NSW State has updated the requirement for Skilled Work Regional (Provisional) Subclass 491 Visa to now accept an application for Subclass 491 until 26 June 2020. Applicant must apply by 5 pm on that day.
The new update requires applicant to have an occupation on the NSW regional skilled occupation list on NSW Stream 1 and to be currently living in a designated regional area of NSW. The occupation in NSW Stream 1 have most occupations major of the applicant has from accountant, nursing, chef, cook, IT and engineering related.
On top of the two main requirements, an applicant should meet the requirements for the Subclass 491 which includes having 65 points in total, having completed as a full skill assessment, obtaining minimum score of 6 each in all four band in English test that is required for the application being invited by the Department of Home Affairs under skill select.
Applicants need to meet the requirements for the subclass, lodge the Expression of Interest (EOI) in skill select and apply for state invitation emailing all required document and making a payment of $330.
The requirement specifies that the applicant has been currently living or already living in the designated area however there is no minimum timeframe for how long you have been residing in regional NSW. If there is no such requirement, even if, the clarification indicate that the applicant cannot move to a regional area to meet the requirement and that the evidence as to residence will be assessed thoroughly, there is nothing stopping applicant from applying for the state application.
Applicant can meet currently living in the area in a short period of time and as there is no length of time an applicant have lived in the regional area, one can be suggested to have met the requirement of currently living even if it is for one day. This is a grey area however it is for the state to specify the time period the applicant have been living in the regional area, should the state want applicant having lived for certain time or specify having living before certain date which is not the case currently.
Being so flexible and easiest option available from long time and possibly for a long time, any applicant who can genuinely meet the requirement and lodge the application should do so. The worst thing that can happen is a refusal by state (or not being invited) that does not impact on any visa currently held or any future visa application to the department (Home Affair). State may not be satisfied and hence refuse or not invite; you may lose your time, effort and money yet as indicated by the flexibility and easiness of the requirement, if you are to be invited, you may find any option of Subclass 491 for which people are moving to other state and spending a year or so let alone money and time. And, as long as you are providing genuine documents and information; there is nothing to fear.
Please note if there are any incorrect information or false, misleading or fraudulent document that is a complete no go zone for any applicant as the consequences of that may be bad and it is highly recommend not to entertain any such action/s.
Interesting thing, difference between regional area required under 491 and designated regional area under current requirement which seems to not cover major regional area including Wollongong and Newcastle.
Writer is a Register Migration Agent (MARN: 1466471) at Residency Guide and is Lawyer -Immigration at Residency Legal. The information above is a view of the writer personally and cannot be taken as a migration advice or assistance under the Migration Act 1958. If you need migration advice or assistance, please contact the writer or a RMA for individual advice in your circumstances.
