Can I be eligible for state nomination (491/190) from Migration SA if I am not working in my nominated occupation?

South Australia Visa 491/190 program is one of the most generous program in Australia. There are plenty of allocations for Skilled visa 491 and 190 in South Australia comparing to the small number of international students and workers here.

Therefore, South Australia has many streams for skilled migrants (the highest number of migration streams available among all states and territories).

Know the complicating of South Australia Skilled Visa 491 and 190 nomination streams, we are writing this blog for someone who is seeking permanent residency pathway when you are not working in your nominated occupation or if you are from Melbourne or Sydney and not confident to get your nominated job in South Australia.

A common question that we have been asked many times is:

"How can I get 491 or 190 state nominations from SA if I am working as an Aged Care Worker or a Disability Care Worker, whereas my nominated occupation is totally different such as Accountant or ICT related? "

Work Experience Exemption streams in South Australia State Nomination 491 visa and 190 Visa Available

Usually, to get state nomination for a General Skilled Migration visa, there is a requirement of work experience in the nominated occupation or in any closely related field.

SA is even providing a more generous definition of closely related occupation.

They do not use the first 4 digits of ANZSCO code to determine closely related. They expand the list by accepting first 2 digits or even all occupations in the same skill assessing authority will be counted as closely related occupation.

However, it varies between each occupation. We highly recommend you look up your own occupation on the website to check your closely related options.

For skilled migrants who are not able to find a job or who are working in Aged Care or Disability sector that is not related to their major, these streams are perfectly fit for your Australian Permanent Residency purpose.

Migration SA provides exemptions  for people who are living and working in outer regional South Australia or for people who are long term residents of SA.

Here are some of the exemptions you might be interested in:

• Exemptions for applicants living and working in OUTER REGIONAL SOUTH AUSTRALIA in any occupation

There are certain concessions to work experience requirements if you are living and working in outer regional of South Australia.

Check South Australia Eligible Outer Regional postcodes here >

According to this stream, Applicants living and working in outer regional South Australia for the last 12 months in any occupation (does not have to be a skilled occupation nor related to your nominated occupation) may be eligible to be nominated for a 491-visa nomination. 

Applicants living and working for the last 24 months in outer regional South Australia in any occupation, may be eligible to be nominated for 190 visa nomination. 

To be considered eligible for this stream, you must be currently living and working in SA Regional areas. 

What to be considered before apply for living and working in outer regional of South Australia Visa 491 and 190?

Missing one of those requirement will not be eligible for visa 491 or 190 in South Australia State Nomination.

If you are working remotely and currently living in outer regional of South Australia, it may not be counted as being eligible for the stream.

If you are studying in Greater Adelaide Area and living in outer regional of South Australia, you may not be eligible for the 491 or 190 nomination in SA.

Lower skilled occupations like cleaners, waitors and waitresses ARE ELIGIBLE as long as you are earning taxable income from a company in Regional of South Australia.

• Exemptions for international graduates of SA or their partners who are living and working in SA (including Greater Adelaide) as a long-term resident/s:

This may be a good option for applicants who have finished their studies from SA and are living and working in SA (including greater Adelaide) being long term residents of SA.

Under these exemptions, you may be eligible for subclass 491 nomination, if you have been living in SA for the last 3 years and you are working in SA for the last 12 months in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

For many graduates, they must have been in Adelaide for at least 2 years plus their temporary graduate visa 485  or Post study Work 485 Visa (These are 2 different streams under Subclass 485 Visa). Attaining 3 years of living and working in South Australia is so straightforward.

Those who are studying or complete their study in Accounting, ICT Major, Social Work, Community Work or Engineering in Australia will take the most advantage from long term resident SA 491 stream. 

With those students, they may at least be eligible for 491 if they work as aged care workers or disability support worker in South Australia for State Nomination Visa 491.

Please be mindful that lower skilled occupations such as cleaners, waitors or waitresses, kitchenhands are NOT eligible for the stream.

Please talk to our immigration lawyer to see if your current employment is eligible for the program.

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• Work Exemptions for temporary visa holders residing in SA for 5 years:

You may be eligible for 491 nomination if you are residing in SA (including greater Adelaide) from last 5 years are currently working for the last 12 months in SA in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

Lower skilled occupations are not eligible

Not all the occupations have these exemptions available. We recommend that you check the requirements for your nominated occupation on SA Migration website before applying.

Who gets the benefit of SA nomination streams for Visa 491 and Visa 190?

Some of the occupations including Accountants and ICT related occupations, Social work, Community work or Engineering professionals are taking the most advantage of those streams above.

Those are courses that can get skill assessment immediately post-qualification without requirement of work experience canhave a lot of benefit of these streams in South Australia.

Especially, for international students interstate such as Melbourne or Sydney, you only need at least 12 months to apply for 491 visa or 24 months for 190 visa in South Australia Outer regional Area.

You may have a lot of work experience in Aged Care or Disability support, good time, South Australia is facing a severe shortage in health care sector in which having plenty of vacancies.

No matter who you are, where you studied or completed your study, South Australia always have an option for you to secure your Permanent Residency Pathway.

If you need help with deciding what your best option for South Australia state nomination visa 491 and 190, our team at Work Visa Lawyers is happy to help!

Source: https://www.migration.sa.gov.au/

Author:

Sumandeep Grewal , Registered Migration Agent at Work Visa Lawyers (MARN 2117667)

Australia Skilled Migration Program: Small Business Owner for Regional Skilled Visa 491 and Skilled Nominated Visa 190

The general skilled migration program in Australia has been the most popular program used by migrants to obtain permanent residency status.

Visas represented for this program can be named subclass 189 (skilled independent visa), subclass 190 (skilled nominated visa), and 491 (skilled regional) (the previous visa for 491 is 489 visa)

The skilled migration program attracts skilled migrants worldwide and onshore graduates and workers as its benefits that the country can bring to each family.

Not surprisingly, Australia receives thousands of applications every year under the skilled migration program, which is highly competitive.

Those who are not highly skilled in their occupation might consider the Small Business Owner (SBO) pathway to aim for permanent residency.

Queensland was the first state to launch this program, and it has been increasingly popular over the years. 

As of July 2021, four states in Australia, Queensland, Tasmania, Canberra, and South Australia, have this program officially in place.

You may not be aware that South Australia even has this stream. Very few articles talk about the small business owner skilled migration stream in South Australia.

This blog will give you full details of the South Australia small business owner stream.

Before that, watch out video for the quick overview of the Small business owner stream South Australia 491/190

Latest news on South Australia Skilled Regional Visa 491 allocations

South Australia has announced that it is close to meeting its quotas for visa 491 nominations under General Skilled Migration state nomination program for this financial year 2021-2022. 

SA occupation list website has modified all the requirements for 491 visa to only available for Talent and Innovator program. This means that all 491 applicants will have to lodge a registration of interest.

Skilled & Business migration is still open for new applications and continuing to process the active ones, the demand for South Australia state nomination 491 visa will likely exceed their annual places of nomination.

Learn more about South Australia immigration here >

Covid has made immigration to Australia hard, but things are finally starting to change.  The South Australian Government has just added 70 more roles to its Skilled Occupation List, making a total of 109 occupations now open for offshore skilled migration to SA! If you are currently offshore and looking for a way to move to Australia, this could be your chance.

In September 2021 South Australia opened for applications for the 188 Entrepreneur visa and announced it had made some changes to the eligibility criteria which make it much easier to get.  Previously this visa was limited to applicants who had already secured financial backing for their businesses but the new version is much more accessible.  For the right person with the right business proposal, the Entrepreneur visa can offer a path to Australian permanent residency.

Background

The Business Innovation and Investment Program encompasses Australia’s range of business and investment visas.  It incorporates the 188 visa and all its sub-streams, and the 888 permanent visa.  Once an applicant has completed their 5 year stay on the 188 visa, if they have fulfilled the obligations of their visa they may apply for the 888 visa which grants them permanent residency.  There are multiple streams under each visa heading but today we’re looking at the 188 Entrepreneur stream, also known as the Entrepreneur Visa - a visa for ambitious business people wanting to start an enterprise in Australia.

What are the Benefits of the 188 Entrepreneur Visa?

The Entrepreneur visa allows you and immediate members of your family to live and work in Australia.  After 3 years you can apply for permanent residency and eventually, citizenship too. 

Who Is Eligible?

To be eligible for the Entrepreneur Visa anywhere in Australia, you must meet the Federal Requirements.  The Federal Requirements for the 188 visa are that you must:

Federal Requirements

• Propose to undertake a business activity in Australia that will lead to the commercialisation of an innovative product or services in Australia
• Have at least a competent level of English
• Be nominated by a state
• Meet the health and character requirements
• Be under 55 years of age or be able to show your business will provide an exceptional economic benefit to Australia
• Sign a values statement
• Owe no debt to the Australian government, and
• Not have previously had a visa cancelled or an application refused.

In addition to these, you must comply with any additional requirements of the state you intend to live in.  The South Australian Requirements for the 188 Entrepreneur visa are that you must:

South Australian Requirements

• Intend to live in South Australia
• Propose your business be based in South Australia
• Be nominated by a Service Provider, and
• Provide a detailed proposal for your Australian business.

Who cannot Apply?

Unfortunately, holders of certain visas are deemed ineligible to apply for the South Australian Entrepreneur Visa.  You will be immediately refused if you are a holder of a:

• Student visa of any kind (including 500, 570, 571, 572, 573, 574)
• 403 Temporary Work visa, or
• 771 Transit visa.

Do I need to be in Australia to apply?

You can apply for the South Australian Entrepreneur visa from anywhere in the world! There is no need to be onshore.

Service Providers

In order to be eligible for the South Australian Entrepreneur Visa, you must be nominated by a Service Provider.  These Service Providers are a group of organisations dedicated to working with new and growing businesses. The Service Providers are:

• Stone & Chalk

• New Venture Institute (Flinders University)

• Moonshots

• Thinclab (The University of Adelaide)

• The Innovation & Collaboration Centre (UniSA)

What Types of Business does South Australia Want?

The proposed business must be likely to, in the opinion of the Australian Government, achieve the 888 Entrepreneur visa criteria within 5 years.  The criteria are divided into “Key Factors” and “Supporting Success Factors”.  You will need to demonstrate you are likely to meet either:

• 2 x Key Success Factors; or
• 1 x Key Success Factors and 3 Supporting Success Factors

Remember, you don’t need to already be fulfilling these criteria – you just have to show that you are likely to fulfil them in the next 5 years.  As far as what your business actually does, it doesn’t matter so long as it is likely to fulfil the criteria.  There are 3 prohibited categories:

1. Labour hire
2. Residential real estate
3. Purchasing an existing business,

And of course, your business idea needs to be legal and ethical.  So long as it fits the criteria and isn’t one of the prohibited categories, it could be anything from creative arts to space technology!

What about states other than South Australia?

The only other state that is accepting applications for the 188 Entrepreneur visa outside of South Australia is New South Wales (NSW) however the criteria for eligibility are higher in NSW.  In addition to meeting the Federal Requirements, the NSW Requirements are that you must:

New South Wales Requirements

• Already have funding secured for your business project;
• Funding must be secured from an approved entity (an Australian Government agency, publicly-funded research organisation, university, or an approved investor).
• Be nominated by an approved NSW Startup Program;
• Submit a detailed business proposal;
• Commit to living and working in NSW; and
• Have your business headquarters in NSW.

The difference here is that for an 188 Entrepreneur Visa in NSW, you must have already secured your funding. In South Australia, you need only show that you are likely to secure funding.

You can read more about the NSW program here.

How do I apply for the South Australian 188 Entrepreneur Visa?

The first step is to make an appointment to talk about your options with an experienced immigration lawyer or registered migration agent at Work Visa Lawyers who can go through the details of the 188 visa with you and make sure you are eligible, and that your intellectual property is protected.  If you meet the criteria, the next step is to commence discussions with one of the approved Service Providers (above) as you will need one of these groups to nominate you if you are to receive the Entrepreneur Visa.  If for any reason you do not meet the criteria, Work Visa Lawyers will assess your personal situation and advise what you need to do to qualify, or what alternative visa pathways might be available to you.

Being situated in Adelaide, South Australia, Work Visa Lawyers are uniquely positioned to help you with your South Australian Entrepreneur Visa application, and we would love to help you on your journey.

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

Author:

Chris Johnston, Founder and Principal Lawyer at Work Visa Lawyers

Disclaimer

While every care is made to ensure this information is correct at the time of publication, it is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your personal situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

Sources

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188/entrepreneur-stream

https://migration.sa.gov.au/visa-options/business-and-investment-visas/business-innovation-and-investment-provisional-visa#nav-requirements

https://www.nsw.gov.au/topics/visas-and-migration/business-and-investor/subclass-188e