Minister’s New Direction: 190/189/491/887 and Other Skilled Visas Prioritised — Will Processing Actually Speed Up? NSW State Nomination Opens a New Pathway Tomorrow!


Since Covid, visa processing priority arrangements have been in place — initially tied to Covid-specific needs, then linked to border reopening, and more recently focused on supporting economic recovery.

For various reasons, some of these arrangements have been visibly maintained throughout, while others have been quietly ignored — until the backlog reached one million visa applications.


The Minister for Home Affairs has issued Ministerial Direction No. 100


Skilled visa subclasses covered under this direction will receive priority processing

The visa subclasses are listed without any ranking between them
(the order is simply by subclass number, from smallest to largest)

There is no ranking between subclasses, but different applicant circumstances are ranked within
1. Occupation is in the healthcare or teaching sector
2. For employer-sponsored applicants, those from an Approved Sponsor with Accredited Status will be prioritised above others
3. Visa applications related to work in regional areas
4. For permanent residency or two-step PR visas counted within the annual migration programme — excluding the Subclass 188 — priority applies
5. All other applicants

Within the above priority groups,applicants holding certain passportswill receive additional priority.Applications lodged offshore by the primary applicantwill also receive priority.






Groups one and two need no explanation — they have been prioritised for some time.

Group three is somewhat vague — does it refer specifically toregional employer-sponsored Subclass 494applicants? Or does it extend to applicants with work in regional areas, which could be read to includeSubclass 491/489 applicants with an active (nominated) job in a regional area? Most Subclass 491 applicants in regional areas should likely qualify.

Group four, in plain terms, meanstransitioning to Subclass 887/191/888 will still carry relatively lower priority— because these are not counted within the Department’s annual KPI for grant processing teams, meaning they are not part of the 195,000 annual allocation, as applicants were already counted as occupying a migration quota place when they received their Subclass 489/491. Fair enough. And thenSubclass 188 has been excluded once again —business and investor migration under the current Labor government is genuinely difficult.

Finally, offshore applicants are prioritised — specifically, applications lodged by the primary applicant while overseas.

Other skilled visa subclasses — that is, those not shown in the first table — will be processed in lodgement date order.That is actually reasonable — at least applicants know where they stand.


Our analysis

Skilled visas being explicitly listed as priority, and coveringmany of the migration pathways our clients commonly apply for, is clearly a positive development.

However, if you have just joined the queue waiting for a grant, and you are now looking at this priority framework,we would still caution that it is for reference only — with significant caveats.

First, based on past experience,actual implementation may fall somewhat short— for example, the entire Subclass 491 category was previously ranked as higher priority than Subclass 190, yet in practice there is no evidence that 491 has processed faster than 190; grant figures also show 190 approvals consistently running ahead of 491.

Second,priority is never absolute— outside of healthcare and teaching,the priority arrangements we have seen have come in small, sporadic waves.Take the recent widely-discussed announcement by the Home Affairs Minister that offshore skilled applications would be prioritised: yes, there has been a gradual increase in offshore requests for further information and grants, but onshore grants have also continued in significant numbers — in fact, a large batch of onshore Subclass 190 grants came through just recently —so it must be viewed as a whole picture, with both onshore and offshore allocations balanced out.

Third, forSubclass 887 and the subsequent transition to Subclass 191, at that stage there is effectively no nominated occupation — whether working in healthcare or teaching would actually accelerate 887/191 grant processingremains to be seen.

In summary,listing most of the common skilled migration pathways may carry greater significance as a statement of intentthan as a guarantee of speed. Processing of near-grant applicants and skilled migrants has been visibly accelerating,and applicants across various skilled visa categories are receiving more requests for further information, moving steadily towards grant.

We hope everyone gets their grant as expected — and most of all, we hope those who have been waiting two or three years finally get across the line first!




Four months into the new financial year

NSW Subclass 491 — RDA Pathway Finally Opening

On 2 November 2022





Applications through all RDA local governments will follow a unified process:

Step 1:The applicant completes the application form on the state government’s official website and attaches the relevant documents (compiled into a zip file). Each application may only nominate one RDA. (The form should be publicly available tomorrow.)


Step 2:The state government will forward the form and documents to the applicant’s nominated RDA.Upon receipt, the RDA will send the applicant a confirmation email along with payment details.Important:

*This step only confirms receipt of the application — it does not mean the application has been approved

*All RDA application fees are a flat rate of AUD 800; processing will only begin after payment is received


Step 3:The RDA will process the application within 8 weeks. During this period they may contact the applicant to request additional documents, and will notify the applicant of the outcome.


Step 4:Once the RDA confirms the application is approved, it will notify the state government directly. The state government will issue the official nomination to the applicant within 5 business days, after which the applicant may lodge the Subclass 491 visa.






Quick Tips for NSW Subclass 491 This Financial Year

1. How applications are assessed:All RDAs will share a single occupation list, with each occupation carrying minimum EOI score and relevant work experience requirements. Individual RDAs will assess each application against local needs.


2. Exemption policy:Applicants who have completed study related to a nominated occupation that qualifies for the Australian regional study points claim — in a NSW regional area within the past 24 months — will be exempt from that occupation’s minimum work experience requirement.


3. Who may apply:Applicants overseas are eligible. Those onshore must be residing in NSW, including the Sydney region, with a minimum of 3 months’ residence required.


4. Consider carefully:NSW follows a one-nomination-per-person policy. If you have ever received a formal Subclass 190 or 491 nomination from NSW, you will permanently lose the opportunity to receive any further skilled NSW state nomination.







Occupations Worth Considering for NSW Subclass 491


The following occupations are worth considering for those who cannot reach a higher points score and do not want to leave NSW:
*Bare score = EOI score minus 15 points

Social Professionals (Interpreters and Translators) 65 points, 0 years

Financial Brokers 70 points, 1 year

 Architectural, Building and Surveying Technicians 85 points, 2 years

Cooks 85 points, 3 years

Insurance Agents 65 points, 0 years

Real Estate Sales Agents 65 points, 2 years


Minimum EOI Score and Work Experience Requirements for Other Common Occupations

Cafe and Restaurant Managers — 90 points, 2 years

Accountants — 115 points, 3 years

Advertising and Marketing Professionals — 100 points, 3 years

Architects and Landscape Architects — 100 points, 1 year

Civil Engineering Professionals — 105 points, 1 year

Other Engineering Professionals — 105 points, 1 year

ICT2611/2613 — 110 points, 1 year

ICT2631 — 110 points, 2 years


Hopefully NSW Subclass 491 This Year Will Not Waste Its Quota


NSW Subclass 491 has seen considerable confusion in its implementation over the past few years — possibly in an effort to get things right,this financial year the state government has chosen to take longer to establish clearer, more comprehensive rules rather than rush the process.


NSW Subclass 491 Pathway 2 (direct state government invitation) issued a round of invitations not long ago, targeting high-scoring applicants who lodged in the previous financial year;many of those applicants have since moved to better options under this financial year’s settings.Now that Pathway 1 (RDA pathway) has been slow to open, it remains to be seen how many applicants it will genuinely attract.


The biggest challenge this financial year remains the very high eligibility requirements — a stark contrast to other states.


If you are genuinely committed to pursuing NSW, or are an offshore applicant, NSW Subclass 491 is worth considering as a backup option. To find out more and discuss your eligibility, contact our team below:


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