are oversupplied (e.g., Accountants in many states).

Examples from 2024–25:

• Tasmania: Prioritises hospitality, trades, and health occupations. Accountants and IT professionals are rarely invited unless they have a job offer.
• Victoria: Explicitly limits nominations to health, education, social services, and digital technology occupations. General IT roles (e.g., ICT Project Manager) are not invited.
• Western Australia: Separates its list into “Graduate” and “General” streams, with different priority occupations for each.

Off-list Nominations: The Rare Exception

Some states offer “off-list” nominations for occupations not on their standard list, but only in exceptional circumstances:

• South Australia previously allowed off-list nominations for applicants with a job offer or outstanding achievement.
• Northern Territory considers off-list nominations on a case-by-case basis for highly skilled applicants with a local job offer.

Action Step

Check each state’s official migration website quarterly. Lists change with economic needs. For example:

• Victoria: "Live in Melbourne" website (https://liveinmigration.vic.gov.au/)
• South Australia: "Migration SA" website (https://www.migration.sa.gov.au/)
• Western Australia: "Migration WA" website (https://www.migration.wa.gov.au/)

Do not rely on outdated information from third-party sites.

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Section 5: Step-by-Step Application Process

This process outlines the typical timeline from preparation to visa grant. Delays are common, so plan accordingly.

Step 1: Skills Assessment (8–12 weeks)

Obtain a positive skills assessment from the relevant assessing authority. Common bodies include:

• ACS (Australian Computer Society) for IT professionals.
• AITSL (Australian Institute for Teaching and School Leadership) for teachers.
• Engineers Australia for engineers.
• VETASSESS for many trade and professional occupations.

Cost: AUD $500–$1,500 depending on the authority.

Step 2: English Language Test (2–4 weeks)

Book and pass IELTS (International English Language Testing System) or PTE (Pearson Test of English). Aim for:

• Proficient: IELTS 7.0 (10 points).
• Superior: IELTS 8.0 (20 points).

Cost: Approximately AUD $400.

Step 3: Calculate Points (1 day)

Use the Department of Home Affairs points calculator. Maximise points in:

• Age (25–32 years: 30 points).
• English (Superior: 20 points).
• Work experience (8+ years overseas: 15 points).
• Partner skills (if your partner has a skills assessment and competent English: 10 points).

Step 4: Lodge EOI (1 hour)

Create an ImmiAccount on the Department of Home Affairs website. Submit your EOI through SkillSelect, ensuring all information matches your supporting documents.

Step 5: State Nomination Application (1–12 weeks)

Wait for the state to invite you (if using an ROI system) or apply during an open window. Submit the nomination application with:

• Proof of identity.
• Skilling assessment.
• English test results.
• Ties to the state (job offer, family, local study).
• Statement of commitment.

Fee: Varies by state (generally AUD $200–$800).

Step 6: Lodge Visa Application (within 60 days of nomination)

Once nominated, you have 60 days to submit the full visa application (Form 190). Required documents include:

• Police clearance certificates.
• Health examinations.
• Evidence of funds (if required by the state).

Visa Application Charge: $4,640 AUD (as of 2024–25).

Step 7: Visa Grant (8–12 months)

Processing times vary. As of mid-2024, the Department reports that 50% of 190 applications are processed within 8 months, and 75% within 11 months. Expect delays during peak periods or if additional documentation is requested.

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Section 6: Post-Grant Conditions – The 2-Year Commitment

The Subclass 190 visa grants permanent residency, but it comes with a significant expectation: you must live and work in the nominating state for at least two years.

The "Moral Obligation" (Not a Legal Condition)

There is no specific visa condition requiring you to remain in the state for two years. However, when you accept nomination, you sign a formal commitment to the state government. The Department of Home Affairs considers this when assessing future applications, especially citizenship.

Consequences of Breaking the Commitment

• Citizenship: If you apply for Australian citizenship, the Department may ask why you left the state early. A swift move (e.g., within months) may be flagged as a failure to comply with the spirit of the nomination.
• Family Visas: If you sponsor family members for a partner or parent visa, the Department may scrutinise your compliance with visa conditions.
• Future State Applications: If you later need state nomination for another visa (e.g., employer-sponsored), the state may refuse support if you broke the earlier commitment.

What Counts as "Living" There?

The Department expects genuine settlement, defined as:

• Physical presence in the state for most of the two-year period.
• Meaningful employment or study in the state.
• Integration into the local community (e.g., rental history, social ties).

Can I Move States?

Yes, but only after a genuine attempt to settle. For example:

• Moving after three months for family reasons (e.g., to care for a sick relative) is acceptable.
• Moving after one week for a better job offer is risky and may lead to negative scrutiny.

Practical Advice: Aim to stay in the state for at least 12–18 months. Document your ties (employment, rental agreement, bills) to demonstrate genuine settlement.

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Section 7: Common Mistakes & How to Boost Your Chances

Even qualified applicants can miss out on state nomination due to avoidable errors. Here are the most common mistakes and how to fix them.

Mistake 1: Applying to High-Demand States Without Sufficient Points

New South Wales and Victoria are popular, but competition is fierce. Many applicants with 75 points assume they have a chance, but actual invitation scores for many occupations are 85–95.

Fix: Consider regional states with lower competition, such as South Australia, Tasmania, or the Northern Territory. These states often invite candidates at 70–75 points and have smaller applicant pools.

Mistake 2: Not Updating the EOI After State Lists Change

State occupation lists change quarterly. If you submitted an EOI with an occupation that was on the list six months ago, but the state has since removed it, you will not be invited.

Fix: Check state migration websites monthly. Set calendar reminders for list updates (usually in July, October, January, and April). Update your EOI immediately if your occupation is added or removed.

Mistake 3: Lying About Ties to a State

Some applicants claim they will live in a state without any genuine connection. States check for ties such as:

• Local family members.
• Previous study in the state.
• A job offer from a local employer.
• Evidence of property search or rental history.

Fix: Write a genuine “Statement of Commitment” explaining why you chose that state. Mention specific reasons (e.g., “I have an aunt in Adelaide studying at the University of Adelaide,” or “I have received a job offer from a mining company in Kalgoorlie”). Be honest—states can detect fabricated claims.

Mistake 4: Ignoring Partner Skills Points

You can claim 10 points if your partner:

• Has a positive skills assessment.
• Has competent English (IELTS 6.0).

Without these, you gain 0 points for partner skills. Many applicants overlook this, losing a valuable 10-point boost.

Fix: Encourage your partner to obtain a skills assessment and sit an English test. Even if their occupation is not on a state list, the points boost alone can be the difference between an invitation and a rejection.

Mistake 5: Not Applying During Early Windows

State quotas fill quickly, especially for popular occupations like Accountant or Software Engineer. Waiting until late in the program year reduces your chances.

Fix: Prepare all documents before the program year begins (July 1). Lodge your ROI or application in the first week of opening. For example, South Australia’s application window for 2024–25 opened in August and closed for Accountants within two weeks.

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Bonus Section: Frequently Asked Questions (Optional)

Can I switch from 190 to 491 (Regional)?

Yes, but you cannot hold both visas simultaneously. If you abandon your 190 nomination, you can apply for a 491 visa from scratch. However, you lose the 190 nomination fee and may need a new skills assessment. This is not recommended unless your circumstances change dramatically.

What happens if my state changes its occupation list after I apply?

If the state has already invited you to apply for nomination, the change will not affect you—your application is assessed under the criteria at the time of invitation. If you have only submitted an EOI, you may be affected.

Can I appeal a state nomination refusal?

No, state nomination decisions are at the discretion of the state government. There is no formal appeal mechanism. You can reapply in a future round if your circumstances change (e.g., higher English score or a job offer).

Do I need a job offer for state nomination?

Not always, but it improves your chances significantly. States like Western Australia and the Australian Capital Territory often require a job offer for certain occupations. Others (e.g., Victoria) prioritise candidates without job offers if they have high points.

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Resources & Tools

• Department of Home Affairs SkillSelect: https://immi.homeaffairs.gov.au/visas/working-in-australica/skillselect
• Points Calculator: https://immi.homeaffairs.gov.au/visas/working-in-australica/skillselect/points-calculator
• State Migration Websites:
  • Victoria: https://liveinmigration.vic.gov.au/
  • New South Wales: https://www.nsw.gov.au/visas-and-migration
  • South Australia: https://www.migration.sa.gov.au/
  • Western Australia: https://www.migration.wa.gov.au/
  • Tasmania: https://www.migration.tas.gov.au/
  • Australian Capital Territory: https://www.act.gov.au/migration
  • Northern Territory: https://theterritory.com.au/migration
• Skills Assessment Authorities:
  • ACS: https://www.acs.org.au/
  • AITSL: https://www.aitsl.edu.au/
  • Engineers Australia: https://www.engineersaustralia.org.au/
  • VETASSESS: https://www.vetassess.com.au/
• English Testing:
  • IELTS: https://www.ielts.org/
  • PTE: https://www.pearsonpte.com/

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References

1. Department of Home Affairs. Skilled Nominated visa (subclass 190). Migration Regulations 1994, Schedule 1, Item 1135. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190
2. Department of Home Affairs. SkillSelect invitation rounds. July 2024. https://immi.homeaffairs.gov.au/visas/working-in-australica/skillselect/skillselect-invitation-rounds
3. Department of Home Affairs. Visa Pricing Table. 2024–25. https://immi.homeaffairs.gov.au/visas/visa-pricing-table
4. Live in Melbourne (Victorian Government). Skilled Migration Program 2024–25. https://liveinmigration.vic.gov.au/
5. Migration SA (South Australian Government). Occupation List 2024–25. https://www.migration.sa.gov.au/
6. Department of Home Affairs. Processing Times for Subclass 190. June 2024. https://immi.homeaffairs.gov.au/visas/processing-times
7. Australian Bureau of Statistics. Migration, Australia, 2022–23. Cat. no. 3412.0. https://www.abs.gov.au/statistics/people/population/migration-australia

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Note: This guide is for informational purposes only and does not constitute immigration advice. You should consult a registered migration agent (MARA) for personalised advice tailored to your circumstances.