Tasmania’s 2022/23 Skilled Migration Program is now open to select applicants (i.e., Gold and Green pass candidates) living in Tasmania and offshore. Applicants who meet the minimum requirements for one of the nomination pathways and have at least one gold or green priority attribute now register their interest in the Tasmanian state nomination. Those applicants who meet the minimum requirements but do not have at least one Gold or Green priority attribute will be able to register their interest in October 2022.

The program for this financial year offers new features including an expanded list of occupations and employment options and a new nomination pathway for people who have lived in Tasmania for a long time or have built successful businesses.

Tasmania offers State nomination for the following visa options:

• Skilled Nominated Visa (subclass 190) (permanent)
• Skilled Work Regional Visa (subclass 491) (5-year provisional)

According to Tasmania, unsuccessful subclass 190 applicants may also be considered for the subclass 491 visa nomination. However, to be considered for this, you must include subclass 491 as an option on your SkillSelect Expression of Interest (EOI).

The interim nomination quota for the Tasmanian 2022/23 Skilled Migration Program is as follows:

The Department of Home Affairs has advised that this allocation is not the full year’s quota. The allocation numbers will be revisited after the first quarter of 2022-23.

To be eligible for Tasmanian state nomination, applicants must meet both the visa criteria set out by the Department of Home Affairs, as well as the Tasmanian Government nomination requirements for their chosen nomination pathway and visa category.

Department of Home Affairs – Visa Requirements

In order to be eligible for state nomination, you must meet the following criteria set out by the Department of Home Affairs:

• Be under 45 years old 
• Have a valid and positive skills assessment for your nominated occupation
• Score at least 65 points or more on the Department of Home Affairs’ points test (including state nomination points)
• Have at least Competent English proficiency
• Have nominated an occupation on the relevant list of eligible skilled occupation

SUBCLASS 190 NOMINATION PATHWAYS

There are 3 pathways to Tasmanian nomination for the subclass 190 visa:

1. Tasmanian Skilled Employment Pathway
2. Tasmanian Skilled Graduate Pathway
3. Tasmanian Established Resident Pathway

1. Tasmania’s Skilled Employment Pathway – Subclass 190

To be eligible for the Tasmanian Skilled Employment Pathway, you must:

• Have employment in an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL).
• Have been working in Tasmania at least 20 hours per week for at least 6 months at the time of application.
• Be residing in Tasmania and have the intention to keep living in Tasmania (your dependents must not be living in another Australian state or territory).
• Have employment that meets the following conditions:
  • Be closely related to your nominated occupation (i.e., a skilled role within the same industry area as your skills assessment)
  • Be with a well-established business that has been actively operating in Tasmania for the past 12 months
  • Have a genuine and ongoing position within the business (including a minimum 12-month contract with at least 3 months remaining at the time you apply for nomination)
  • Your work conditions must not be less favourable than those that apply or would apply to an Australian citizen / permanent citizen, and your salary or wages must be equivalent to the market salary rate 
• If you are a subcontractor, you may apply for this pathway if you have at least 12 months of business activity and a related skills assessment

2. Tasmania’s Skilled Graduate Pathway – Subclass 190

To be eligible for the Tasmanian Skilled Graduate Pathway, you must:

•  Have completed a course of study and obtained a letter of completion from a Tasmanian tertiary institution registered on CRICOS
• Be living in Tasmania during your studies for at least 2 calendar years from the commencement of your course
• Have completed an AQF 5 Diploma or higher qualification. If your course relates to an ANZSCO Major Group 3 or Group 4, and be listed on CRICOS with a duration of at least 92 weeks.
• Be currently living in Tasmania and have an intention to continue living in Tasmania
• Have completed your course full-time and on-site in Tasmania.
• However, if your ability to attend campus is affected by the COVID-19 lockdowns or travel restrictions, you are permitted some of your units online provided you lived and studied in Tasmania for at least 12 months.
• The minimum 12-month study period may only be waived if you can demonstrate that you could not realistically travel to Australia before you completed your course.
• If you are a PhD candidate, you can still apply for this pathway even if you have not completed an undergraduate degree in Tasmania. However, you must be living in Tasmania and completing at least 2 years of your PhD discipline.

3. Tasmania’s Established Resident Pathway – Subclass 190

To be eligible for the Tasmanian Established Resident Pathway, you must:

• Be living in Tasmania for at least 3 years (if you have lived in another Australian state or territory, this time must be less than 50% of your total Australian residence period).
• Meet one of the following employment or business conditions:
• be employed in Tasmania in an occupation at ANZSCO Skill Levels 1-3 for at least 12 months out of the last 24 months at 20 work hours per week (at a minimum); or
• be employed in Tasmania in an ANZSCO Skill Level 4 or 5 occupation for a cumulative 18 months in the last 3 years at a minimum of 20 work hours per week; or
• have operated a business for at least the last 2 years with taxable earnings equivalent to the Temporary Skilled Migration Income Threshold (currently $53,900).

SUBCLASS 491 NOMINATION PATHWAYS

There are 6 pathways to a Tasmanian nomination for the subclass 491 visa:

1. Tasmania’s Skilled Employment Pathway
2. Tasmania’s Skilled Graduate Pathway
3. Tasmania’s Established Resident Pathway
4. Tasmania’s Business Operator Pathway
5. Tasmania’s Overseas Applicant (Job Offer) Pathway
6. Tasmania’s Overseas Applicant (OSOP) – Invitation Only Pathway

Importantly, Tasmania does not allow multiple nominations which means that applicants supported for the subclass 491 visa state nomination cannot reapply for a subclass 190 in the future.

1. Tasmania’s Skilled Employment Pathway – Subclass 491

If you are working in a role classified as ANZSCO Skill Levels 1-3, to be eligible for the Tasmanian Skilled Employment Pathway, you must:

• Have been working an average of 20 hours per week in Tasmania for at least 6 months at the time of application.
  • Note: your employment does not need to be related to your skills assessment. However, you must have relevant qualifications or experience consistent with the ANZSCO definition for that role.
  • Note: If your skills assessment and employment is in an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL), you may be eligible for nomination after 3 months of employment.
• Be residing in Tasmania and have the intention to keep living in Tasmania (your dependents must not be living in another Australian state or territory).
• Have a genuine and ongoing position within the business (including a minimum of a 12-month contract with at least 3 months remaining at the time you apply for nomination)  
• If you are a subcontractor, you may apply for this pathway if you have at least 12 months of business activity and a related skills assessment.

If you are working in a ANZSCO Skill Levels 4 or 5 occupation, to be eligible for the Tasmanian Skilled Employment Pathway, you must:

• Have been working an average of 20 hours per week in Tasmania for at least 6 months at the time of application
  • Note: Applicants who have only 6 months of work experience in their ANZSCO Skill Level 4 or 5 role are unlikely to be successful without possessing additional priority attributes (see table below)
• Be residing in Tasmania and have the intention to keep living in Tasmania (your dependents must not be living in another Australian state or territory)
• Have ongoing employment, for at least 6 months beyond the application date
• Have a statement from your employer outlining the need for the position, the severe difficulty in finding local labour for this role, and the employer’s strategies and development activities in attempting to address the recruitment difficulty
  • Note: Your employer must also endorse, in writing, that your role has opportunities for career advancement
• Have relevant qualifications or experience consistent with the ANZSCO Indicative Skill Level for that role   

2. Tasmania’s Skilled Graduate Pathway – Subclass 491

To be eligible for the Tasmanian Skilled Graduate Pathway, you must:

• Have completed a course of study and obtained a letter of completion from a Tasmanian tertiary institution registered on CRICOS
• Have completed an AQF Diploma level or higher qualification. If your course relates to an ANZSCO Major Group 3 or Group 4 occupation, your course must be at least Certificate III level and be listed on CRCIOS with a duration of at least 40 weeks
• Be living in Tasmania during your studies for at least one calendar year from the commencement of your course
• Completed your course at a full-time capacity and on-site in Tasmania
• However, if your ability to attend campus is affected by the COVID-19 lockdowns or travel restrictions, you are permitted some of your units online provided you lived and studied in Tasmania for at least 12 months.
• The minimum 12-month study period may only be waived if you can demonstrate that you could not realistically travel to Australia before you completed your course.
• If you are a PhD candidate, you can still apply for this pathway even if you have not completed an undergraduate degree in Tasmania. However, you must be living in Tasmania and completing at least 2 years of your PhD discipline.

3. Tasmania’s Established Resident Pathway – Subclass 491

To be eligible for the Tasmanian Skilled Resident Pathway, you must:

• Be living in Tasmania for at least 2 years (if you have lived in another Australian state or territory, this time must be less than 50% of your total Australian residence period).
• Be currently employed (at least 20 hours per week) in Tasmania in either:
• an occupation at ANZSCO Skill Levels 1-3, with at least 6 months cumulative experience at the same level or higher in last 12 months; or
• an occupation at ANZSCO Skill Levels 4 or 5, with at least  12 months cumulative experience at the same level or higher in the last 18 months.

4. Tasmania’s Business Operator Pathway – Subclass 491

To be eligible for the Tasmanian Business Operator Pathway, you must:

• Show that you have opened and operated a business in Tasmania for at least 12 months.
• Note: Your business can be solely owned or co-owned with a spouse
• Note: Subcontracting business owners are not eligible under this pathway
  • Note: If you have a massage therapist business, it must be in a hospital, aged or disability care setting, or an allied healthcare setting.
• Generate a personal taxable income (to you) equivalent to at least 85% of the Temporary Skilled Migration Income Threshold (currently $45,815)
• Complete the key units on the Fair Work Ombudsman’s online learning centre to demonstrate that you know the responsibilities to treat employees fairly

5. Tasmania’s Overseas Application (Job Offer) Pathway – Subclass 491

To be eligible for the Tasmanian Overseas Applicant (Job Offer) Pathway (FY2022/23), you must:

• Have a formal employment offer for a job based in Tasmania thatis closely related to your nominated occupation. This employment must meet the following conditions:
  • Your employer is a well-established business with active operations in Tasmania in the last 12 months.
  • There is a genuine and ongoing position within the business and your employer has the capacity to support your employment
  • Your work conditions must not be less favourable than those that apply or would apply to an Australian citizen / permanent citizen, and your salary or wages must be equivalent to the local market salary rate 
• Have lived in other Australian states or territories within the last 12 months.
  • Note: this includes you or any of your dependents
• If your position is for massage therapy, your workplace must be in a hospital, aged or disability care setting, or an allied healthcare setting.

 6. Tasmania’s Overseas Applicant (OSOP) (Invitation Only) Pathway – Subclass 491

To be eligible for the Tasmanian Overseas Applicant (OSOP) Pathway, you must:

• Have received an invitation, in writing, from Migration Tasmania to register on the Migration Tasmania Gateway
• Have an occupation listed in the Overseas Skilled Occupation Profiles (OSOP).
• Have not lived in other Australian states or territories within the last 12 months
  • Note: this includes you or any of your dependents
• Have sufficient financial assets to fund your migration to Tasmania and at least the first 6 months of your settlement
• Have (and can provide) evidence of contact with at least 2 potential Tasmanian employers. You must show that the Tasmanian employers are interested in discussing employment opportunities with you
• Demonstrate that you have researched advertised positions relevant to your nominated occupation (at least 2 advertisements are required, and they must not be older than 6 weeks from the date you apply)
• Note: you must write an employment statement, for each advertisement explaining how your knowledge, experience, and qualifications meet the requirements of each job

Tasmania’s Nomination Process (for all streams)

The visa process consists of 5 stages:

1. Submit an Expression of Interest (EOI) to the Department of Home Affairs via SkillSelect. Your EOI must satisfy the requirements specific to your intended stream. 
2. Check that you meet the minimum nomination requirements and that you have at least one Gold or Green priority attribute. You can check your eligibility and pass colour on the Migration Tasmanian Skilled Nomination Eligibility Checker (available soon).
3. Complete a Request for Invitation form.
4. You must indicate your intended nomination pathway and any Gold or Green priority attributes.
5. Your EOI, CV, skills assessment, passport and English test result certificate must also be attached.
6. If you meet the minimum nomination and priority attributes requirements, Migration Tasmania will send you an invitation with a link to apply for nomination. You must submit your application and pay the $220 non-refundable fee within 14 days.
7. If your nomination application is successful, you will receive an invitation from Migration Tasmania to lodge your visa application.
8. All successful applicants must notify Migration Tasmania of visa grants, update contact details, complete periodic surveys, and fulfil commitment to work and live in Tasmania for at least 2 years.

Tasmania assesses eligible applicants against criteria unique to their jurisdiction, and only the most competitive applicants are offered nominations. Tasmania does have “Gold List” critical roles. If your nominated occupation falls within the list, your registration of interest may be prioritised.

The 2022/23 Skilled Migration Program (for subclass 190 and 491 visas) opened on 12 September 2022 for candidates who meet the minimum requirements for one of the nomination pathways AND have at least one Gold or Green priority attribute.

For candidates who meet the minimum requirements of the nomination pathways but do not meet the requirements for a Gold or Green Pass, you will be able to register your interest at a later date (to be announced).  

This article contains general information on the 190 and 491 visas, as well as Tasmania State Nomination, which are correct as of the date of writing this article. Changes to the migration program can occur without notice. The above information is not intended to be legal advice. 

To explore your skilled visa options with Tasmania, contact Migration Affairs for a consultation today!