Common Questions About Skilled Visas in New South Wales (NSW)
Are you considering applying for a Skilled Nominated Visa (subclass 190) or a Skilled Work Regional Visa (subclass 491)? At Visamigo Lawyers, we often receive similar questions from skilled migrants exploring NSW state nomination. Below, we have addressed the most frequently asked questions to help you understand your eligibility and the process more clearly.
Understanding Skilled Visas
Skilled Nominated Visa (subclass 190)
This is a permanent visa for skilled workers nominated by a state or territory government.
Skilled Work Regional Visa (subclass 491)
This is a provisional visa for skilled workers nominated to live and work in regional Australia.
General Eligibility:What is the NSW residency requirement?
Residency requirements depend on whether you are onshore or offshore and on your chosen visa subclass.
For Onshore Applicants
Subclass 190: You must either
* be employed in your nominated occupation in NSW, or
* have lived continuously in NSW for at least six months.
Subclass 491: You must either
* be employed in your nominated occupation in NSW, or
* have lived continuously in NSW for at least three months.
For Offshore Applicants
Subclass 190: Must have lived continuously offshore for at least six months.
Subclass 491: Must have lived continuously offshore for at least three months.
Important: Moving between NSW and offshore resets your residency period.
Can I be nominated again if I have already received an NSW nomination?
No. Once you are nominated by NSW and receive an invitation from the Department of Home Affairs, you cannot be nominated again for any skilled visa. Each nomination uses one of NSW’s limited allocation places from Home Affairs and cannot be reassigned. These places are scarce and prioritised based on the state’s needs.
How do I prove my residence?
To demonstrate residency, you should provide:
Bank statements (minimum six months) showing salary and daily transactions
Supporting documents such as:
* employment contract and payslips
* rental or lease agreements
* utility bills (gas, water, electricity)
* phone or internet bills
* driver’s licence or proof of age card
All documents must clearly show your name and address.
Does travelling offshore for a holiday affect eligibility?
Generally, a short-term overseas trip (such as a holiday) does not affect eligibility if your main residence remains in NSW. However, eligibility is always assessed case-by-case, and applicants are advised not to make major life decisions solely to meet nomination criteria.
I’m in NSW on a tourist visa. Am I eligible?
No. Time spent in NSW on a tourist visa does not count towards the residency requirement. You must be living in NSW on a visa that allows you to live and work.
Can I reapply if my previous application was refused?
Yes.
If you were invited by NSW (Pathway 2): submit a new EOI in SkillSelect to be considered again.
If your refusal was under Pathway 1 or 3: you can reapply after six months from the date of refusal.
Skilled Employment
How can I prove my skilled employment?
You must provide evidence of your skilled employment when applying to NSW. If your employment has already been assessed by a skills assessing authority, you do not need to provide further proof for that employment.
If not, acceptable evidence includes:
Employment contract
Reference letter detailing employment duration, hours, and duties
Payslips or letter of offer
NSW may request additional evidence during assessment.
How do I show ongoing employment after assessment?
If your employment was previously assessed and you are still in the same role, you can show continuity by submitting:
A new employment reference letter, or
Recent payslips
No reassessment is required.
What are the current rules for claiming skilled employment?
NSW now follows the Home Affairs definition of skilled employment. Previous restrictions have been removed. Applicants should seek advice from a registered migration agent or legal practitioner for tailored guidance.
Definition of skilled employment?
Skilled employment is defined using:
The skills assessing authority’s opinion regarding when the applicant became skilled, and
The ANZSCO classification, including required qualifications or experience.
Where differing outcomes exist, NSW will apply the more favourable option for the applicant.
NSW Skills Lists
What are the NSW Skills Lists?
These lists identify occupations in demand within NSW that align with the state’s priorities and help address workforce shortages.
NSW Skills List: for the subclass 190 visa (statewide demand).
NSW Regional Skills List: for the subclass 491 visa (regional demand).
For the 2025–26 program year, only occupations that fall within the listed ANZSCO unit groups and are eligible for the respective visa will be considered.
Is my occupation eligible for NSW nomination?
To qualify:
Your occupation must appear on the relevant NSW Skills List.
It must also be eligible for the corresponding visa subclass under Home Affairs.
Even if your occupation is in a listed ANZSCO unit group, check that it specifically meets the visa’s eligibility criteria.
Will NSW invite EOIs for occupations outside the Skills Lists?
No. NSW only invites EOIs for occupations listed on:
The NSW Skills List for subclass 190, and
The NSW Regional Skills List for subclass 491.
These lists are designed to meet NSW’s strategic priorities and address genuine skills shortages.
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Disclaimer: Important notice for all our social media followers and website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It is intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it is recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
