Breaking: NSW Official Says Occupation List May Drop Within 2 Weeks! Department Urges More Offshore Applications — Subclass 491 Shares One List!


On the morning of 30 August, the Migration Institute of Australia (MIA) hosted a session, invitingNSW Investment officials to brief agents on NSW’s skilled and business migration programmes for the 2022–23 financial year.


NSW’s transition allocation for this financial year is 7,160 Subclass 190 nominations and 4,870 Subclass 491 nominations, along with 260 places for business and investor migration.


The NSW official indicated that the state’s occupation list is expected to be released within two weeks — or at the very least within the next couple of weeks.


What We Already Know

【190】


The NSW official also noted that many past applicants selected both 190 and 491, then said they wanted 190 after receiving a 491 nomination — wasting an opportunity. That is why this financial year requires EOIs to select NSW and 190 only.


A new requirement this financial year is that applicants must have been residing in NSW or overseas for at least 6 months.


【491】

Stream 1 — Lodge directly with the relevant RDA regional authority

Stream 2 — Lodge with the state government


What’s New

Stream 1 — How to Lodge “Directly” with the RDA Regional Authority

The state government will publish a standard application form on its website. Applicants who meet the minimum requirements may lodge (with supporting documents included). The application will be sent directly to the relevant RDA regional authority, who will assess whether to select the applicant — estimated 4–6 weeks. If the RDA authority approves, it returns to the state government, which checks points score and basic eligibility — if satisfactory, the nomination is issued directly.


Regional Study Exemption

Applicants who have studied in a regional area may receive a partial exemption. The qualification must be related to the nominated occupation (the first four digits of the ANZSCO code must match).


NSW Residency Requirement for the Subclass 491 Application

Q: If I live in Sydney and want to apply for Subclass 491, do I need to move to a regional area of NSW?

A: No. Subclass 491 applicants may reside anywhere within NSW.


Occupation List

Q: Does each of the 14 RDA authorities have its own occupation list?

A: The NSW official confirmed it will be one list. This list sets the minimum points score, skills and other requirements for each occupation. However, each RDA authority will consider local demand for particular occupations and an applicant’s connection and contribution to their region when assessing applications.


Priority Selection

Q: Will this financial year prioritise onshore or offshore applicants? Does the state government apply a priority order — for example, based on points score?

the state government has not set a preference for onshore versus offshore applicants this financial yearbut the Department of Home Affairs has circulated a guidance document encouraging state governments to give greater consideration to overseas talent. The NSW official did not directly address the question of priority order.


Priority Selection

Q: Does NSW prefer applicants with more relevant work experience?

A: The NSW official again did not answer directly — only saying that selection is a competitive process…


Subclass 190 EOI Lodgement

Q: If an EOI selects both NSW 190 and Subclass 189, will it be considered?

A: The NSW official confirmed that an applicant may hold multiple EOIs. They can nominate Subclass 189 via a separate EOI, and the state government will only consider EOIs that select NSW 190 only.


Subclass 190 EOI Lodgement

Q: After applications open, do I need to lodge a new EOI?

A: No — EOIs lodged up to one year ago remain valid. Our understanding is that the EOI itself remains valid, but the state government will apply this financial year’s new requirements when making selections.


Residence and Employment

Q: If I live in NSW but work in Victoria, is that acceptable?

A: The NSW official and the moderator noted that such a situation would most likely only arise in areas along the NSW–Victoria border. She therefore answered from a Subclass 491 perspective, stating that the RDA regional authority would consider the applicant’s contribution to the local area.


New Lodgement and Invitations

Q: When will this happen?

As noted above, the occupation list is being finalised and the NSW official believes an announcement will come within 2 weeks — or within the next couple of weeks at most, not long away. NSW EOIs can be lodged at any time, so there is no concept of “opening” or “closing” — the question for those lodging now is simply whether they meet the state government’s requirements. As for when invitations will be issued, the official was unequivocal: this will not be publicly announced. No.


Reading between the lines, it is clear that at this stage there are aspects of NSW’s policy and implementation for this financial year that have not yet been finalised. Officials only shared what they could at this point. The information above may differ from what the NSW government ultimately publishes on its website.


For more details on other upcoming changes previously flagged by the state government on its website, see our summary: NSW State Nomination Opening Soon! Updated 190/491 Requirements, Major 491 Changes — Out-of-State Applicants Effectively Excluded, Regional Study Encouraged!


Planning to Apply for NSW Subclass 190 or 491?

Get in touch with us now via the contact details below!


Business & Investor Migration

Both Subclass 188A and 188B this financial year now require a minimum points score of 85 — investor stream and innovation stream alike.


Subclass 188C (Significant Investor) has no major changes this financial year.


Streams A, B and C have no more-specific quota allocations — they share the overall NSW business and investor migration state nomination allocation.


The state government has no preferred business type, but encourages applicants to target priority sectors.



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