Work Visa Lawyers Receives Two South Australian NIV Nomination Approvals for Entrepreneurs and Innovative Investors

Work Visa Lawyers has received two South Australian state nomination approvals for clients under the National Innovation Visa (NIV) subclass 858.

Both nominations were for high-calibre applicants with strong achievements and the potential to contribute to South Australia’s economy, innovation ecosystem and future growth.

To protect our clients’ privacy, we will not share identifying details. However, these outcomes are an important reminder that South Australian state nomination for the National Innovation Visa is possible for the right applicant with the right strategy, evidence and preparation.

What is the National Innovation Visa?

The National Innovation Visa subclass 858 is a permanent visa pathway designed for exceptionally talented people who can make a strong contribution to Australia.

This can include:

• Entrepreneurs
• Innovative investors
• Global researchers
• Innovators
• High-performing professionals
• Creative talent
• Other people with exceptional and outstanding achievements

The NIV is attractive because it can provide a direct pathway to Australian permanent residency. It does not operate like a points-tested skilled visa, and it is not an employer-sponsored visa.

Instead, the focus is on the applicant’s achievements, recognition, leadership, future potential and ability to contribute to Australia.

Please check our NIV page for more details about the NIV and to complete our free NIV assessment.

What is NIV state nomination?

For the National Innovation Visa, applicants generally need to submit an Expression of Interest (EOI) and be invited by the Department of Home Affairs before they can apply for the visa.

State nomination can be very important because it may strengthen the applicant’s position in the EOI process. If a candidate receives NIV state nomination, they receive Priority 2 under the NIV priorities.

A state nomination shows that a State or Territory government sees value in the applicant’s achievements and potential contribution. For South Australia, this may include applicants who can contribute to the local economy, innovation, investment, research, commercialisation, business growth or other priority areas.

State nomination is not the same as a visa grant. However, it can be a major step forward in the NIV process.

South Australia and the National Innovation Visa

South Australia is seeking talented people who can contribute to the state’s future. This may include established and emerging leaders across different categories, including entrepreneurs and innovative investors.

For entrepreneurs, South Australia may be interested in people who have built or scaled businesses, developed innovative products or services, attracted investment, created jobs, or shown strong commercial potential.

For investors, the focus may be on people who can support innovation, business growth, venture capital, emerging industries or the broader South Australian economy.

Each case is different. A strong application should clearly explain not only what the applicant has achieved, but also why those achievements matter to South Australia.

Queensland and the National Innovation Visa

Queensland is another interesting state to try for state nomination for the National Innovation Visa. If you are an entrepreneur or an innovative investor and invest in Queensland, you might receive a Queensland National Innovation Visa nomination.

• High-value entrepreneurs who commit AUD $1 million to new ventures in Queensland
• Innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

You can check more information about Queensland NIV nomination on the following two pages or by completing our free NIV assessment.

State nomination or straight to EOI for the National Innovation Visa?

A common question we receive is:

“Should I apply for state nomination first, or should I go straight to the Expression of Interest for the National Innovation Visa?”

The honest answer is that state nomination is not for everyone.

For high achievers considering the NIV, the best strategy often depends on the applicant’s profile.

When NIV state nomination may be suitable

State nomination may be more suitable for:

• Entrepreneurs
• Innovative investors
• Applicants with strong ties to a particular State or Territory in Australia
• Applicants whose future plans clearly align with a State or Territory’s priorities

For these applicants, the NIV process may involve three stages:

1. State nomination
2. Expression of Interest
3. National Innovation Visa application

This is why state nomination can be important for some applicants. It may help show that a State or Territory recognises the applicant’s achievements and potential contribution.

Our two recent South Australian state nomination approvals show that this pathway can be possible for the right entrepreneurs and investors with strong evidence and a clear strategy.

When going straight to NIV EOI may be better

For some NIV candidates, state nomination may not be the best pathway.

Professionals and researchers with high achievements in selected sectors may be better placed to go straight to the Expression of Interest stage.

For these applicants, the process may involve two stages:

1. Expression of Interest
2. National Innovation Visa application

This may be more suitable where the applicant’s achievements are strong at a national or international level, but their case is not strongly connected to one particular Australian State or Territory.

Other states such as New South Wales, Victoria and Tasmania are also open for the NIV state nomination.

Choosing the right NIV pathway

The key point is that there is no single pathway that works for everyone.

Entrepreneurs and investors may benefit from considering state nomination, especially where they can show a strong connection or potential contribution to South Australia.

Professionals, researchers and other high-achieving applicants may need a different strategy and may be better placed going straight to EOI.

This is why it is important to assess the applicant’s achievements, industry, future plans, evidence and connection to Australia before deciding on the best NIV strategy.

Complete our free NIV assessment

If you are an entrepreneur, investor, researcher, innovator or high-achieving professional, you can complete our free National Innovation Visa assessment.

Our team can review your profile, achievements and potential pathway.

Complete the free NIV assessment

We are proud to support talented people who can bring innovation, investment, leadership and long-term value to Australia.

About Work Visa Lawyers

Work Visa Lawyers is an Australian immigration law firm based in Adelaide, South Australia. The business was founded in 2011 by Chris Johnston, Principal Immigration Lawyer, and has been assisting clients with Australian migration matters for 15 years.

We are proud to be recognised as one of the leading migration law firms in Australia. Our team assists clients across a wide range of visa matters, including skilled visas, employer-sponsored visas, partner visas, appeals, Global Talent visas and the National Innovation Visa.

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Work Visa Lawyers also creates regular migration content for social media and YouTube to help people better understand Australian visa options. Our YouTube channel has over 93,000 subscribers, more than 300 videos and over 4 million views. Across all our social media platforms, we have more than 200,000 followers.

On our YouTube channel, we also have many testimonial videos from successful Global Talent Visa clients. The Global Talent Visa was the former pathway before the introduction of the National Innovation Visa, and many of those client stories show the type of high-achieving applicants Australia has attracted through talent and innovation-based visa pathways.

Disclaimer: This article provides general information only and does not constitute legal or migration advice. Each case depends on individual circumstances.

Far North Queensland DAMA Explained: A Practical PR Pathway for Skilled Workers and Employers

What is the Far North Queensland DAMA?

The Far North Queensland DAMA, also called the FNQ DAMA, is a regional migration agreement that helps approved employers in Far North Queensland sponsor skilled and semi-skilled overseas workers.

DAMA stands for Designated Area Migration Agreement.

In simple terms, the FNQ DAMA gives eligible employers in the region access to more flexible visa settings than standard skilled visa programs. This can be very helpful where local businesses cannot find enough Australian workers to fill important jobs.

For skilled workers, the FNQ DAMA may create a practical pathway to live and work in Queensland, with a possible pathway to permanent residency.

If you prefer video content, you can also watch the video version of this guide on the Work Visa Lawyers YouTube channel:

However, it is important to understand one key point: you cannot apply for the FNQ DAMA on your own without an employer sponsor. You need an eligible employer in the Far North Queensland region who is willing to sponsor you.

Why is the FNQ DAMA important?

Many people who want permanent residency in Australia face common problems, such as:

• they are over 45 years old
• their English test score is not high enough
• their occupation is not on a standard skilled occupation list
• they work in a semi-skilled role
• they cannot find a visa pathway through the usual 482, 186, 189, 190 or 491 visa options

The FNQ DAMA may help some workers and employers because it can provide concessions, depending on the occupation and the labour agreement.

A concession means that a standard visa rule may be relaxed. This does not mean approval is automatic. The employer and worker must still meet the relevant criteria.

Which areas are covered by the Far North Queensland DAMA?

The FNQ DAMA covers parts of Far North Queensland, including the Cairns region and surrounding areas.

The designated area includes locations such as Cairns, Douglas, Mareeba, Tablelands, Cassowary Coast, Cook, Croydon, Etheridge, Torres, Northern Peninsula Area and the Weipa Town Authority area.

This region is known for tourism, hospitality, agriculture, marine industries, health care, construction and regional services. It is also close to major natural attractions such as the Great Barrier Reef and tropical rainforests.

What visas can be used under the FNQ DAMA?

The FNQ DAMA is not a visa by itself. It is a labour agreement pathway that can support different employer sponsored visas.

The main visa options may include:

Subclass 482 Skills in Demand visa

This is a temporary employer sponsored visa. Under the FNQ DAMA, a 482 visa may give a worker the opportunity to work in Far North Queensland and later move towards permanent residency if the requirements are met.

Subclass 494 Skilled Employer Sponsored Regional visa

This is a provisional regional employer sponsored visa. It may provide a pathway to the subclass 191 Permanent Residence Skilled Regional visa after the required period, if the worker meets the rules.

Subclass 186 Employer Nomination Scheme visa

This is a permanent employer sponsored visa. Under the FNQ DAMA, some workers may be able to access a pathway to the 186 visa after working in the region for the required period.

The right pathway depends on the occupation, employer, worker’s background, visa history and the terms of the employer’s labour agreement.

Key benefits of the FNQ DAMA

1. Age concessions

Many standard skilled visa pathways become difficult once a person turns 45.

The FNQ DAMA may allow age concessions for eligible occupations. In many cases, workers in Skill Level 1 to 4 occupations may have access to an age concession up to 55. Some Skill Level 5 occupations may have an age concession up to 50.

This can be very important for experienced workers who have strong skills but are no longer eligible for standard skilled migration pathways because of age.

2. English language concessions

English tests such as IELTS and PTE can be challenging, especially for non-native English speakers.

The FNQ DAMA may provide English language concessions for some occupations. This can make the pathway more accessible where a worker has the practical skills needed for the job but does not meet the usual English score required under standard visa settings.

However, English requirements still apply. Some jobs may also require higher English because of licensing, registration, safety or workplace communication needs.

3. Salary concessions

Employer sponsored visas usually require the salary to meet the relevant income threshold and market salary rules.

Under the FNQ DAMA, some eligible occupations may have access to salary concessions. In some cases, the required salary may be set at 90% of the standard income threshold, provided the employer can show the salary is consistent with local market rates and the worker is not being underpaid.

This can help regional employers where standard salary thresholds do not reflect the local labour market.

4. Work experience concessions

The FNQ DAMA may also provide concessions to work experience requirements for some occupations.

This can assist workers who have the skills needed for the role but may not meet the full work experience requirement under a standard skilled visa pathway.

5. Broader occupation options

One of the strongest features of the FNQ DAMA is the broader occupation list.

Standard skilled visa lists can be restrictive. Some important regional jobs are not available on the usual skilled occupation lists, even though local employers urgently need workers.

The FNQ DAMA includes a broad range of skilled and semi-skilled occupations. Examples may include roles in hospitality, tourism, trades, health care, agriculture, marine industries and regional services.

Possible occupations may include chefs, cooks, child care workers, aged or disabled carers, diesel motor mechanics, motor vehicle parts interpreters, night auditors, diving instructors, outdoor adventure guides and other roles that may not always have a simple pathway under standard skilled migration.

The occupation list can change, so employers and workers should always check the current FNQ DAMA occupation and concessions list before making decisions.

Do you need a skills assessment for the FNQ DAMA?

A skills assessment is an important part of many FNQ DAMA applications.

Not every occupation has the same skills assessment requirement. The requirement depends on the occupation, the relevant occupation group, the visa pathway and the skills assessing authority listed for that occupation.

For many FNQ DAMA occupations, the relevant skills assessing authority is VETASSESS. VETASSESS assesses a broad range of skilled and semi-skilled occupations under DAMA arrangements, including many occupations used in regional Australia.

This is a very important point for workers and employers. In many FNQ DAMA cases, the worker may be able to start preparing or applying for the relevant VETASSESS skills assessment once they have a form of employer offer or sponsorship. This may help avoid delays later in the employer sponsorship and visa process.

This can be different from some other DAMA arrangements. For example, in South Australia, some DAR skills assessments are employer-led and can only be requested after the employer has an executed DAMA Labour Agreement. This is why it is important not to assume that all DAMAs follow the same process.

A skills assessment may look at your qualifications, employment history, duties, skill level and whether your experience is relevant to the nominated occupation. For some occupations, work experience and supporting documents will be very important.

Workers should prepare early, including:

• updated CV
• qualifications and transcripts
• employment references
• payslips or tax documents
• evidence of duties performed
• registration or licensing documents, if relevant
• identity documents

A positive skills assessment can be very helpful, but it does not guarantee a visa grant. The employer must still meet the DAMA endorsement, labour agreement and nomination requirements, and the worker must still meet the visa criteria.

Before starting, always check the current FNQ DAMA Occupation and Concessions List to confirm whether a skills assessment is required and which skills assessing authority applies to your occupation.

How does the FNQ DAMA process work?

The FNQ DAMA process is mainly employer-led. This means the employer must take the first steps.

Step 1: Employer endorsement

The employer must first seek endorsement from the Designated Area Representative for the FNQ DAMA.

The employer generally needs to show that:

• the business is operating in the designated region
• the position is genuine and full-time
• the business has a genuine need for the worker
• the business cannot fill the position with an Australian citizen or permanent resident
• the employment conditions will be fair and equivalent to Australian workers in the same role

Step 2: Labour agreement request

After endorsement, the employer can request a DAMA labour agreement through the Department of Home Affairs.

This agreement sets out the approved occupations, number of positions and any concessions that may apply.

Step 3: Nomination of the worker

Once the labour agreement is in place, the employer can nominate the overseas worker for an approved position.

The worker may be in Australia or overseas, depending on their situation and visa eligibility.

Step 4: Visa application

After nomination, the worker applies for the relevant visa.

The worker must still meet visa requirements, which may include skills, qualifications, English, health, character and any occupation-specific requirements.

For some FNQ DAMA occupations, the worker may need a positive skills assessment before the visa can be granted. Because many FNQ DAMA skills assessments are completed through VETASSESS, workers and employers should check this requirement early to avoid delays.

Can the FNQ DAMA lead to permanent residency?

Yes, the FNQ DAMA may provide a pathway to permanent residency, but it is not automatic.

Depending on the visa pathway, a worker may be able to move towards permanent residency through:

• the subclass 186 Employer Nomination Scheme visa after the required period of work in Far North Queensland; or
• the subclass 494 visa pathway to the subclass 191 Permanent Residence Skilled Regional visa after meeting the relevant requirements.

For some workers, this may mean a clearer pathway to permanent residency than a standard skilled visa pathway.

However, every case is different. Your occupation, age, English level, work experience, employer, visa history and family situation can all affect your options.

Who may benefit from the FNQ DAMA?

The FNQ DAMA may be useful for:

• employers in Far North Queensland who cannot find suitable local workers
• skilled workers who have a job offer in the region
• workers over 45 who may need an age concession
• workers in semi-skilled occupations
• workers with occupations not available on standard visa lists
• regional businesses in tourism, hospitality, agriculture, trades, health, childcare and related industries
• employers looking for a structured pathway to retain overseas workers long-term

Important warning! you need an employer sponsor

The FNQ DAMA is not a visa you can apply for independently.

A worker must have an eligible employer in the Far North Queensland region who is willing to sponsor them.

If you are a worker, the first practical step is usually to find an employer in the region who needs your occupation and is open to sponsorship.

If you are an employer, the first step is to check whether your business, location, occupation and position may be eligible under the FNQ DAMA.

Frequently asked questions about the Far North Queensland DAMA

Is the FNQ DAMA the same as a visa?

No. The FNQ DAMA is not a visa. It is a labour agreement framework that can support employer sponsored visa options such as the 482, 494 and 186 visas.

Can I apply for the FNQ DAMA without an employer?

No. You need an eligible employer in the Far North Queensland designated area who is willing to sponsor you.

Does the FNQ DAMA have an age limit?

The FNQ DAMA may offer age concessions for some occupations. Some workers may be eligible up to age 50 or 55, depending on the skill level and visa pathway.

Does the FNQ DAMA have lower English requirements?

Some occupations may have English language concessions. However, this depends on the occupation and the labour agreement. Some roles may still require higher English due to registration, licensing or safety requirements.

Can the FNQ DAMA lead to PR?

Yes, the FNQ DAMA may provide a pathway to permanent residency through the 186 visa or the 494 to 191 pathway, depending on the worker’s situation and employer sponsorship.

What jobs are available under the FNQ DAMA?

The FNQ DAMA includes a broad range of occupations, including skilled and semi-skilled roles. These may include jobs in hospitality, tourism, agriculture, trades, childcare, health, marine industries and regional services.

How Work Visa Lawyers can help

The FNQ DAMA can be a valuable pathway, but it is also detailed and highly specific. Employers must follow the correct process, and workers must meet the visa requirements.

Work Visa Lawyers can assist with:

• checking whether an occupation may fit the FNQ DAMA
• advising employers on DAMA sponsorship steps
• reviewing worker eligibility
• preparing employer sponsored visa strategies
• assisting with 482, 494 and 189 visa options
• helping employers and workers understand possible PR pathways

If you are an employer in Far North Queensland or a skilled worker with a possible sponsor, contact Work Visa Lawyers to discuss your options.

Talk to an Immigration Lawyer

Disclaimer: This article provides general information only and is not legal advice. Australian migration law changes regularly. You should seek professional advice before making decisions about your visa or sponsorship strategy.

Understanding the DAMA Visa Pathway in Australia: A Practical Guide for Employers and Skilled Workers

For many regional Australian employers, finding suitable workers can be difficult.

Some businesses advertise locally, train staff, and still cannot fill important roles. This is where a Designated Area Migration Agreement, commonly called a DAMA, may help.

A DAMA is not one single visa. It is a labour agreement pathway that allows eligible employers in certain designated areas to sponsor skilled and semi-skilled overseas workers where standard visa options may not meet local workforce needs.

For skilled workers, DAMA can be attractive because some DAMA arrangements may provide:

• a pathway to permanent residency
• access to more occupations than standard skilled visa programs
• possible concessions for English, work experience, salary or age
• age concessions up to 55 years old for some occupations and visa pathways

This can make DAMA especially important for workers who may be over 45, or who work in occupations that are not always available under the standard skilled migration program.

Some examples of occupations that may be available under certain DAMA lists include truck drivers, aged or disabled carers, chefs, cooks, bakers, child care workers, enrolled nurses, motor mechanics, diesel motor mechanics and carpenters.

However, occupation availability depends on the specific DAMA region. It must always be checked before applying.

What is a DAMA?

DAMA stands for Designated Area Migration Agreement.

The Department of Home Affairs describes a DAMA as a formal agreement between the Australian Government and a state, territory or regional authority.

In simple terms, DAMA may help a regional employer sponsor an overseas worker when the standard skilled visa pathways do not fit the business need.

DAMA is designed to respond to local labour shortages. It can give approved employers access to more occupations and, in some cases, negotiated concessions that are not available under standard skilled visa programs.

How does the DAMA pathway work?

A DAMA has two levels.

First, there is a head agreement between the Australian Government and a Designated Area Representative, also called a DAR.

Second, an employer in that region may apply for access to the DAMA. The employer usually needs endorsement from the DAR before lodging a labour agreement request with the Department of Home Affairs.

This means DAMA is employer-led.

A skilled worker cannot apply for DAMA by themselves. The worker needs an eligible employer sponsor in a DAMA region.

Can a skilled worker apply for DAMA directly?

No.

This is one of the most common misunderstandings about DAMA.

A worker cannot simply apply for a “DAMA visa” on their own. The employer must be eligible, the business must usually be located in a DAMA region, and the occupation must be available under the relevant DAMA.

For workers, the better question is not:

Can I apply for DAMA?

The better question is:

Do I have an eligible employer sponsor in a DAMA region, and is my occupation available under that DAMA?

Which visas can be used under a DAMA?

Depending on the relevant DAMA and the employer’s labour agreement, the pathway may involve one or more employer sponsored visa programs.

These may include:

Skills in Demand visa subclass 482

The subclass 482 visa is a temporary employer sponsored visa. It may allow an approved employer to sponsor a worker for an eligible occupation.

Skilled Employer Sponsored Regional subclass 494 visa

The subclass 494 visa is a regional employer sponsored visa. It may provide a pathway to permanent residency through the subclass 191 visa if the worker meets the relevant requirements later.

Employer Nomination Scheme subclass 186 visa

The subclass 186 visa is a permanent employer sponsored visa. Some DAMA labour agreements may allow eligible workers to transition to permanent residency through subclass 186.

The visa pathway depends on the specific DAMA, occupation, employer approval and worker eligibility.

Is DAMA a pathway to permanent residency?

DAMA can be a pathway to permanent residency in some cases, but it is not automatic.

Some DAMA arrangements may allow eligible workers to move towards permanent residency through the subclass 186 visa or the subclass 494 to subclass 191 pathway.

A major advantage of some DAMA pathways is the age concession. In some cases, workers may be able to access permanent residency pathways up to 55 years old.

This can be important because many standard skilled visa pathways have stricter age limits.

However, the age concession depends on the DAMA, occupation, visa subclass and worker eligibility. It should not be assumed for every worker or every occupation.

What concessions may be available under DAMA?

Some DAMAs may include concessions for:

• age
• English language
• salary thresholds
• work experience
• skills requirements
• occupations not available under standard visa programs

These concessions are not automatic.

They depend on the specific DAMA, nominated occupation, employer, worker and visa pathway.

This is why employers and workers should not assume that one DAMA is the same as another. Each DAMA can have different occupations, locations, requirements and concessions.

Examples of DAMA occupations

DAMA occupation lists vary by region.

Some examples of occupations that may appear in DAMA lists include:

• Truck Driver
• Aged or Disabled Carer
• Chef
• Cook
• Baker
• Child Care Worker
• Enrolled Nurse
• Motor Mechanic
• Diesel Motor Mechanic
• Carpenter
• Hospitality Worker
• Agricultural or Horticultural Mobile Plant Operator
• Forklift Driver
• Hotel or Motel Manager

These examples are not a complete list. They also do not mean the occupation is available in every DAMA region.

Employers and workers must check the specific DAMA occupation list for the relevant location.

Where are DAMAs available in Australia?

The Department of Home Affairs currently lists 13 DAMAs in Australia.

Each DAMA is managed by a Designated Area Representative, also known as a DAR. The DAR website usually explains which regions are covered, which occupations may be available, and how employers can access that DAMA.

The 13 DAMAs currently listed by the Department of Home Affairs are:

• Adelaide City Technology and Innovation Advancement, South Australia
• South Australia Regional, South Australia
• East Kimberley, Western Australia
• Far North Queensland, Queensland
• Goulburn Valley, Victoria
• Great South Coast, Victoria
• Northern Territory
• Orana, New South Wales
• Pilbara, Western Australia
• South West, Western Australia
• The Goldfields, Western Australia
• Townsville, Queensland
• Western Australia DAMA

Employers should check whether their business is located in a covered DAMA region and whether the occupation they need is included in that specific DAMA.

Skilled workers should also check whether their occupation is available under the relevant DAMA and whether the employer is eligible to sponsor under that agreement.

Important: DAMA regions, occupation lists, concessions and requirements can change. Always check the latest Department of Home Affairs information and the relevant DAR website before making decisions.

DAMA pathway for employers

For employers, the DAMA process usually involves:

1. checking whether the business is in a DAMA region
2. checking whether the occupation is available
3. preparing evidence of genuine labour shortage
4. applying for endorsement from the Designated Area Representative
5. lodging the labour agreement request with the Department of Home Affairs
6. nominating the worker
7. supporting the worker’s visa application

Employers must still show that Australians are considered first.

DAMA is not a shortcut to avoid local recruitment. It is intended to support genuine labour shortages where employers cannot find suitable Australian citizens or permanent residents for the role.

DAMA pathway for skilled workers

For skilled workers, DAMA is employer-sponsored.

Before relying on DAMA, workers should ask:

• Is my occupation on the relevant DAMA list?
• Do I have an eligible employer sponsor?
• Is the employer in a DAMA region?
• Do I meet the skills, experience and English requirements?
• Is there a permanent residency pathway for my occupation?
• Is an age concession available for my occupation and visa pathway?

A worker should not assume that an occupation available in one DAMA is available in all DAMAs.

Common DAMA mistakes

Some common mistakes include:

• thinking DAMA is one visa
• assuming workers can apply directly
• assuming every DAMA has the same occupation list
• assuming concessions are automatic
• assuming every DAMA pathway leads to permanent residency
• failing to check employer eligibility before planning the visa pathway

DAMA can be useful, but it needs careful checking because each region has different requirements.

Final thoughts

DAMA can be a valuable pathway for regional employers and skilled workers.

For employers, it may help fill genuine workforce shortages where standard visa options are limited.

For skilled workers, it may provide access to employer sponsorship, regional work opportunities and, in some cases, a pathway to permanent residency with age concessions up to 55.

However, DAMA is not automatic. The employer, region, occupation, visa subclass and worker eligibility all matter.

Need help with a DAMA or employer sponsored visa?

DAMA applications can be complex because the requirements depend on the region, occupation, employer, worker’s background and the specific labour agreement.

If you are an employer looking to sponsor workers under a DAMA, or a skilled worker trying to understand your visa options, Work Visa Lawyers can help you assess your situation and plan the next steps.

Book an appointment with one of our immigration lawyers or registered migration agents to discuss your DAMA or employer sponsored visa pathway.

This article provides general information only. Migration law can change, and every case is different. You should seek advice from a registered migration agent or immigration lawyer about your specific situation.

190 and 491 State Nomination Updates 2026: Which Australian States Are Open, Closed or Running Out of Places?

Some Australian states and territories are now closed, closing soon, running out of places, or becoming very competitive for 190 and 491 state nomination. Tasmania has now announced that Registrations of Interest, or ROIs, for all pathways and passes will close at 5 pm on Wednesday, 3 June 2026. The last Tasmania invitation round for the 2025–26 program year will take place on Thursday, 4 June 2026.

The 2025–26 financial year ends on 30 June 2026. However, some states may run out of nomination places before that date.

For the 2025–26 program year, the Department of Home Affairs confirmed 20,350 state and territory nomination places. This includes 12,850 places for the subclass 190 visa and 7,500 places for the subclass 491 visa.

If you are waiting for a 190 or 491 invitation, you should check your options now.

What are the 190 and 491 visas?

The Subclass 190 Skilled Nominated visa is a permanent visa. You need to be nominated by an Australian state or territory.

The Subclass 491 Skilled Work Regional visa is a temporary regional visa. It can lead to permanent residency later if you meet the requirements.

Both visas are points-tested. This means your age, English level, work experience, education and other factors can affect your points.

You usually need to submit an Expression of Interest, also called an EOI, through SkillSelect before you can be invited.

Why are 190 and 491 nominations so competitive?

State nomination is competitive because each state and territory only receives a limited number of places.

A state may have many skilled applicants, but only a small number of nomination places left.

This means you may meet the basic visa requirements but still not receive an invitation.

State-by-State 190 and 491 Updates

New South Wales 190 and 491 update

New South Wales remains very competitive.

For the 491 visa, NSW has different pathways. NSW says nomination is highly competitive and applicants should not rely only on NSW nomination.

For many applicants, the most important pathway is NSW 491 Pathway 2, which is invitation-only. To be considered, your occupation must be on the NSW Regional Skills List.

NSW is still an option for some 491 applicants, but it is very competitive. Your occupation, EOI and points must be strong.

Victoria 190 and 491 update

Victoria is now closed to new Registrations of Interest, also called ROIs, for the 2025–26 skilled visa nomination program.

Victoria confirmed that new ROIs closed at 4 pm AEST on 28 April 2026. The state will continue to consider ROIs already submitted for the remaining places.

If you withdraw your ROI, you cannot submit a new one until the 2026–27 program opens.

Victoria is closed to new ROIs for this program year. If you did not submit before the closure, you may need to wait or consider another visa pathway.

South Australia 190 and 491 update

South Australia is still issuing invitations, but competition remains strong.

In May 2026, South Australia issued 509 invitations. This included 295 invitations for the 190 visa and 214 invitations for the 491 visa.

South Australia has also issued 2,615 invitations so far in the 2025–26 program year.

South Australia is still active, but not all occupations have the same chance. Some occupations may receive more 491 invitations than 190 invitations.

Tasmania 190 and 491 update

Tasmania has announced an important update for the 2025–26 skilled migration program.

Registrations of Interest, also called ROIs, for all pathways and passes of the Tasmanian Skilled Migration State Nomination Program will close at 5 pm on Wednesday, 3 June 2026. Migration Tasmania says this is because of strong demand for nomination.

The last invitation round for the 2025–26 program year will take place on Thursday, 4 June 2026.

Migration Tasmania will continue to assess nomination applications. New applications can still be lodged if an applicant has already been invited to apply. However, because there are only a few nomination places remaining, not all applicants will be nominated this program year.

The latest public Migration Tasmania processing update, dated 21 May 2026, shows that Tasmania invited 30 subclass 190 ROIs and 27 subclass 491 ROIs in the latest round. It also reported 88 subclass 190 places and 213 subclass 491 places remaining at that time.

If Tasmania uses all its nomination places, approved applications may be nominated after Tasmania receives its 2026–27 nomination allocation. ROIs that are not invited before the end of the program year will stay in the Application Gateway for six months and may be considered when the 2026–27 program opens.

Tasmania is still active, but it is closing soon. If you want to submit a Tasmania ROI for the 2025–26 program year, the deadline is 5 pm on 3 June 2026. The last invitation round is expected on 4 June 2026.

ACT 190 and 491 update

The ACT continues to use the Canberra Matrix system.

The latest ACT update shows 312 nomination places remaining for 2025–26. This includes 185 places for the 190 visa and 127 places for the 491 visa.

The ACT also uses different categories, including Canberra residents, overseas applicants, critical skills and doctorate pathways.

The ACT still has some places left, but applicants need a strong Canberra Matrix score and must meet the ACT criteria.

Western Australia 190 and 491 update

Western Australia’s State Nominated Migration Program is active.

WA nomination can give eligible applicants extra points under the Home Affairs points test. WA says state nomination is available for the subclass 190 and subclass 491 visas.

WA also reminds applicants to keep their EOI up to date, including their location, occupation, qualifications and work experience.

Western Australia is still an important option for some skilled applicants, especially if their occupation matches WA priorities.

Northern Territory 190 and 491 update

The Northern Territory is closed to new General Skilled Migration nomination applications for the 2025–26 program year.

The NT Government says it has received enough applications to fully use its nomination allocation. Applications lodged before the closure will continue to be assessed.

The Northern Territory is closed to new GSM nomination applications for this program year. Applicants may need to wait for the next allocation or consider another pathway.

Queensland 190 and 491 update

Queensland opened its 2025–26 State Nominated Migration Program with 2,600 places.

This includes 1,850 places for the 190 visa and 750 places for the 491 visa.

Queensland has different pathways for skilled workers, graduates, offshore applicants and some regional business owners.

Queensland has nomination places available for 2025–26, but applicants still need to meet Queensland’s specific pathway rules.

What should you do if you are waiting for a 190 or 491 invitation?

If you are waiting for a 190 or 491 invitation, do not rely on only one state.

You should check:

• whether your occupation is still eligible
• whether your EOI is correct and updated
• whether your skills assessment is still valid
• whether your English test is still valid
• whether your claimed points can be proved
• whether your current visa is expiring soon
• whether you are close to turning 45
• whether another visa may be safer

If your visa is expiring soon, or if you are close to turning 45, waiting for state nomination can be risky.

You may need to consider other visa options, such as employer sponsored visas or partner visas.

Can Work Visa Lawyers help?

Yes. Work Visa Lawyers can help you understand your visa options and prepare a clear migration strategy.

We can assist with:

• 190 visa advice
• 491 visa advice
• Expression of Interest, or EOI, strategy
• state nomination applications
• skills assessment advice
• employer sponsored visas
• partner visas
• urgent visa strategy if your visa is expiring soon

State nomination can be very competitive. Small mistakes in your EOI or documents can affect your chances.

If you need help with your Australian visa options, contact Work Visa Lawyers.

Talk to an Immigration Lawyer

FAQ: 190 and 491 State Nomination Updates 2026

Which states are closed for 190 and 491 nominations?

Victoria is closed to new ROIs for the 2025–26 skilled visa nomination program. The Northern Territory is also closed to new General Skilled Migration nomination applications for the 2025–26 program year.

Is South Australia still inviting 190 and 491 applicants?

Yes. South Australia issued 509 invitations in May 2026, including 295 invitations for the 190 visa and 214 invitations for the 491 visa.

Is Tasmania still inviting 190 and 491 applicants?

Yes, but Tasmania is closing soon for the 2025–26 program year. ROIs for all pathways and passes will close at 5 pm on Wednesday, 3 June 2026. The last invitation round will take place on Thursday, 4 June 2026.

How many 190 and 491 nomination places are available in 2025–26?

The Department of Home Affairs confirmed 20,350 state and territory nomination places for 2025–26. This includes 12,850 places for the 190 visa and 7,500 places for the 491 visa.

Should I wait for the 2026–27 state nomination program?

This depends on your situation. If your visa is expiring soon, or if you are close to turning 45, waiting may be risky. You should consider getting migration advice before deciding to wait.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

Is There Uncontrolled Mass Migration in Australia?

Australia’s migration system is often described as “out of control”, but does that reflect reality?

In this article, we unpack how the migration system actually works, the current discussions around skilled migration, and what the potential impacts could be if major changes are introduced.

Is Australia’s Migration System Controlled?

Australia’s migration program is a structured and planned system, with set annual allocations determined by the Government. The current immigration system is highly controlled, with exact quotas announced and published each year on the Department of Home Affairs website.

For the 2025–2026 financial year, the permanent migration program is set at 185,000 places, a figure that is broadly consistent throughout each financial year in the past decade. The Government selects migrants based on skills and occupation shortages, experience, English proficiency, and their overall ability to contribute to the economy.

Below you can see a detailed breakdown of the 2025-2026 Migration Planning Level and the number of allocations for each category: 

Source: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

What can be seen from reviewing the migration planning levels is that Australia’s Migration Program has remained relatively stable over the past 10 years. The current annual planning level for 2025–2026 is 185,000 places, which is very similar to the 190,000 places set in 2015–2016.

In 2017–2018 and 2018–2019, the migration planning levels were also set at 190,000 places. However, the final number of permanent residency visas granted was lower, with 162,417 places granted in 2017–2018 and 160,323 places granted in 2018–2019.

The biggest reduction occurred during the COVID-19 period. In 2021–2022, the planning level was reduced to 160,000 places, and only 143,556 permanent residency places were granted, as shown in the table below:

Source: https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/live/migration-program

It becomes even more detailed than this because, within the skilled migration quota, there are separate allocation levels for each state, and the total number also includes permanent visas in the family stream, including partner visas. Overall, the planning levels show a migration system that has remained fairly consistent over the past decade.

It is very important for the states to have influence and specific allocation levels because the needs of each state are different, depending on their economy and industry demands.

The Federal Government usually relies on data, particularly from Jobs and Skills Australia, to identify where workers are needed and which occupations should be prioritised. Meanwhile, the state governments use their own data to identify the occupations needed in their areas.

For example, Queensland might need a large number of chefs because of its large tourism industry while Western Australia might need more workers in mining-related roles to meet the demands of its resources sector.

Other states may have varying needs for different occupations, depending on their local industries and workforce shortages.

Source: https://immi.homeaffairs.gov.au/what-we-do/state-and-territory-nomination-allocations

Another important part of the program is employer-sponsored migration. Under this pathway, an employer can sponsor someone for an occupation on a skilled list. They must advertise the role and demonstrate the genuine need for the position within their business.

This can be a more efficient pathway because every migrant who comes through this process is going into a paid job that is paid above a minimum amount, which is currently the Core Skills Income Threshold of $76,515. This is expected to increase from 1 July 2026.

Is There Really “Mass Immigration” in Australia?

Based on the planning levels from the last decade, the narrative that the migration program is unplanned and unmanaged doesn’t reflect reality. The program has many requirements, and it is often very difficult to obtain a visa to study or work in Australia.

The Federal Government and the states carefully select applicants by occupation and points to address known industry skills shortages. At a federal level, the government uses Jobs and Skills Australia while the state government departments use their own data to make decisions on who is granted a visa.

In the 2025–2026 financial year, there are 185,000 permanent residency places. When you look at the data from the planning levels in the last 10 years (see table above), this number is not very different from previous years.

For example, in 2015–2016, the Australian Government granted 189,770 permanent visas. The year with the lowest number of permanent visas granted was in 2021–22, when 143,556 permanent visas were granted out of 160,000 places. This was during COVID-19 when migration to Australia was limited due to border closures and overall effects of the pandemic.

During the pandemic, Australia experienced major skills shortages across many sectors, from hospitals to restaurants. If migration levels were reduced to a level lower than during COVID, as proposed by One Nation, Australia could face even greater skills shortages than it did at that time.

Skill shortages can then impact the economy and simple things like the price you pay for your food. For example, people in cities want avocado on toast, but they don’t want to pick the avocados. If there are no temporary workers, such as working holiday makers or regional workers, how much will that avocado on toast cost — or will it get picked at all?

Another important point is that New Zealand citizens or permanent residents are not counted in the 185,000-visa cap. In the five years prior to the pandemic, the average number of New Zealand migrants arriving in Australia each year was around 32,000, and in 2024–25 this number has increased to around 53,000. This represents a significant increase and is not included in the migration planning level.

Humanitarian visas are also not counted in the 185,000 migration planning level for 2025–2026, and this represents about 20,000 permanent residency places.

We have created the following table to show the planned number of visas and migration places for 2025–2026, including Skilled, Family visas, Humanitarian visas and New Zealand citizens or permanent residents migrating to Australia, not only the 185,000 places from the Migration Planning Levels.

For New Zealand citizens and permanent residents, the figure used is from 2024–2025, as the 2025–2026 data is not yet available. We expect a similar number in 2025–2026.

As shown in the table, more than half of the permanent residency visas planned to be granted in the 2025–2026 financial year are Skilled visas. This is followed by Family visas, which represent 20.4%, and Humanitarian visas, which represent only 7.8% of the total.

However, one important point that is often not discussed is the number of New Zealand citizens or permanent residents migrating to Australia and the impact this can have on the country. This is not included in the Migration Program planning levels, but it still represents a significant number, equivalent to around 20.6% of the total figures shown above.

As an immigration lawyer who has worked in the migration industry for over 20 years, my view is that Australia’s migration system is not uncontrolled. There is always room for improvement, particularly in refining the points test and strengthening regional migration pathways. However, significant cuts to migration levels could create serious challenges across multiple sectors of the Australian economy.

The key is finding the right balance to ensure the system continues to support economic growth, address skill shortages, and deliver long-term benefits for Australia.

It is also important to note that Net Overseas Migration, or NOM, is a separate issue and will be discussed in a separate article, as it involves different data and a broader discussion than the permanent migration program.

What Happens If Migration Is Drastically Cut?

There have been proposals by One Nation to reduce migration levels to 130,000 places, which is significantly lower than current planning levels and even lower than the reduced levels during COVID-19.

To put this into context, during COVID (2020–2021), when migration dropped to around 143,000, Australia experienced widespread skills shortages across multiple industries, from healthcare to hospitality and agriculture.

Source: https://www.smh.com.au/politics/federal/restaurant-industry-facing-critical-shortage-of-chefs-managers-and-sommeliers-20210513-p57rn1.html

Source: https://www.bbc.com/news/business-59093560

If migration were reduced further, those shortages could return at an even greater scale. Australia could struggle to complete major infrastructure projects, meet healthcare demand, and support key industries that rely on overseas workers.

Even everyday services and costs would be affected. People often overlook how migration supports the daily life of each Australian and the positive contribution from migrant workers, from the workers who harvest food to those preparing meals in cafés and restaurants.

The drastic cuts now being called for by One Nation would take migration levels closer to the slump seen during COVID. That period led to major skill shortages and serious problems across the economy.

We also seem to have forgotten very quickly just how severe the skill shortages were during COVID.

At that time, there were a range of harsh immigration policies. The Government of the day told international students to go home, and many did.

With the borders closed, and with no new skilled migrants, working holiday makers or international students arriving, Australia experienced an extreme shortage of workers across almost every industry.

In an unprecedented move, the Australian Government created the COVID-19 Pandemic event visa, which allowed many people to stay and work in different industries during a period of clear national labour shortage and urgency.

If migration cuts were made to the level of 130,000, as proposed, Australia could return to the kind of ongoing labour shortages and pressure that existed during COVID and in the period immediately after it, which many people already seem to have forgotten.

Another major problem that very few people talk about is that, even if there were enough homes for everyone to buy, many people still would not be able to purchase one. The problem is not only housing supply, many people do not have the money for a deposit, or they would not qualify for a home loan because the bank would not approve the finance. I will talk more about migration and house crises later in this article.

Migration and the Economic Effects

Migration is closely tied to Australia’s economy and workforce.

Sectors like education and tourism are among the largest employers in the country, and both rely heavily on migration. Reducing migration in these areas could have flow-on effects, including job losses for Australians.

By comparison, industries often highlighted in economic discussions, such as mining, employ a much smaller proportion of the workforce.

According to Job and Skills Australia:

• Education and Training is the 5th largest employing sector in Australia, with 8.9% of the workforce
• Accommodation and Food Services is the 6th largest, with 6.7% of the workforce

By comparison:

• Mining is the 14th largest sector, employing only 2.0% of the workforce

So, cutting migration could potentially slow down the Australian economy and affect many sectors.

Migration and Housing: What Is the Real Impact?

Migration is often blamed for the housing pressure in Australia, but the reality is far more complex.

Reducing migration may have some effect at the margins, but it is unlikely to solve the housing problem on its own. Housing shortages are also driven by other major issues, including slow and expensive council processes, planning restrictions, limited subdivision opportunities, and barriers to building more homes on available land.

Another important issue is access to finance. This can be an uncomfortable point to raise, but not everyone has the same ability to borrow money or secure finance to build or buy a home. Many Australian citizens and permanent residents simply cannot get a loan.

I will be writing another article soon looking more closely at the relationship between housing shortages and immigration.

Final Thoughts

Often, when there is a difficult conversation to be had, it is easier to avoid it. That is why many people working in the immigration industry may not want to engage with the term “mass migration”.

But when a term becomes very common and is used repeatedly, it is worth asking how accurate it really is.

Is there really something new happening that should be called “mass migration”?

The view I am putting forward is that there has not been a dramatic shift of the kind this term suggests. Migration numbers have gone up and down over time, but before COVID they were at levels similar to those we are seeing now. Over the last 10 years, migration numbers have generally been between 160,000 and 190,000.

There was an outlier during COVID, when migration numbers dropped to 143,000. The result of that one major drop was severe skills shortages across many sectors.

A prolonged migration policy of around 130,000 places, as proposed by One Nation, would lead to drastic skills shortages in Australia. This would translate into a lack of healthcare and other basic services for Australians.

Another important point is that it has not been proven that migration numbers are the primary cause of the housing shortage, as One Nation has implied.

It is possible that keeping migration numbers at around 130,000 over time could have a double negative economic effect for Australia: an economic downturn, a lack of services in healthcare and other areas, and still ongoing housing shortages.

The housing shortage needs to be addressed by building more houses.

Author: Chris Johnston – Immigration Lawyer

Sources:

2025–2026 Migration Program planning levels – Department of Home Affairs: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Migration Program data since 2015–2016 – Department of Home Affairs: https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/live/migration-program

ABC News – Australia’s skills shortages: https://www.abc.net.au/news/2022-10-06/national-skills-commission-report-occupation-shortages-soar/101505668

Sydney Morning Herald – Hospitality skills shortages: https://www.smh.com.au/politics/federal/restaurant-industry-facing-critical-shortage-of-chefs-managers-and-sommeliers-20210513-p57rn1.html

BBC News – Australia jobs and staffing shortages: https://www.bbc.com/news/business-59093560

ATO – Types of property a foreign person can buy in Australia: https://www.ato.gov.au/individuals-and-families/investments-and-assets/foreign-resident-investments/foreign-investment-in-australia/types-of-property-a-foreign-person-can-buy

The Guardian – New Zealanders moving to Australia: https://www.theguardian.com/world/2025/nov/03/new-zealand-economy-record-numbers-leave-why-people-choosing-australia#:~:text=Of%20those%2C%2058%25%20moved%20to%20Australia.%20Some,experience**%20*%20**Remote%20geography**%20*%20**Small%20scale**

ABS – Overseas Migration, 2024–2025: https://www.abs.gov.au/statistics/people/population/overseas-migration/latest-release