Subclass 190 Skilled Nominated Visa

The Subclass 190 visa is a points-tested permanent residence visa designed for highly skilled professionals who receive sponsorship from an Australian State or Territory Government. This pathway enables talented workers to contribute their expertise to regional economies whilst establishing themselves permanently in Australia.

Unlike the independent Subclass 189 visa, the 190 visa provides an additional 5 points towards your points score through state or territory nomination, making it an attractive option for applicants who may not quite reach the threshold for independent skilled migration.

Key benefits

As a holder of the Skilled Nominated (Subclass 190) visa, you can:

• Live, work, and study anywhere in Australia permanently
• Enrol in Medicare, Australia’s public healthcare system
• Sponsor eligible relatives for permanent residence
• Apply for Australian citizenship (if eligible)
• Travel to and from Australia for five years from the date of grant
• Include family members in your application

Application process

The 190 visa follows a multi-stage application process:

Stage 1: Skills assessment

Before commencing your application, you must obtain a positive skills assessment for your nominated occupation from the relevant assessing authority. Each occupation has a designated assessment body that evaluates whether your qualifications and experience meet Australian standards.

Stage 2: Expression of Interest (EOI)

Submit an Expression of Interest through SkillSelect, providing comprehensive details about:

• Your nominated occupation
• Educational qualifications
• Work experience
• English language proficiency
• Other point-scoring factors

The SkillSelect system will calculate your estimated points score. If you achieve a competitive score, state and territory governments can view your EOI and consider nominating you.

Stage 3: State or territory nomination

Each state and territory maintains its own priority occupation lists and eligibility criteria. Once a government agency decides to nominate you, you’ll receive a formal invitation to apply for the 190 visa.

Stage 4: Visa application

Upon receiving your invitation, you have 60 calendar days to submit your complete visa application to the Department of Home Affairs. Your application must demonstrate that you continue to meet all requirements, including the points score specified in your invitation letter.

Points assessment

To receive an invitation, you must score a minimum of 65 points on the points test. Points are awarded for various factors:

Age

• 18-24 years: 25 points
• 25-32 years: 30 points
• 33-39 years: 25 points
• 40-44 years: 15 points

English language ability

• Competent English (e.g., IELTS 6.0 each component): 0 points
• Proficient English (e.g., IELTS 7.0 each component): 10 points
• Superior English (e.g., IELTS 8.0 each component): 20 points

Skilled employment (in nominated occupation or closely related)

Overseas employment:

• 3-4 years (in past 10 years): 5 points
• 5-7 years (in past 10 years): 10 points
• 8+ years (in past 10 years): 15 points

Australian employment:

• 1-2 years (in past 10 years): 5 points
• 3-4 years (in past 10 years): 10 points
• 5-7 years (in past 10 years): 15 points
• 8+ years (in past 10 years): 20 points

Educational qualifications

• Doctorate from an Australian institution or recognised overseas qualification: 20 points
• Bachelor degree or higher: 15 points
• Diploma or trade qualification: 10 points

Australian study requirement

• At least one degree, diploma, or trade qualification from an Australian institution (meeting the Australian study requirement): 5 points

Specialist education qualification

• Master’s degree by research or Doctorate from an Australian institution in a science, technology, engineering, mathematics, or ICT field: 10 points

Professional year

• Completion of a Professional Year programme in Australia in your nominated occupation or a closely related field: 5 points

State or territory nomination

• Nomination by a state or territory government: 5 points

Partner skills

• Partner with competent English and a positive skills assessment in an occupation on the same skilled occupation list: 10 points
• Partner with competent English: 5 points
• No partner or partner is an Australian citizen or permanent resident: 10 points

Other factors

• Accredited community language qualifications: 5 points
• Study or work in regional Australia: 5 points

Eligibility requirements

General requirements

Age:

• Must be under 45 years of age at the time you receive your invitation to apply

Skills assessment:

• Must hold a valid and positive skills assessment for your nominated occupation
• The assessment must be from the designated assessing authority for that occupation
• Your skills assessment must be valid at the time of invitation

Occupation lists:

• Your nominated occupation must appear on either:
  • Medium and Long-term Strategic Skills List (MLTSSL), or
  • Short-term Skilled Occupation List (STSOL)

English language:

• Minimum competent English required (generally IELTS 6.0 in each component or equivalent)
• Some occupations and states may require higher levels
• Citizens of the USA, UK, Canada, Republic of Ireland, or New Zealand are typically exempt from English testing

Health and character:

• Must meet health requirements (undergo examinations by approved panel physicians)
• Must satisfy character requirements (provide police certificates from all countries where you’ve resided for 12+ months in the past 10 years)

Location: You can lodge your EOI and visa application from inside or outside Australia. If applying from within Australia, you must hold:

• A substantive visa (full visa), or
• A Bridging A, B, or C visa

Commitment obligations and moving states

Understanding your obligations

When you accept state or territory nomination, you typically make a commitment to live and work in that state or territory for a specified period (usually two years).

The 190 Visa is permanent

Important Distinction: The Subclass 190 is a permanent visa with no formal visa conditions restricting you to a particular state. Once granted, you have the legal right to:

• Remain in Australia indefinitely
• Move freely anywhere in Australia
• Live and work in any state or territory

Moral vs legal obligations

Legal status: The 190 visa does not include visa conditions requiring you to stay in your nominating state.

Moral commitment: When accepting state nomination, you typically sign a commitment statement agreeing to live and work in that state for at least two years. Whilst not a visa condition, breaking this commitment may have consequences.

Potential consequences of moving

Immigration history:

• Failure to honour your commitment may be noted in your immigration file
• Could potentially affect future visa applications (e.g., sponsoring a spouse or other family members)
• May impact credibility in subsequent migration matters

State government response:

• Most states expect you to honour your commitment
• Some states may consider releasing you from your commitment in exceptional circumstances (e.g., relationship breakdown, inability to find employment)
• Some states (like NSW) do not issue Letters of Release

Practical considerations: If facing genuine hardship or circumstances beyond your control (partner living in another state, inability to secure employment), you may wish to:

• Contact the nominating state government to explain your situation
• Request release from your commitment in writing
• Document your efforts to comply with the commitment

Processing times

Current processing timeframes

Processing times for the Subclass 190 visa vary based on several factors:

Standard processing:

• 13 to 16 months for most applications (as of recent data)

Factors affecting processing times:

• Complexity of your individual case
• Time required to receive information from external agencies (health, character, national security checks)
• Number of places available in the migration programme
• Changes in application volumes
• Ministerial Directions and processing priorities

On-hand applications

Historical data:

• Large number of applications awaiting processing (over 10,000 applications on hand as of recent data)
• Applications lodged 6+ months ago may wait an additional 8-12 months for case officer contact
• Exception: Applications with occupations on the Priority Migration Skilled Occupation List may be processed faster

Onshore vs offshore applicants

Processing advantage:

• Onshore applicants typically experience greater visa grant numbers
• Offshore applicants face longer wait times
• Studying and working in Australia before lodging can provide advantages

Occupation-specific considerations

High-demand occupations:

• Nurses, engineers, ICT professionals, scientists, and social workers typically receive many invitations
• Processing may be faster for priority occupations

Less common occupations:

• Applicants with occupations receiving fewer invitations should be prepared for potentially longer processing
• May need to demonstrate stronger commitment to the nominating state

Family members and dependents

Including family in your application

You can include the following family members in your 190 visa application:

Eligible family members:

• Your partner (spouse or de facto partner)
• Your dependent children or your partner’s dependent children
• Stepchildren who meet dependency requirements

Rights of family members: All family members granted the visa have the same rights as the primary applicant and can:

• Live permanently in Australia
• Work and study without restrictions
• Access Medicare
• Sponsor eligible relatives (if applicable)
• Apply for Australian citizenship (when eligible)

Partner requirements

Evidence required:

• Marriage certificate (for married couples)
• De facto relationship evidence (for unmarried couples)
• Form 888 statutory declarations from two Australian citizens or permanent residents
• Evidence of genuine and continuing relationship:
  • Shared financial commitments (joint bank accounts, joint leases, shared bills)
  • Social aspects (joint invitations, photos together, correspondence)
  • Nature of household (joint residence, household bills)
  • Nature of commitment (joint travel, shared future plans)

Dependent children

Definition: A dependent child is someone who:

• Is under 18 years of age, or
• Is 18-23 years old and financially dependent on you, or
• Is over 23 and unable to work due to disability

Documentation required:

• Birth certificates
• Adoption papers (if applicable)
• Evidence of dependency (for children over 18)
• Character documents (for children 16 years and older)

Secondary applicants

Important note: Whilst family members are included in your 190 visa application, they are not specifically named in the state nomination application itself. The nomination focuses on the primary applicant’s skills and suitability.

Checking occupation eligibility

Before lodging your EOI:

1. Verify your occupation appears on MLTSSL or STSOL
2. Check which states and territories include your occupation on their priority lists
3. Review any state-specific requirements for your occupation
4. Confirm the assessing authority for your occupation
5. Ensure you can meet the skills assessment requirements

With our expert knowledge and personalised approach, we ensure every detail of your 190 Visa application is managed with accuracy and care. Book a consultation today if you’d like a personalized assessment of your eligibility.