Migration Tasmania – The Analysis of Tasmania’s 2022 Skilled Nomination Program (Subclass 491)
AESC is a Tasmania-based registered migration agent. We’ve stayed dedicated to Tasmanian education and migration services for 8 years. Our professional services have helped over 3500 clients realize their migration dreams.
AESC’s expertise lies in the profound understanding of Tasmanian education and migration policies. Our experienced consultants have all lived in Tasmania for a long time. Frequent interactions with the Tasmanian government keep us updated on the migration policies. In-depth insights and local life experience enable us to obtain reasonable foresight of the future trends in migration programs.
AESC always acts in your best interests. Apart from detailed explanations of migration pathways, we will also inform you about the potential risks and suggest solutions to minimize them. Our professionalism and ethics distinguish us from mediocre migration agents who only tell you how effortless the pathways can be. After free consultations, we will generate personalized migration plans that maximize your chances of securing a state nomination without any detour.
The following article presents you with the most comprehensive and detailed analysis of Tasmanian 491 state nomination policy. Although this article costed us a whole-week’s hard work, 26,000 words are still not enough to deliver all the critical information you need to know before making a well-informed decision.
You are more than welcomed to contact us for a comprehensive and realistic understanding of Tasmanian migration programs. Our consultants will provide you with a full picture and help you figure out the migration pathway that suits you the most.
An Overview of Subclass 491 Visa
How to Apply for the Subclass 491 Visa in Tasmania
There are seven steps in the subclass 491 visa application. Further details will be discussed later in this article.
Step 1: Meet the Department of Home Affairs Key Eligibility
AESC’s in-depth analysis:
All five of the above requirements MUST be satisfied. In addition to meeting the Department of Home Affairs requirements, the applicant also needs to meet the requirements of the Tasmanian Government to be eligible for state nomination. The Tasmanian Government assesses your application for state nomination, and the Department of Home Affairs assesses your visa application.
Each state in Australia has different state-specific requirements. For example, some states require nominated occupations on their state's immigration occupation lists. Some states require additional work experience in specific industries or job offers for a certain amount of time. Some states nominate applicants based on their scores in the points test. Some states require applicants to obtain a higher score in language tests, etc. In short, immigration is more likely to be successful in the states that impose simpler and fewer state-specific requirements on potential applicants.
Among all the states in Australia, Tasmania has the most favourable immigration policy that sets the lowest entry requirements for applicants. Tasmania's open-door immigration policy is relatively stable, which significantly eliminates the uncertainty in your immigration journey.
Step 2: Meet the Nomination Requirements Set by the Tasmanian Government
The Tasmanian Government has divided applicants into five categories. You need to firstly choose from one of the five categories based on your background, then meet the requirements of the selected category.
The five categories are:
1. Tasmanian Graduates
2. Working in Tasmania
3A. Overseas Applicant (TSOL)
3B. Overseas Applicant (Job Offer)
4. Family in Tasmania
5. Small Business Owner
The state government lists three pieces of critical information on its official website. Before exploring the requirements of your selected category, it is highly recommended to understand the critical information first.
Critical Info I:
AESC’s in-depth analysis:
The Tasmanian government declares that a state nomination cannot be guaranteed because of the limited nomination quota. In fact, the nomination quota is limited in all states. Wherever you seek a state nomination, you have to compete with other applicants. Compared to other states, the Tasmanian annual nomination quota is relatively sufficient and covers most applicants. Therefore, competition for the state nomination is remarkably less fierce in Tasmania. Detailed information regarding state nomination quota in each state can be found on the official website of the Department of Home Affairs:.https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels.
Critical Info II:
AESC’s in-depth analysis：
The “high calibre” consideration indicates that high-quality applicants are especially welcomed by the Tasmanian government. Outstanding applicants who do not meet the 190 requirements may still be considered a 190 nomination.
Positive attributes for high calibre applicants emphasize skills assessment, job prospects, working experience and commitment to the state. However, applicants should also note that “consideration” does not mean “nomination guaranteed”.
According to our 8-years’ experience, it's extremely hard to be regarded as "High Calibre" unless the applicant is extraordinarily exceptional.
Critical Info III: Bridging Visa holders seeking AAT/Federal Court Review
Let’s have a look at the five 491 categories. You just need to meet the requirements of one of these five categories.
Category 1 – Tasmanian Graduate
Study commenced before 30 June 2021:
AESC’s in-depth analysis：
1. It is crucial to choose a reputable Tasmanian registered education provider to study a one-year course. Factors you should consider when deciding what course to study include: the quality of teaching and internship, the professional networks provided by the education provider, the job prospects and so on. As a Tasmania-based local registered migration agent, we are equipped with the most updated information. We will suggest the best study options tailored to your situation.
In addition, the one-year course must be fully completed. For example, if you enrol in a 2-year undergraduate course, you will have been studying in Tasmania for one year’s time by the end of the first year. However, your course has not been completed. Therefore, you are not eligible to apply for the 491 nomination yet. You need to wait until you graduate.
2. It is required that you have lived in the state for at least 1 year and during your period of study prior to applying for visa state nomination. Therefore, it is recommended that applicants come to Tasmania before the start of their study so that you can meet the one-year residency requirement directly upon graduation. You must study in Tasmania on campus. Online study outside of Tasmania does not count for the one-year study period.
3. The Tasmanian Government specifically indicated that the applicant and dependents MUST currently be living in Tasmania and able to provide evidence of your genuine ongoing commitment to remain in Tasmania. This can be a decisive factor in your application.
The Tasmanian government offers such a favourable state nomination immigration policy to attract people to live in Tasmania. The state government wants applicants to settle in Tasmania in the long term, thereby contributing to Tasmania's economic growth and improving its aging demographics. If the applicants and dependents do not demonstrate a willingness or ability to stay in Tasmania for a long period of time, the state government may not grant an invitation even if the requirements are met.
4. The applicant is supposed to generate a Career Plan. If the applicant does not currently have a skilled employment in Tasmania, the state government can be concerned about the applicant's ability to live in Tasmania in the long term. You need to write a Career Plan that clearly states a feasible plan to find a high-skilled job in Tasmania. In this way, you can show the state government that, despite being temporarily unemployed, you have the ability to find skilled employment and will be able to stay in Tasmania in the long run.
Compared to the previous policy for graduates who commenced the last course of study before June 30 2021, the new policy adds several additional provisions to the previous policy. Therefore, our analysis will focus mainly on these new provisions.
Update 1: For students who commenced the last course of study after June 30 2021, their study does not need to be related to the nominated occupation. However, a relevant skills assessment will be highly regarded. Therefore, if you’ve obtained a skills assessment, it is recommended to study in the fields relevant to your skills assessment. Although a relevant skills assessment is not mandatory, it will provide you with competitive advantages in your 491 application. For example, if you already hold a skills assessment as a general accountant, studying finance, MBA and other business-related courses will improve your competitiveness when applying the 491 state nomination.
The state government specifically emphasises this newly added information, indicating that the Tasmanian government values the significance of applicants’ Tasmanian study, hoping that it can improve their abilities and contribute to their career prospects. Take the applicant with an accounting skills assessment as an example, although he can study other courses in Tasmania if he would like to, such as commercial cookery and community service, these courses will not benefit his 491 application if he cannot receive a relevant skills assessment or secure a high-skilled job in relevant fields. For those students who argue that studying in a completely different field is to change their career path, it is recommended to provide evidence when applying for the 491 state nomination, such as a relevant skills assessment, a relevant job and so on.
The Tasmanian government would like to nominate Tasmanian graduates who demonstrate a genuine intention to settle in Tasmania. Students who consider permanent residency as the only purpose of studying in Tasmania are unlikely to be nominated because they may leave the state soon after receiving the state nomination. Studying a course that is not relevant to your backgrounds but is said to be “preferred” by the state government will not benefit your application unless you can prove your genuine intention with supporting evidence.
For example, an applicant with a business background enrols in the commercial cookery course in Tasmania. If he cannot obtain a skills assessment as a chef or cook, or cannot find relevant jobs in hospitality fields when applying for the state nomination, he may not be considered as a competitive applicant. The state government may be concerned about his intention of the study, his willingness and his ability to settle in Tasmania in the long term.
Update 2: Those students who commenced the last course of study after June 30 2021, their study MUST be directly related to a Priority Industry Training and Workforce Development Area. To put it simply, students who have chosen a major that is not in the Priority Industry Training and Workforce Development Area must study a course at the Diploma level or higher.
Another important update is that, If you held a visa that was NOT a Student visa (subclass 500) at the time you completed your last course of study in Tasmania, the study MUST be directly related to a Priority Industry Training and Workforce Development Area (current at the time you commenced study) at the minimum qualification level specified for that area.
If you would like to seek a state nomination, you must enrol in courses that meet the requirements above. Please feel free to contact us. We are more than happy to help you with your course options.
Tasmanian Graduates are highly valued by the state government. Detailed guidance regarding the state nomination can be found on the official website (For more information, please visit International Student Graduates).
Suggestions for international graduates from Tasmanian Government
AESC’s in-depth analysis
This suggestion on the state government’s official website clearly states the occupations in high demand in Tasmania (refer to the TSOL list and Priority Training and Workforce Development Area list). Graduates who study in these fields will be highly regarded, especially if the study is related to health, trades and construction, engineering and community services.
It is also noted that previously there was no requirement for on-campus study. Now all courses commenced in Tasmania MUST be full time and on campus. This new policy indicates that the state government would like students to experience the local life and build connections with the local society. Students who establish meaningful connections with the Tasmanian community are more likely to settle after graduation. Those students who do not live and study in Tasmania during their studies are unlikely to be nominated.
The state government has also expressed a preference for graduates outside the greater Hobart region, such as Launceston. This indicates that the Tasmanian Government encourages people to study in Launceston and make contributions to the local community.
It is clearly stated that Graduate Certificate courses do not count as study time, but Graduate Diploma courses do. This change indicates that the state government values the level and quality of qualifications obtained in Tasmania. Therefore, it is recommended that you enrol with reputable education providers and pursuit higher degrees such as undergraduate, graduate diploma, postgraduate, etc.
Although the state government lists several industries in Tasmania that are currently in high demand, applicants who do not have study or work experience in these fields do not need to worry. Firstly, the TSOL list changes every year. The Priority Training and Workforce Development Area list is reviewed every two or three years. Occupations on these lists keep changing. Secondly, the state nomination quota in Tasmania is relatively sufficient. Applicants with skills assessments related to Accounting and IT may find it extremely difficult to migrate in other states. But in Tasmania, where the quota is relatively sufficient, migration is much more feasible. For example, according to statistics from previous years, over 50% of the state nominations were granted to accounting students. Therefore, even if your study is not in the prioritized fields, you still have a good chance to be nominated in Tasmania.
AESC’s in-depth analysis：
This advice may seem straightforward, but there are considerable implications behind it. Students are responsible for conducting their own research and choosing an education provider they believe is the most credible and reliable. In other words, the school’s reputation and quality of teaching are very likely to affect the success of the state nomination. If the school is no longer qualified to be registered with CRICOS or the quality of teaching is problematic, students have to bear the negative consequences of their own choice.
Therefore, we recommend that applicants be careful when selecting their education providers. Applicants should be especially cautious of institutions not registered with CRICOS or at risk of being removed from the CRICOS list. The University of Tasmania is the only public university in the state. Although there are private education providers in Tasmania, their quality of teaching varies significantly. You are more than welcome to book a free consultation with us before choosing a school to enrol with. As a local-based registered migration agent, we will provide you with detailed information about Tasmanian education institutions and help you find out the one that suits you.
AESC’s in-depth analysis
The state government expresses a preference for applicants who can make meaningful contributions to the local economy and community. In addition, if your secondary applicant has the ability to contribute to Tasmanian society, he or she can make your case stronger.
Applicants can make meaningful contributions by various means. Investing in a local-based business, participating in community activities, volunteering your time and skills to help others in the community are some of the things you can do to make yourself a distinguished applicant.
Therefore, it is suggested that potential Tasmanian Graduate stream applicants can seize prosperous business opportunities when studying in Tasmania. You are also encouraged to devote your time and efforts in community service activities, which helps you blend in the local community and benefits your state nomination application.
AESC’s in-depth analysis
Whether you need to have a job or not when submitting the state nomination application is the question most people ask when choosing a migration destination.
The Tasmanian government has clearly stated that having a job is NOT a mandatory requirement for applicants from the Tasmanian Graduate category. The only compulsory requirement for Tasmanian graduates is to complete their full-time study in Tasmania for one (Subclass 491) or two (Subclass 190) years. The state government understands that international students may focus on their studies and need more time to prepare for entering the workforce.
The main reason why having a job is favourable is that people who have a job are more likely to stay in Tasmania in the long term. As a designated regional state, Tasmania is less attractive to migrants than metropolitan areas. The state government values applicants’ commitment to Tasmania more than any other criteria. If you are not currently employed, you still have a good chance to obtain a state nomination if you can demonstrate your genuine ability and commitment to live in Tasmania in the long run.
Apart from obtaining employment, there are many other ways to show your genuine ability and commitment to settle in Tasmania. Your ability to find high-skilled jobs in the near future can be demonstrated in the Career Plan. Your argument can be more convincing if you have carefully researched the local job market, developed your professional network while studying and sharpened your professional skills in internships or volunteer activities. Your commitment to the state can be shown in various means as well, such as volunteering, participating in community activities, buying a house and so on. In a nutshell, employment is NOT the only decisive factor that underpins a successful state nomination application.
How can you make your case stronger? The answer to this question highly depends on your background. Please get in touch with us for detailed advice tailored for you to maximize your chance in the state nomination application.
It is worth noticing that for Tasmanian Graduates category applicants, the state government sets no additional requirements apart from completion of the study, such as EOI score, state-specific occupation lists, working experience, job offer or occupation-specific quota. These additional requirements can be fairly hard to achieve, making them the biggest barriers that break the migration journey. As an individual, we have no control over the change of the migration policy, the occupation lists, or the vacancies in the labour market in the graduation year. However, if you choose Tasmania as your migration destination, you do not need to worry about these requirements at all.
The migration policy in Tasmania is all about commitment to the state and employability skills. These two aspects are comparatively easier for applicants to gain control of. For example, to demonstrate your commitment to the state, you can participate in volunteer activities and other community activities, join in Uni clubs and so on. To demonstrate your abilities to secure high-skilled employment in the near future, you can conduct research of the labour market, seize unpaid internship opportunities, establish your professional network during your study and so on. The state government do not require you to have a job when lodging your application. As long as you can show your genuine ability and commitment to settle in Tasmania, the state government will regard you as a strong applicant.
Compared to other states where local working experience closely related to your nominated occupation is one of the compulsory entry requirements, the Tasmanian state nomination program is significantly more favorable and feasible.
Category 2 – Working in Tasmania
AESC’s in-depth analysis:
The Working in Tasmania Category has become more and more restricted. Prior to July 2018, the only compulsory requirement for 491 Working Stream applicants was to work full-time (35h/week) in Tasmania for three months. There were no additional requirements at all, such as the skill level of your occupation, salary and wages, to fill the skill shortage or to work in rural areas.
The following requirements were added to the 491 Working Stream in the mid of 2018: Firstly, the length of working increased from 3 months to 6 months; Secondly, your occupation should fill a genuine, ongoing skill shortage in Tasmania; Thirdly, certain kinds of low-skilled jobs were not qualified for this category, such as uber drivers and employment in limited-service restaurants.
More restrictions were imposed to this category in the year 2019. Your employer must be a well-established business that has been actively operating in Tasmania for 12 months; Employers were responsible for proving that local labour force could not fulfil the occupation needs; Employment in more fields was classified as unsupportive; Employers were asked to provide more documents, such as ongoing recruitment activity reports, government or independent research publications.
In the year 2021, more restrictions were placed on the Working in Tasmania Category. Major changes are listed as below:
1. Length of contract and benchmarks for wages and conditions.
Previously, there was no requirement regarding the length of your contract. Now your contract needs to be 12-month long with at least 3 months remaining at the time you apply for nomination. Previously, the minimum wage was fine, but now you need to obtain wages and conditions equivalent to the market salary rate and no less favourable than the wages and conditions of citizens and permanent residents in similar occupations.
2. Applicants with low-skilled jobs face more challenges.
Previously, there were no restrictions for low-skilled employees.
From the year 2018, the policy for the Working in Tasmania Category started to tighten. Applicants with low-skilled jobs needed disclaimers from their employers, proving that it was difficult to hire local workers to do the same jobs. Employment in some industries, such as jobs in limited-service restaurants, was excluded from this category.
Now the entry requirements of the Working in Tasmania Category become even more stringent. Low-skilled employment is no longer qualified unless harsh conditions are met (e.g. The employment is ongoing, for at least 6 months beyond the application date; It is located at least 50km from a population centre of more than 5000 people, in a position for which there is a genuine and demonstrated severe labour recruitment difficulty, etc.).
3. Your employer needs to be incredibly corporative.
The state government provides a 2-page-long document list for your employer. The biggest challenge is that employers may need to provide loads of detailed documents, such as BAS (Business Activity Statement), to prove that the business is well operated. Your employer may need to generate documents to prove that there is severe labour recruitment difficulty of your position. Your employer may need to show evidence that the company financially supports your industry-specific training. Please note that employers can be reluctant to disclose highly sensitive financial information to the state government or devote significant amount of effort to prepare loads of documents, just to support an employee’s visa application.
From the policy changes that happened in the past five years, it is apparent that the Tasmanian government imposes higher and higher requirements to Working in Tasmania Category applicants, just as any other state in Australia. These newly added requirements include the length of the contract, the skill level of the occupation, salary and wages, the quality of employers and so on.
For applicants from this category, we suggest that：
1. Do not seek employment in industries that do not qualify for the state nomination. These industries include: supermarkets, service stations, limited-service restaurants, massage clinics, taxi/uber driving, sub-contracted cleaning, business maintenance or security work. Low-skilled employment (ANZCO skill level 4 or 5) is not desirable either because the requirements have been more and more restricted in the past years. More stringent requirements might be added to low-skilled jobs in the near future. Applicants who aim to apply under the Working in Tasmania Category should aim for senior-level and high-skilled employment.
2. The state government is asking for a more extended employment contract than before. Please pay attention to the time remaining in your employment contract. Your contract should be at least 12-month long with at least 3 months remaining at the time you apply for nomination. Employment in positions classified at ANZCO skills level 4 or 5 is supposed to be ongoing, supported by an employment contract with at least 6 months beyond the application date.
3. It is worth understanding the implementations behind the tightened policy for the Working in Tasmania Category. The nomination quota is limited in all states. Tasmania is no exemption. Granting a nomination quota to a Working Stream applicant means that the quota to other category applicants decreases by one. The main purpose of the state nomination migration program is to boost economic growth. State governments have a preference over applicants who can maximise the economic contributions to that state.
4. The policy for the Working in Tasmania category changed almost every time when new policy was released. Although Tasmania still has the most favourable working stream policy compared to other states, the policy has become more and more restrictive.
5. Potential applicants with full working rights are encouraged to come to Tasmania, find a full-time job, then submit their applications under the Working in Tasmania Category. However, it is highly recommended to have a plan B while preparing for the state nomination. This is because the Working in Tasmania stream policy is relatively unstable and becoming more and more restrictive. According to our experience during the last seven years, only exceptional applicants in highly-skilled, unreplaceable roles have a good chance to be nominated under this category.
Our recommended plan B is to enrol in a one-year course while looking for a job. This is a feasible way to maximise your chance in the state nomination application for applicants who hold a visa with full working rights (such as the Subclass 485 visa). This plan B provides you with flexibility in the application process. If you do not land a highly competitive job or if your application is rejected under the Working category, you can apply for the 491 state nomination after graduation under the Tasmanian Graduate stream.
Category 3A – Overseas applicant TSOL
AESC’s in-depth analysis:
Compared to the previous 3A classification of overseas applicants (TSOL), the difficulty level remains the same under the new policy. It is worth noting that the state government stated for the first time that occupations not on the TSOL list could also be eligible for state nomination in Tasmania. According to industry requirements, the state government will occasionally invite applicants whose nominated occupations are not on the TSOL list.
Applicants in this category need to pay attention to two aspects. First, the applicants cannot live in any other states or territory of Australia in the past year before application. Second, applicants need to research the local labour market and prove there are sufficient employment opportunities and positive prospects (unless your nominated occupation is listed as ‘High Demand’).
1. There will be significant difficulty in labour market research.
2. Time-sensitive. The research results are subjective and would change over time. There will be roughly three months between application submission and nomination. The officers will evaluate the research results based on their judgement, and labour shortage will not be necessarily the same as before.
3. Applicants need to satisfy the requirements of TSOL as well as the State Government and the Department of Home Affairs.
Let’s take chef/cook as the example: If the applicant hasn’t lived in any other sates in the past year, and is currently living in China, then this applicant should satisfy the below requirements to submit the application:
1. have at least three years working experience at large-scale kitchens after graduating from cookery course,
2. have a valid skill assessment for chef/cook, and
3. achieve at least ‘Competent’ English language proficiency and 65 points on the Department of Home Affairs points test.
It can be seen from the above details that the state government has stringent requirements for overseas applicants. The extremely high threshold of this classification results in limited applicants who meet the requirements and even fewer applicants who successfully get the nomination.
Category 3B: Overseas Applicant (Job Offer)
Category 4: Family in Tasmania
Category 5: Small Business Owner
AESC’s in-depth analysis
Compared with the previous policy (before 2021.01.29), the only change was that, a comprehensive business plan (relevant entrepreneurial experience) is a critical factor. The state government specifically bolded this request on its official website, which indicates its importance. It can be seen that the state government hopes that applicants for this category preferably have relevant successful entrepreneurial experience or work experience. For young applicants who have just graduated with little or no work experience or entrepreneurial experience, if they submit a 491 application under this category, the state government will inevitably be suspicious of their ability to run a business. This is not conducive to state nomination.
In addition, the state government also retained the income requirements. In the earliest 489/491-small business owner category, income level was not considered. At present, when reviewing the application for this classification, the state government needs to evaluate the profitability of the applicant company. If the small business could demonstrate sufficient operating capacity to earn AU$53,900 for the applicant every year, the applicant, under the 491 small business owner category, will not be nominated.
Moreover, the applicant has to provide a detailed small business plan to demonstrate their entrepreneurship, including the evidence of thorough research into, and understanding of, the target market, research and understanding of relevant industry conditions, realistic market opportunities for the proposed business in Tasmania, and personal entrepreneurial ability.
The State Government especially pointed out that “franchise and part-owned or passive business investments, service stations, massage clinics, and taxi/uber related business are not supported under this category”. This requirement proves that only emerging businesses in industries that are relatively in short supply and can make outstanding contributions to the Tasmanian economy can help applicants increase the possibility of obtaining a state nomination.
Category 1 – Tasmanian Graduate
(Stable, feasible, high success rate)
The most significant change in this category is that the applicant must study a course directly related to a Priority Industry Training and Workforce Development Area if the applicant held a visa that was not a student visa (subclass 500). While if the applicant holds a student visa, there’s no additional requirement for the course. Suppose you graduated from other states and hold a 485 visa. In that case, you need to enrol in a course in the Priority Industry Training and Workforce Development Area to meet the requirement of the Tasmanian Graduate category.
Compared with the previous policy, the only additional requirement is one-year living in Tasmania and completing a course listed on CRICOS. Tasmania does not have a state-specific occupation list for graduate stream applicants. So as long as your nominated occupation is on the overall Australian immigration lists (Medium and Long-Term Strategic Skills List; Short-term Skilled Occupation List; Regional Occupation List), you can apply for the state nomination. Moreover, the Tasmanian government does not assign specific quotas to certain occupations. Although having a job will provide you with competitive advantages, there is no mandatory requirement on working experience or job offers. Meanwhile, in some cases, the state government will also consider whether the applicant has the potential to earn an annual salary of $53,900 to meet the requirement of transferring from Subclass 491 to Subclass 191 visa.
Many applicants left Tasmania immediately after accepting the nomination in the past years. This led to the increasing value of applicants’ loyalty and contribution to Tasmania when the state nomination application is assessed.
To increase the chance of being nominated, applicants can get part-time jobs or volunteer works, or start a small business or buy a property if capable. These are all possible ways to show your loyalty and contribution to the community. You are the one to keep by the State government no matter how the policy changes if your commitment and contribution are clearly demonstrated. At last, those who have subsequent applicants should also come to Tasmania as soon as possible. Subsequent applicants will influence the overall evaluation of main applicants, so they'd better not stay in other states of Australia (studying or working).
At present, this category has the lowest entry requirements among the state nomination programs. It is also the category that sees a high success rate.
Category 2 – Working in Tasmania
(New requirements on the industry, wages, and contract duration. The policy is tightened.)
In general, the requirements of this category have become more stringent because of additional requirements on applicants’ wages and conditions. Applicants’ wages and conditions must be no less favourable than those that would apply to an Australian citizen or permanent resident, and salary or wages are equivalent to the market salary rate. While in the previous policy, there’s no such requirement. For example, if you are an accountant, you can submit the application when your salary is above $20.33/hour in the past. However, you can only meet the requirement when your salary is about $30/hour now, the average hourly rate for an accountant in Tasmania. The wage requirement has added difficulty for applicants who want to choose the workstream. Some people have to drop the offer only because the wage doesn’t meet the government’s requirements. In addition, there are additional requirements for employment contracts and applicants with low-skilled jobs.
Applicants must work for a business that has been well-established and actively operating for the past 12 months. This means applicants are not eligible for this category if the company was established less than a year or has a poor performance during the past year. The tricky thing is that employer needs to provide evidence to show the business condition. At the same time, most of them are not willing to reveal financial information to the government simply for an employer’s State nomination.
At last, there are areas of employment in Tasmania that are not supported for nomination under the ‘Working in Tasmania’ category. These are positions with low entry requirements and have more job opportunities in the labour market, such as supermarkets, massage clinics, taxi/uber driving, sub-contracted cleaning, business maintenance or security work. This requirement shuts out many applicants who have managed to find a job.
Due to the above changes, fewer and fewer applicants can meet the requirements under this category. As a result, many people choose to study instead and apply under the Tasmanian Graduates category upon graduation.
For Category 3A applicants, their nominated occupations must be on the TSOL list. Please note that some easy-to-get skills assessments, such as accounting and IT, are not on this list.
In addition, Category 3A applicants should meet the ‘other requirements and notes column’ requirements specified on the TSOL for their nominated occupations. For example, suppose you are currently overseas and have a hairdresser’s skill assessment when you apply for the nomination. In that case, you must have ‘at least three years’ work experience after graduation’ according to the TSOL.
Category 3B Overseas Applicant (Job offer) requires applicants to receive a formal job offer in their nominated occupations and have not lived in other Australian states or territories (including dependents). More importantly, the employer must have a well-established business that has been actively operating in Tasmania for the last 12 months. In addition, there should be a genuine and ongoing need for your position within the business and the capacity for the business to sustain employment. For the above requirements, the State government doesn’t provide details to define well-established business, actively operating, and existing, current, genuine and ongoing needs. This means there is great uncertainty. It is hard to secure an ongoing job in Tasmania, even for permanent residents or people with a valid visa.
One of the biggest obstacles for this category is that local employers can be reluctant to spend time and effort recruiting overseas workers. They may lack the motivation to go through a complicated, time-consuming process to sponsor overseas employees' visa applications.
The COVID-19 pandemic makes this category even more stringent. The state government planned to invite maximum 50 people global wise in the financial year 2021-2022. According to our 8 years' rich experience, it is unlikely to obtain a state nomination under this category unless the applicants are indeed extremely exceptional.
Category 4 – Family in Tasmania
(Unchanged, low threshold, applicants should be immediate family of Australian citizens or permanent residents)
A successful nomination under this category fully depends on your family. Suppose you have an immediate family member, such as a parent, sibling, child, uncle, aunt or grandparent. In that case, you can apply for this category (you also need to meet all basic requirements from the Department of Home Affairs). Of course, your immediate family member must be a permanent resident or citizen of Australia and has been living in Tasmania for at least 12 months.
The only uncertainty in this category is the classification of the immediate family member. Previously, cousins could also be considered immediate family members, but they were now removed from the sponsorship list. Also, relationships by marriage are not acceptable for this category, including sister-in-law or brother-in-law.
This is a low threshold category! You only need an immediate family member in Tasmania!
Category 5 – Small business owner
(More stringent requirements, relatively unstable policy, still complicated
Compared with previous policy, the State government put forward three new requirements:
The state government will additionally consider whether the applicant has successful experience in operating a related business and whether the business will bring long-term economic benefits to Tasmania.
The State government has ruled out specific business models, including franchise, partially-owned or passive business investments.
Some types of business have also been ruled out, such as service stations, massage clinics and taxi/uber related businesses.
Other aspects remain the same.
When this category was first brought up, the applicant only needed to provide a complete business plan. Now, the applicant must solely own a business that has been operating for at least 6 months in Tasmania. The state government will also evaluate whether the company has the operational capability to earn an annual income of AU$53,900 when assessing the applicatiion.
In addition, applicants need to provide: evidence of thorough research into, and understanding of, the target market; research and understanding of relevant industry conditions; licensing and/or registration requirements for the business in Tasmania; realistic market opportunities for the proposed business, particularly where the business would be competing with other similar existing businesses already established in Tasmania.
Factors such as the applicant's prior business ownership or business management experience, the nature of the business, and its long-term benefit to Tasmania will also be considered.
At last, specific business models and certain industries are excluded from this category as clearly listed by the State government.
To summarize, this category adds additional requirements for operating time and conditions. More importantly, it drastically cuts off specific models and types of business that are not in short supply. The government shows preferences on entrepreneurial and profit-oriented businesses that can fill the demand-supply gap in the Tasmanian market.
Step3: Expression of Interest (EOI)
Step 4: Document checklist
There are 3 groups of documents to upload:
- ESSENTIAL (required for all applications);
- CATEGORY SPECIFIC (required depending on your choice of nomination category); and
- ADDITIONAL SUPPORTING (other miscellaneous documents).
Group 1: ESSENTIAL REQUIRED DOCUMENTS (all categories):
AESC’s In-depth Analysis:
One of the requirements in the Commitment Statement is worth noticing. If you or your dependents have studied or lived in another Australian state or territory within the last 12 months, you need to indicate why you want to re-settle in Tasmania.
It is recommended that you and your dependents do not frequently travel to other states once deciding to apply for the state nomination in Tasmania. Otherwise, it can be difficult to demonstrate your genuine intention to settle in Tasmania in the long term.
We once had a client who studied in Tasmania and planned to apply for state nomination under the Tasmanian Graduate Category. However, his partner did not come to Tasmania with him at the very beginning. She stayed and worked in another state until several months before his graduation. After they lodged their state nomination, the state government asked them to explain the partner’s long-term stay outside of Tasmania. Obviously, the state government highly values the commitment of both main applicants and their sub-applicants.
If you are planning to apply for the state nomination with your sub applicant, it is recommended that your dependent applicant comes to Tasmania with you. If that is not feasible, your dependent applicant is supposed to live with you in Tasmania for at least 12 months before lodging the state nomination application.
Group 2: CATEGORY SPECIFIC DOCUMENTS (also required)
AESC’s In-depth Analysis
There are five requirements added to the Tasmanian Graduate Category on 29 January 2021.
1. Applicants should provide a travel itinerary, such as airline or spirit of Tasmanian itinerary of permanent arrival in Tasmania. It indicates that the state government is asking for evidence to verify whether the applicants genuinely stay in Tasmania during their study. It is recommended to move to Tasmania before the course start date, keep your rental contract, airline or spirit tickets and other documents to prove your genuine stay in Tasmania. In addition, please remember to change the address of your bank account after arriving in Tasmania.
2. If you are currently unemployed, you need to generate an employability statement to demonstrate your ability to secure employment in the Tasmanian labour market. The state government emphasizes the importance of linking your Tasmanian study to your skills and previous experiences to prove your ability to settle in Tasmania and contribute to the local community. This new policy implies that you should give careful consideration when choosing your education provider and area of study. Factors such as your academic background, skills assessment, previous working experience and etc. should be taken into account. It might not be a wise choice to follow the crowd and enrol in a “popular” course. There is not an education provider or an area of learning that suits every potential applicant and can benefit their state nomination application. Please feel free to contact us for professional advice. We will provide personalized solutions that suit your background and cater for your needs.
3. All Australian qualifications are required, including completion letters and academic transcripts of your study in other states. Previously, only documents relevant to Tasmanian study were needed.
4. Statutory declaration now counts as evidence of living in Tasmania. When firstly come to Tasmania, some people may temporarily live at places without rental agreements, such as a friend’s house. If that is the case, you can ask people who live with you to sign a statutory declaration stating that you physically stayed in Tasmania at that time. If you need a statutory declaration template, please do not hesitate to contact us.
5. The employment contract is now required if you have a job (don’t worry about it if you haven’t found a job yet). Previously, only employment certificates and payslips were needed. If you find a job in Tasmania, please ask for a formal employment contract and keep it once it’s signed.
Category 2: WORKING IN TASMANIA (Subclass 491)
Category 3A: OVERSEAS TSOL (Subclass 491)
Category 3B: OVERSEAS JOB OFFER (Subclass 491)
Category 4: FAMILY IN TASMANIA (Subclass 491)
Category 5: SMALL BUSINESS OWNER (Subclass 491)
Group3: ADDITIONAL SUPPORTING DOCUMENTS:
Step 5: Apply for Nomination
Step 6: Apply for Visa
Step 7: Subclass 491 - Maintain Obligations
From Skilled Work Regional Visa (Subclass 491) to Permanent Residence Visa (Subclass 191)
You are eligible to apply for permanent residence after 3 years from the time your 491 is granted if requirements are satisfied.
What is Subclass 191 visa?
Permanent Residence (Skilled Regional) visa (subclass 191) is for people who have lived, worked and studied in a designated regional area in Australia on a previous, eligible visa. With this visa, you can:
· Stay in Australia permanently
· Work and study in Australia
· Enrol in Australia’s public health care scheme (Medicare)
· Sponsor your relatives to come to Australia
· Travel to and from Australia for 5 years (you can renew your PR every five years)
· If eligible, apply for Australian citizenship
How to apply for a Permanent Residence visa (Subclass 191)?
To apply for a Permanent Residence visa (Subclass 191), you must:
· Hold an eligible visa (e.g. Subclass 491)
· Have lived for at least 3 years in a designated regional area
· Have had a taxable income at or above a specific income threshold (currently $53,900) for at least three years while holding your eligible visa
· Both primary and secondary applicants have complied with the conditions of the eligible visa you hold or have held.
To summarize, to be eligible to apply for a 191 visa after a 491 visa is being granted in Tasmania, you need to: 1. For at least 3 years in a designated regional area, 2 years of which should be in Tasmania.
In order to benefit from Tasmanian’s favourable migration policy, applicants need to make a commitment statement to the state government, stating that they will live in Tasmania for two years after the visa is granted. Although this expectation is not listed as a requirement in the 491 visa grant letter, we strongly recommend applicants to fulfil their commitment to the state government by staying in Tasmania for two years after the 491 visa is granted.
2. You are supposed to have had a taxable income at or above $53,900 for at least three years while holding a 491 visa.
This means that 491 visa holders must meet the income threshold for at least three years to be eligible to apply for a Permanent Residence visa (subclass 191). Many kinds of incomes can be counted as “taxable”, for example, salary and wages, rental income, dividends and other income from investments, interest from a bank account, etc.
· Founded in 2014, AESC TASMANIA is a MARA (The Migration Agents Registration Authority) registered migration agent in Australia.
· We’ve stayed dedicated to Tasmanian education and migration services for 8 years.
· Our professional services have helped over 3500 clients realize their migration dreams.
· From 2017 to 2021, we have been the best performing agent officially acknowledged by the University of Tasmania for five consecutive years.