TAS Skilled Regional Provisional Visa 491

Updated on 04 Aug 2021

he Skilled Work Regional (Provisional) visa (subclass 491) is a provisional visa for skilled workers which allows you to live and work in Tasmania for up to five years.

State nomination from Tasmania for this visa provides you with 15 additional points to help you meet the Department of Home Affairs’ points test pass mark of 65 points. More information on this is available under “Eligibility”. You may be eligible to apply for permanent residency through the Subclass 191 Permanent Residence (Skilled Regional) visa after you have lived in Tasmania for at least three years and earned a minimum taxable income that meets the minimum threshold determined by the Department of Home Affairs for at least 3 years (currently set at AU$53,900).

Eligibility:

To be eligible to apply for state nomination, you must meet the following requirements set out by the Department of Home Affairs. You must have:

• not yet turned 45 years of age
• nominated an occupation on the relevant list of eligible skilled occupations
• a valid and positive skills assessment for your nominated occupation
• at least ‘Competent’ English language proficiency
• at least 65 points on the Department of Home Affairs points test.

Meeting the minimum nomination requirements does not guarantee that you will be offered state nomination from the Tasmanian Government. The Department of Home Affairs sets a nomination quota for the state each year, which limits the number of applicants that can be nominated.

If you are able to meet the minimum nomination requirements, your application will be competitively assessed against other eligible applications, with a focus on your ability to address a number of criteria,

TAS would consider applicants who have applied for nomination in any of the subclass 491 categories for subclass 190 nomination if they can demonstrate that they are a “high calibre” candidate, even if they do not meet the subclass 190 category requirements. Applicants who believe they warrant consideration as high calibre candidates should supply a written submission included in the Commitment Letter of their application outlining their reason(s) for their request.

Positive attributes include:

• Employment in highly skilled, specialist positions (normally ANZSCO 1 or 2)
• Rare/unique skills in high demand
• Specialist health/allied health skills and employment (in a health related setting)
• Recent graduate of a TSOL related occupation, with prior skills/experience and can demonstrate strong employment opportunities
• Employment directly related to nominated occupation, with highly reputable, well known company
• Employed in skilled area of high demand, having lived in TAS for 2 years or more
• Extensive residence in TAS (over 3 years) with solid and ongoing skilled employment

** Bridging Visa holders seeking AAT/Federal Court Review

While COVID19 Australian travel and entry restrictions remain in place, Migration Tasmania will not accept applications from candidates seeking review of a visa refusal or cancellation decision at the Administrative Appeals Travel or Australian federal Court.

If successfully nominated, candidates in this situation must depart Australia in order to lodge their skilled visa application with the Department of Home Affairs. Travel restrictions mean that there may be significant delays before a nominee may be able to return to Australia.

** Do you currently have any outstanding financial debts from the Tasmanian Government?

If you or any family members (including those who don't apply for nomination with you) owe fees to Tasmanian Government agencies (including education or health), the debt must be paid or payment arrangements  undertaken. For more information about the subclass 491 Skilled Regional (Provisional) visa, please refer to the Department of Home Affairs website.

Nomination Category 1 ( Tasmanian Graduate )

To be considered for this category you must meet all the following criteria:

If you commenced your last course of study in Tasmania before 30 June 2021

• You must have completed and graduated from a CRICOS registered tertiary institution in Tasmania. The course undertaken:
  • must be a degree (bachelor or any higher degree), a diploma (standard, advanced, associate or graduate) or a trade qualification (minimum Cert III level for a skilled occupation in Major Group 3 in ANZSCO)
  • must have a minimum duration of one academic year (40 weeks)
  • must be full time and on-site in Tasmania
• You must have lived in the state for at least 1 year and during your period of study prior to applying for visa state nomination
• You and your dependents must currently be living in Tasmania and able to provide evidence of your genuine ongoing commitment to remain in Tasmania
• If you are not currently in skilled employment you must provide a career plan that explains how your studies have increased your ability to find skilled work in Tasmania. This may include areas unrelated to your Tasmanian study

OR

If you commenced your last course of study in Tasmania commenced after 30 June 2021

• You must have completed a course of study and obtained a letter of completion from a tertiary institution in Tasmania registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)

• Your course of study must be listed on CRICOS with a duration of at least 40 weeks and must have been completed full time and on-site in Tasmania You must have lived in Tasmania for least one year from the commencement of your course and for the duration of your studies
• You and your dependents must be currently living in Tasmania and can provide evidence of your ongoing genuine commitment
• If you are not currently in skilled employment you must provide a career plan that explains how your studies have increased your ability to find skilled work in Tasmania. This may include areas unrelated to your Tasmanian study
• Your study does not need to be related to your nominated occupation, however a relevant skills assessment will be highly regarded

• If you held a Student visa (subclass 500) when you completed your last course of study in Tasmania, the study must be:
  • a degree (bachelor, masters or any higher degree), or a diploma (standard, advanced, associate or graduate); or
  • a qualification directly related to a Priority Industry Training and Workforce Development Area (current at the time you commenced study) at the minimum qualification level specified for that area.

• If you held a visa that was NOT a Student visa (subclass 500) at the time you completed your last course of study in Tasmania, the study MUST be directly related to a Priority Industry Training and Workforce Development Area (current at the time you commenced study) at the minimum qualification level specified for that area.

Flexible requirements for visa state nomination applicants affected by COVID-19 restrictions - Please see the attachment

Nomination Category 2 ( Working Tasmania )

If your employment commenced PRIOR to 29 January 2021- please see transitional requirements in attachment

To be considered for this category you must meet all the following criteria:

• you must have been working in Tasmania for 6 months immediately prior to your application for state nomination. You do not have to be working in your nominated occupation.
• your employment needs to be at least 35 hours per week in one full-time job or in two or more part-time jobs and you are able to provide evidence of your employment claims (see Document Checklist) and fill a genuine, ongoing skill shortage in Tasmania
• you and your dependents must currently be living   in Tasmania and provide evidence of genuine commitment to continue to live in   Tasmania
• your employer must have a well-established business that has been actively operating in Tasmania for the past 12 months
• there must be a genuine, ongoing need for your position within the business (including a minimum 12 month contract with at least 3 months remaining at the time you apply for nomination). The contract may be casual, but must comply with the Fair Work Ombudsman’s National Employment Standards
• your wages and conditions must be no less favourable than those that would would apply to an Australian citizen or permanent resident, and salary or wages are equivalent   to the market salary rate (see the Document Checklist).
• Employment in positions classified at ANZSCO skill level 4 or 5 will not be eligible for the purposes of state nomination unless:
  • the employment is ongoing, for at least 6 months beyond the application date
  • the applicant has reasonable career development prospects in the industry
  • it is located at least 50km from a population centre of more than 5000 people, in a position for which there is a genuine and demonstrated severe labour recruitment difficulty*, or
  • it is associated with aged care and individual support (Unit Group 4233 Nursing Support and Personal Care Workers) (relevant qualifications of at least Certificate III required), or
  • the position involves specialist qualifications or experience* that are not available in the local community, and
  • evidence of prior related employment experience and/or qualifications are provided.

* severe labour recruitment difficulty and specialist skills/qualifications must be demonstrated through documentary supporting evidence such as industry workforce development plans, ongoing recruitment activity reports, government or independent research publications.  For more information, refer to the Document Checklist and the detailed guidance factsheet.

Please note:
* Internships, stipends, scholarships and volunteer positions are not considered employment for the purpose of this category.
* Sole traders/subcontractors may be eligible for nomination under Category 5 - Small Business Owner.
* There are areas of employment in Tasmania that are not supported for nomination under the ‘Working in Tasmania’ category. This includes employment relating to:
- supermarkets
- service stations
- limited service restaurants**
- massage clinics
- taxi/uber driving
- sub-contracted cleaning, business maintenance or security work

** A limited service restaurant includes the following:
- fast food or takeaway food services
- fast casual restaurants that do not offer full table service
- drinking establishments that offer only a limited food service
- limited service cafes including, but not limited to coffee shops or mall cafés
- limited service pizza restaurants.

Nomination Category 3A - BY INVITATION ONLY ( Overseas Applicants TSOL)

To be considered for this category you must be invited to apply and meet all the following criteria:

• your nominated occupation should* be listed on the Tasmanian Skilled Occupation List (TSOL)
• you, or any of your dependents have not lived in another Australian state or territory within the last twelve months
• you have achieved the English requirement specified on the TSOL for your nominated occupation in a recognised English language test or hold a passport of the UK, Ireland, the USA, Canada or New Zealand
• you have read and meet the 'other requirements and notes column' specified on the TSOL for your nominated occupation
• you have access to sufficient financial assets to fund your migration and settlement in Tasmania for at least 6 months while you seek employment
• you have researched the Tasmanian labour market, have been invited to seek nomination, and unless your occupation is listed as “High Demand” in the TSOL, provide evidence that there are sufficient employment opportunities in Tasmania or that you have reasonable prospects for employment related to your occupation (see Document Checklist – Employability for more guidance)
• if your occupation is listed as “High Demand” and you meet the specified requirements, employability evidence is not required.

Please see Document Checklist website tab and Category 3A Application Process below for more details

*'OFF LIST' Nominations (for occupations not listed on TSOL)

From time to time in response to industry demand, Migration Tasmania may invite and nominate candidates who do not have an occupation listed on TSOL.
Candidates with a non TSOL occupation may lodge an EOI for Tasmanian nomination, however there is no guarantee they will be invited to apply.

The Category 3A Application Process

You cannot apply for nomination in this category before being invited by Migration Tasmania. Follow these steps:

1. Read the nomination requirements for Category 3A: Overseas applicant (TSOL).
2. If you believe you can meet the requirements, create an expression of interest (EOI) in SkillSelect. Choose Tasmania as your state of interest. Candidates who select other states (or all) may not be invited to apply for nomination.
3. Migration Tasmania will periodically review EOIs and contact the most promising candidates and invite them to apply for nomination through SkillSelect.
4. If you are invited to apply for nomination, complete your application for nomination on this website within 60 days. Attach a copy of the email invitation you received from SkillSelect. If you do not attach your invitation you will be refused nomination.

Please note: Migration Tasmania will only review EOIs that have been created or updated in the previous 6 months.

Nomination Category 3B ( Overseas Applicant Job Offer)

To be considered for this category you must meet all the following criteria:

• have received a formal job offer for a job that is based in Tasmania that is in your nominated occupation
• if the job offer is in an area related to the TSOL you must have a Skills Assessment in that area and should meet the additional English and registration/experience requirements listed for that occupation on the TSOL
• you, or any of your dependents have not have lived in another Australian state or territory within the last 12 months
• your employer must have a well-established business that has been actively operating in Tasmania for the past 12 months
• your wages and conditions must be no less favourable than those that would apply to an Australian citizen or permanent resident, and salary or wages are equivalent to the market salary rate (refer to the Document Checklist - Category 3B related evidence requirements).
• there is a genuine and ongoing need for your position within the business and the capacity for the business to sustain your employment

Nomination Category 4 ( Family in Tasmania )

To be considered for this category you should be applying from outside Tasmania and have an IMMEDIATE family member who meets all of the following criteria:

• has been an Australian Permanent Resident or an Australian Citizen for a minimum of 12 months prior to the lodgement of your application
• is currently residing in Tasmania and has been for a minimum of 12 months
• is a parent, brother, sister, child, aunt, uncle, or grandparent
• agrees to support and assist you in the process of gaining employment in Tasmania upon your arrival in Tasmania

Please note: relationships by marriage, such as sister-in-law or brother-in-law, are not acceptable for this category. You (the applicant) must hold the direct relationship with the sponsoring family member.

Applicants currently living in Tasmania should consider other available nomination categories.

Nomination Category 5 ( Small Business Owner )

To be considered for this category you must meet all the following criteria:

• demonstrate that you have established and operated your business (solely owned) in Tasmania for at least 6 months
• demonstrate that the business is highly likely able to give you a personal income that would meet the minimum taxable income requirement set by Home Affairs for the subclass 191 Permanent Residence (Skilled Regional) visa. Currently, that is AU$53,900 per year for at least 3 years in the next 5 years
• show that you have an understanding of the responsibilities and requirements around treating employees fairly by completing key units on the Fair Work Ombudsman’s online learning centre (see the Document Checklist - Category 5 Small Business Owner information).

All applicants must provide a comprehensive business plan ( See the Template in attachment) with:

• evidence of thorough research into, and understanding of, the target market
• research and understanding of relevant industry conditions, licensing and/or registration requirements for the business in Tasmania
• realistic market opportunities for the proposed business in Tasmania, particularly where the business would be competing with other similar existing businesses already established in Tasmania.

Additional considerations include the applicant's prior business ownership or business management experience and also the nature of the business and its long-term benefit to Tasmania.

** Franchise and part-owned or passive business investments are not acceptable under this category.

** Service stations, massage clinics and taxi/uber related businesses are not supported under this category. 

Other helpful websites include:

• Business Tasmania for information about establishing and running a business in Tasmania
• Small Business Showcase – a set of resources in a single easy to access and navigate hub to help small business employers understand their workplace rights and obligations
• The Fair Work Ombudsman also publishes useful information to assist small business owners
• Fair Work handbook – a useful reference guide that summarises your responsibilities under the Fair Work Act 2009, the National Employment Standards, awards, enterprise agreements and other registered agreements.

 Document Checklist:

There are 3 groups of documents to upload:
- ESSENTIAL (required for all applications);
- CATEGORY SPECIFIC (required depending on your choice of nomination category); and
- ADDITIONAL SUPPORTING (other miscellaneous documents).

ESSENTIAL REQUIRED DOCUMENTS all categories:

• Passport (Bio-Data page) - please note: this document is no longer needed to be signed and witnessed (the online application form will be updated accordingly)
• SkillSelect Expression of Interest (EOI) including your personal/education/employment details as submitted
• Skills Assessment as received by the relevant assessing body
• English Language Report (English proficiency test result - must be dated within the last three years) 
  - if you hold a passport issued by the United Kingdom, Canada, New Zealand, United States of America, or Republic of Ireland please attach a 'blank' pdf
• Curriculum Vitae (CV)/Resume (up-to-date)
• Declaration of Financial Capacity - signed and witnessed
  You must have access to funds to support your settlement while you are securing employment in Tasmania. If you have not already secured employment in Tasmania, you need to be realistic about employment expectations once you arrive in the state as it can take six months or longer to secure employment. Your ability to secure employment quickly will depend on your research of the Tasmanian labour market and the relevance of your skill set and experience to the market.
• Commitment to Tasmania Statement (a 1 page summary of why you wish to live in Tasmania)
  Include the following points: 
  - why Tasmania’s lifestyle suits your way of life more than other places in Australia
  - include evidence that you have personally researched and understand Tasmania’s lifestyle and attractions
  - avoid using statements that are obviously copied from other sources (and not written in your own words)
  - if your spouse/partner (if applicable) intends to work, their skills and experience, evidence that they have also researched employment opportunities in Tasmania and they are satisfied to be successful in attaining employment
  - if you have studied or lived in another Australian state or territory within the last 12 months indicate why you want to re-settle in Tasmania
  - if your spouse/partner or any dependents have studied or lived in another Australian state or territory within the last 12 months indicate whether they will be moving with you to the state, and if not, why not

CATEGORY SPECIFIC DOCUMENTS (also required):

Category 1: TASMANIAN GRADUATE (Subclass 491)

• Current Visa Grant Notice including any bridging visa notice or AAT or Federal Court review information if applicable (VEVO printouts are not sufficient)
• Tasmanian Qualifications Academic transcript and a completion letter
• Any other Australian Qualifications Academic transcript(s) and a completion letter(s)
• Bank Transaction Statements showing daily activities in Tasmania (12 months if applying for Subclass 491)
• Evidence of Living in Tasmania showing daily activities in Tasmania(rental agreements OR if not available, statutory declarations)
• Travel Itinerary (Airline/Spirit of Tasmania itinerary of permanent arrival in Tasmania)
• Signed Employment Contract if working (if not working please attach a 'blank' pdf)
• Employability Statement if not currently employed (if working please attach a 'blank' pdf) 
  - this statement should explain how your study, along with your previous skills and experience will enable you to settle in and contribute to Tasmania.
• Career Plan 

Category 2: WORKING IN TASMANIA (Subclass 491)

• Current Visa Grant Notice including any bridging visa notice or AAT or Federal Court review information if applicable (VEVO printouts are not sufficient)
• Bank Transaction Statements showing daily activities (since the date of arrival in Tasmania)
• Evidence of Living in Tasmania (rental agreements OR if not available, statutory declarations)
• Travel Itinerary (Airline/Spirit of Tasmania itinerary of permanent arrival in Tasmania)
• Signed Employment Contract/Letter of Offer
• Payslips (6 months immediately prior to application submission)
• Evidence that pay and conditions no less favourable
  This can be  demonstrated by:
  - reference to an industrial award or enterprise agreement
  - Job Outlook information
  - Market salary survey data such as Hays Salary guides
  - advertisements from the last six months for equivalent positions in the same location (eg Seek, Indeed, CareerOne)
  - remuneration surveys completed by a reputable organisation
  - written advice from unions or employer associations

Category 3A: OVERSEAS TSOL (Subclass 491)

• Invitation Letter from Migration Tasmania via SkillSelect
• Employability Statement
  The evidence must include:
  - personal research into recent advertised positions relevant to the nominated occupation (5-8 advertisments required and no older than 6 weeks before application submission). You must include copies of the full advertisement that show date of advert and location (website links are not sufficient and will be considered as requirement not met)
  - an employment statement for each advertisement explaining how your qualifications, knowledge and experience relate to and meet the requirements for each submitted job advertisement (simply stating you meet the requirements is not sufficient)
  - job advertisements must be relevant to the nominated occupation; for example:
  * if the nominated occupation is a Real Estate Agent we will not accept jobs for Property Manager
  * if the nominated occupation is HR Advisor we will not accept jobs for recruitment consultants
  * if the nominated occupation is for a manager, we will not accept assistant, support or junior positions
• Settlement Statement (1 page written summary to demonstrate that you have researched the cost of living in Tasmania and understand the settlement costs involved while you seek employment)
  The evidence must include:
  - the estimated cost of living in Tasmania, including rent, food, transport and entertainment
  - the estimated cost of relocation to Tasmania in Australian Dollars, including but not limited to: flights; freight; and initial accommodation
  - the estimated cost of living in Tasmania for you and any dependants, in Australian Dollars

Category 3B: OVERSEAS JOB OFFER (Subclass 491)

• Job/Position Advertisement (actual copy of advert not a website link)
• Recruitment Communications (dated email/phone evidence of all correspondence with Employer)
• Signed Employment Contract/Letter of Offer
• Evidence that pay and conditions no less favourable
  This can be  demonstrated by:
  - reference to an industrial award or enterprise agreement
  - Job Outlook information
  - Market salary survey data such as Hays Salary guides
  - advertisements from the last six months for equivalent positions in the same location (eg Seek, Indeed, CareerOne)
  - remuneration surveys completed by a reputable organisation
  - written advice from unions or employer associations
• Recruitment Agency Information all correspondence and contact details if employment secured through an agency (if not please attach a 'blank' pdf)

Category 4: FAMILY IN TASMANIA (Subclass 491)

• Current Visa Grant Notice of applicant (if not applicable please attach a 'blank' pdf)
• Family Statutory Declaration 
• Letter of Support from sponsoring Tasmanian family member (no more than 1 page)
• Birth Certificate of Main Applicant - signed and witnessed
• Birth Certificate of Sponsoring Family Member - signed and witnessed
• Australian Permanent Residency/Citizenship Certificate of Tasmanian family member (if born overseas)
• Bank Transaction Statements showing daily activities of sponsoring Tasmanian family member (12 months)
• Residential evidence of sponsoring Tasmanian family member (12 months of council rates or utility bills)

Category 5: SMALL BUSINESS OWNER (Subclass 491)

• Current Visa Grant Notice including any bridging visa notice or AAT or Federal Court review information if applicable (VEVO printouts are not sufficient)
• Evidence of Living in Tasmania (rental agreements OR if not available, statutory declarations)
• Travel Itinerary (Airline/Spirit of Tasmania itinerary of permanent arrival in Tasmania)
• Business Registration and Operational evidence (ABN/ASIC Certificate)
• Business Bank Transaction Statements (6 months of most recent operations)
• Business Profit & Loss Statement (6-12 months)v
• Business Plan details on how to draft a business plan can be found on the Business Tasmania website.
  Include in your business plan details of:
  - evidence of thorough research into, and understanding of the target market
  - research and understanding of relevant industry conditions, licensing and/or registration requirements for the business in Tasmania
  - realistic market opportunities for the proposed business in Tasmania, particularly where the business would be competing with other similar existing businesses already established in Tasmania
  - how your previous experience and qualifications will help you successfully build your business in Tasmania over at least the next 3-5 years.
• Organisational Chart (job titles only with an indication of ‘full-time’ or ‘part-time’)
• Photo evidence of business location and operations (10-12 photos)
• Marketing and Promotion (website information, operational hours, ongoing marketing plans)
• Evidence of completion of Fair Work Ombudsman online learning modules

ADDITIONAL SUPPORTING DOCUMENTS:

Below are some additional documents you can provide during the online application process.

• Labour Market Testing (LMT) report (REQUIRED only if applying under Subclass 491 'Working in Tasmania' category and position is ANZSCO skill level 4 or 5)
  The following needs to be included:
  - evidence that your employer has made a genuine effort to recruit locals (Australian citizens/permanent residents) but were unsuccessful. Please include copies of the advertisements your employer has posted in open-to-public platforms, such as University of Tasmania Career hub, Tasmanian vocational institutions, Jobactive, local newspapers and from on-line sources or social media
  - a selection report including information on applications received and why no local applicants were suitable for the position as well as details and expenses of any advertising the employer conducted. There is no prescribed format for this report, however it is important that all of the points above are covered. If this evidence does not accompany your nomination application or is insufficient, it will be refused
• Outstanding Tasmanian Debts/Payment Plan summary (REQUIRED if you have an outstanding debt) - signed and witnessed
• Declaration of Nomination Obligations if application has been submitted by a Migration Agent
• Form 956 if application has been submitted by a Migration Agent
• Tasmanian Drivers’ License
• Volunteer Certificates and evidence
• Current Employment Reference Letter
• Adult Dependent's Passport (Bio-Data page)
• Adult Dependent's Resume (up-to-date)
• Dependent Child/Children Passports (Bio-Data pages)
• Adult Dependent's Skills Assessment (if available)
• Adult Dependent's Employment Contract (if currently employed in Tasmania)
• Other Educational Qualifications achieved overseas

Apply for nomination:

Processing times

Processing times may vary depending on the quantity and quality of the applications lodged and also if further information has been requested (either from you or external parties). Please do not enquire about the progress of your application during the assessment period. Progress enquiries can delay application processing.

Fees:

During the online application process a $220 fee will be required, when processed you will be able to 'SUBMIT' the application for processing.

Payment is only available by way of a credit card (Visa or MasterCard) and the fee is non-refundable regardless of application outcome.

Guidelines:

FAQ

Contact Details: