Subclass 491 Tasmania nomination & Small business operator

Subclass 491 Tasmania nomination is a Skilled Work Regional temporary visa for skilled people to live and work in Tasmania for up to 5 years. There is a PR pathway for those holding Subclass 491 Tasmania nomination visa. You may be able to apply for permanent residence (Skilled Regional) Subclass 191 visa after you have lived in Tasmania for at least 3 years and earning a minimum taxable income (currently set at $53,900) for at least 3 years (click here to learn more about Subclass 191 visa).

Subclass 491 Tasmania nomination gives you 15 extra points toward the Department’s points test eligible mark of 65 points (click here to find out your test points).

You (if you are outside Australia) should note that during the COVID-19 there are restrictions on Subclass 491 Tasmania nomination visa. In order to apply for Subclass 491 Tasmania nomination, your occupation must be listed as “High Demand” in the Tasmanian Skilled Occupation List or TSOL.

Are you eligible for Subclass 491 Tasmania nomination?

In order to apply for the Subclass 491 Tasmania nomination, you:

• must be under 45
• have an occupation listed in the eligible skilled occupation list (LIN 19/051)
• have a valid and positive skills assessment for your occupation
• have at least “competent” English (for e.g., at least 6 in each of the 4 bands in IELTS or holds a valid passport issued by the UK or the USA or Canada or NZ or the Republic of Ireland)
• score at least 65 points on the Department’s points test
• must meet the Tasmanian nomination requirements.

Meeting the criteria guarantee a Subclass 491 Tasmania nomination?

You should note that meeting the above requirements does not guarantee you will receive a Subclass 491 Tasmania nomination. This is because the Department sets a quota for Subclass 491 visas.

If you meet the Subclass 491 Tasmania nomination, your application will be assessed against all the other applications.

To secure a Subclass 491 Tasmania nomination, you should explain:

• how you are able to establish yourself in Tasmania
• how your skills and expertise will help you find work in Tasmania
• how you are able to transfer your skills and experience to other Tasmanian workers
• how your family members’ skills and experience can help other Tasmanians
• your English proficiency
• the likelihood you are able to achieve a taxable income of at least $53,900 (2020-2021) per year for at least 3 years in the next 5 years.

Priority skills for Subclass 491 Tasmania nomination

If you have skills in the below fields and you are willing to live in an area outside of Greater Hobart, your Subclass 491 Tasmania nomination will be held in high regard.

• Health
• Trades and construction
• Engineering
• Community services such as aged and disability care.

Bridging visa holders

If you are holding a Bridging visa A or B or C or E because you are seeking review of a decision, you can still apply for Subclass 491 Tasmania nomination but you will be required to leave Australia in order to lodge the Subclass 491. However, during the COVID-19 travel restrictions, Tasmania government will not nominate you until the travel ban is lifted.

Types of Subclass 491 Tasmania nomination

• Category 1 – Tasmanian Graduate
• You have studied full-time for a bachelor or a higher degree or a diploma or Certificate III for a skilled occupation (must be in the Major Group 3 in ANZSCO, e.g., Engineering, ICT, Science, automotive and Engineering Trades, Construction Trades, Electrotechnology and Telecommunications Trades, Food Trades, Skilled Animal and Horticultural and other Technicians and Trades) that is at least 1 academic year (40 weeks). If your study is not related to an occupation on the Tasmanian Skilled Occupation List, you must include a career plan with your application to explain how your studies have increased your ability to find skilled work in Tasmania.
• You have lived in Tasmania for at least 1 year during your study
• You and your dependents are currently living in Tasmania
• Online study is acceptable if the course cannot be delivered on campus and you completed all of your study in Tasmania. You must also have lived in Tasmania for at least 12 months to be eligible.

• Category 2 – Working in Tasmania
• You must have been working in Tasmania for 6 months before applying for Subclass 491 Tasmania nomination. You do not have to be working in your nominated occupation but you must have worked for at least 35 hours per week in 1 full-time job or in 2 or more part-time jobs. Your job must a genuine and be 1 of the ongoing skill shortage job.
• You and your dependents must be living in Tasmania
• Your employer must have a well-established business that have been operating in Tasmania for the past 1 year
• There must be a genuine need for your position within your employer’s business
• Your position must be at ANZSCO skill level 4 or 5
• Your position cannot be filled by a local person
• Your position cannot be an internship or stipend or scholarship or volunteer

You cannot apply for Category 2 if your employment is related to any of the below:

• Supermarkets
• Service stations
• Limited service restaurants (as cooks, chefs and café / restaurant managers)
• Massage clinics
• Taxi / uber driving

• Category 3A – Overseas applicant outside Australia seeking to work in Tasmania
• Your occupation must be listed as “High Demand” in the Tasmanian Skilled Occupation List (TSOL)
• You and your dependents must not have lived in another Australian state or territory in the last 12 months
• You need to meet the English language requirement
• You must meet the ‘other requirements” in the TSOL for your occupation
• You have access to sufficient funds for at least 6 months after arriving in Tasmania.

• Category 3B – Overseas applicant outside Australia with job offer
• You must have a formal job offer to work in Tasmania
• You and your dependents must not have lived in another Australian state or territory in the last 12 months
• Your employer must have a well-established business that have been operating in Tasmania for the past 1 year
• There must be a genuine need for your position within your employer’s business

• Category 4 – Family in Tasmania
• You must have an immediate family member who:
• is an Australian citizen or PR for at least 12 months before you apply for Subclass 491 Tasmania nomination
• is currently living in Tasmania for at least 12 months
• is your parent or brother or sister or child or aunt or uncle or grandparent (not from your partner’s side)
• agrees to support and assist you while you look for work after arriving in Tasmania

• Category 5 – Small Business Owner
• You must be living in Tasmania when applying for Subclass 491 Tasmania nomination
• You must have established and operated your solely owned business in Tasmania for at least 6 months
• You must show that your business is able to give you a personal income of at least $53,900 (2020-2021) for at least 3 years in the next 5 years
• You must provide a business plan showing that your have done comprehensive research into your target market, and doing business in Tasmania
• You should have prior business ownership or business management experience
• Franchise and partnership businesses are not eligible.
• Service stations, massage clinics and taxi / uber related businesses are not eligible.

If you are granted a Subclass 491 visa, visa condition 8579 will be imposed and you must live, work or study in a specified or designated area (click here to learn more).

Click here to learn more about Subclass 491 visa for Victoria. Click here for ACT or click here for NSW.

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if Subclass 491 Tasmania nomination is suitable for you or click here to find other visas.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.