Skilled Migration Visas

1. If my client has state nomination is his visa guarantee?

No, only state nomination does not guarantee visa grant. Your client must fulfil all
other requirements for a valid application to the Department of Home Affairs. After
nomination, state or territory governments have no further involvement in the visa
process.

2. Can my client seek assistance of state governments if his visa is refused by the Department of Home Affairs?

No.

3. Is it possible to know if an occupation is close to its planning level?

No, government does not release individual occupation planning levels. The colour
coded system on the State Nominated Occupation Lists indicates the number of state
nomination places left for that occupation. Occupations are listed as available (green),
low availability (blue) or special conditions (red).

4. What is a program year?

A program year relates to the financial year which is from 1 July to 30 June.

5. Can my client include my volunteer work experience to meet skilled work experience requirement?

No, volunteer work experience is not considered to be skilled work experience. Only
paid skilled work experience of at least 20 hours per week is considered.

6. Can I appeal a refused decision on my client’s application?

Yes, the Department may review your client’s application if you can demonstrate that
an administrative error has been made. However, review cannot be initiated if there is
inadequate documentation, not meeting state nomination requirements, unclear
information, typing errors or inadvertent omission of information/documents.

7. How can my client apply for permanent residency if he is a state nominated Subclass 489 visa holder?

Your client can apply for a permanent Skilled Regional visa (Subclass 887) if they
meet other requirements for grant of this visa. Before applying, they must have lived
in a regional area of Australia for two years and working full-time for at least one year
(in a regional area).

8. How can my client apply for permanent residency if he is a state nominated Subclass 491 visa holder?

Your client can apply for a Permanent Residence (Skilled Regional) visa (Subclass
191) if they meet other requirements for grant of this visa. Before applying, he must
have lived in a designated regional area of Australia for at least three years and have a
taxable income above a specific income threshold for at least three years.

9. Can my client apply for the Skilled Independent visa (subclass 189) if they receive invitation from the government while having an outstanding application for State nomination?

Yes, your client can apply for Subclass 189 visa. In such cases, their application for
State nomination will be automatically declined. However, the application fee will not
be refunded.

10. Can my client submit another application if they have already been nominated by state government?

No.