April 3 Seminar Recap: Detailed Answers to Your Skilled Migration Questions

15/04/2024

The purpose of this seminar was to provide information to assist businesses and potential migrants to better understand the NSW Skilled Migration Program and how NSW can support skilled migration for regional NSW. The Department of Home Affairs provided information on other visa pathways that are available to employers to fill vacant positions when local workers are not available, and the Migration Institute of Australia was a key participant to answer any other relevant matters. Please see below some answers to questions we were unable to respond to during the webinar.

Questions to Investment NSW

What trades fall within NSW's infrastructure target sector?

In New South Wales, the infrastructure sector encompasses a broad spectrum of trade occupations, reflecting the sector's integral role in supporting the state's economic and societal development. This includes but is not limited to, construction trades, electrical trades, plumbing, carpentry, and civil engineering professions. These occupations are pivotal in planning, developing, and maintaining the essential physical systems that serve the public and businesses alike. However, it is important to recognise the highly competitive nature of obtaining NSW nomination. The demand for nomination significantly exceeds the available allocations, which inherently affects the likelihood of receiving an invitation to apply for NSW nomination.

How does Investment NSW calculate the deemed skilled date for skilled employment? Is this new?

No, this has not changed. Information about claiming skilled employment for NSW can be found on our Common questions about skilled visas page.

For subclass 491 Pathway 1 – does the employer need to be based in regional NSW or only the employee?

Yes, the qualifying skilled employment in the 6 months immediately before applying must be with a single regional NSW-based employer working from an established business premises in regional NSW.

Subclass 491 visa conditions – Is a visa holder required to live in the region that nominated them or can they move to other designated regional area?

There is a condition on the subclass 491 visa that restricts the visa holder to live, work and study in a designated regional area. A subclass 491 visa holder that has been nominated by NSW has agreed to live and work in a designated regional area of NSW for a period. The commitment extends to all designated regional areas in NSW.

Will Investment NSW prioritise onshore applicants in the near future?

Currently NSW does not prioritise onshore applicants. The only prioritisation occurs for Expression of Interests with occupations that fall within a NSW target sector.

Are candidates with partners/spouse prioritised over singles?

NSW does not priorities on marital status; however, the Home Affairs points test system awards points for factors such as partner with skills and/or with competent English language proficiency and/or no partner. Refer to the Home Affairs website for information.

I have been nominated by NSW for a visa, however I failed to lodge the visa within 60 days, am I eligible for NSW nomination again?

No, NSW will only nominate an applicant once.

Question to Home Affairs

Whether a NDIS Provider could apply for the Aged Care Industry Agreement?

The Government is committed to improving the attraction, retention, and sustainability of the aged care workforce. As part of this commitment, the Government has introduced the Aged Care Industry Labour Agreement (Aged Care ILA) to help streamline the recruitment of qualified direct care workers from overseas to work in the aged care sector.

The Aged Care ILA allows aged care providers to nominate overseas workers under the Temporary Skill Shortage visa (subclass 482) Labour agreement stream and Employer Nomination Scheme visa (subclass 186) Labour agreement stream to fill vacancies in direct care occupations in the aged care sector.

The Aged Care ILA does not cover the NDIS Service Providers nor occupations under the Disability Sector. Please refer to the attached Aged Care Labour Agreement Fact Sheet which may also be helpful.

Question to the Migration Institute of Australia

If the occupation is not in the SOL (Skilled Occupation List), does this mean that the employer cannot sponsor the applicant?

Yes, the occupation must be on the relevant skilled occupations list (for that visa subclass) for the employer to sponsor the applicant.