1 July 2020 is the start of a new financial year. This is also the date when the Australian Department of Home Affairs as well as state Government introduce new immigration laws and regulations. We have summarised the changes to come for the Northern Territory in regards to the state nomination criteria.
General information:
- if you or any of your migrating dependants are currently living interstate, you will not be eligible for the Northern Territory (NT) nomination
- if you or any of your migrating dependants are currently on a student visa and are currently studying in an NT institution, you will not be eligible for NT nomination
- if you have already been nominated for a subclass 489 or 491 visa by the NT, you will not be eligible for a subclass 190 nomination.
International student graduates who have studied in the NT will be eligible for a subclass 190 nomination if you have:
- successfully completed one or more qualifications after studying in the NT, at an NT-based institution for two years in a single tertiary course or a set of nested tertiary courses, and
- lived in the NT for a period of at least six continuous months immediately after the date of completion* of your last qualification, while holding a visa that allows full-time work (this requirement does not apply to students who completed all course requirements in semester one 2020 and produce a letter of completion dated prior to 1 August 2020), and
- demonstrated genuine and sustained efforts to obtain employment** from an NT employer in your nominated occupation or a closely related skilled occupation.
International student graduates who are unable to live in the NT for six months after completing two years of study in the NT will only be considered for a subclass 491 nomination. You must provide evidence of making genuine efforts to obtain employment from an NT employer in their nominated occupation or a closely related skilled occupation.
NT Residents
An NT resident applicant includes those on temporary visas with work rights, currently residing in the NT. NT resident applicants will be eligible for a subclass 190 nomination if you:
- demonstrate that you have been residing in the NT for at least two consecutive years immediately prior to application
- demonstrate that none of your migrating dependants are residing in another part of Australia, and
- demonstrate full-time employment in the NT in an eligible occupation continuously for at least two years immediately prior to applying for NT nomination and demonstrate the employment is available for at least a further 12 months.
NT resident applicants will be considered for a subclass 491 nomination if you meet the following requirements:
- applicants who started living in the NT prior to 1 July 2020, must:
- demonstrate that you have been residing in the NT for at least six consecutive months immediately prior to application
- demonstrate that none of your migrating dependants are residing in another part of Australia, and
- demonstrate full-time employment in the NT in an eligible occupation for at least six consecutive months immediately prior to applying for NT nomination and demonstrate the employment is available for at least a further 12 months.
- applicants who start living in the NT on or after 1 July 2020, must:
- demonstrate that you have been residing in the NT for at least 12 consecutive months
- demonstrate that none of your migrating dependants are residing in another part of Australia, and
- demonstrate full-time employment in the NT in an eligible occupation for at least six consecutive months immediately prior to applying for NT nomination and demonstrate that the employment is available for at least a further 12 months.
The employment must also meet the following additional requirements:
- the position must be based in the NT, and the employer must have a record of trading in the NT for at least 12 months
- positions that are based at serviced office spaces or involve hot-desking arrangements will generally not be considered favourably
- you must be paid at market salary.
Applicants who have not been employed in an eligible occupation will generally not qualify for NT nomination.
Applicants who have been employed on a full-time basis for at least six consecutive months in an occupation that is not an eligible occupation may qualify for a subclass 491 nomination on an exceptional and case by case basis if you are able to demonstrate the following:
- the employer has made genuine efforts to recruit locally and the position cannot be filled by an Australian citizen or permanent resident – at a minimum, evidence should include copies of advertisements placed, and a statement from the employer detailing the number of applicants and reasons as to why no Australian citizens or permanent residents have not been recruited
- there is a genuine need for the position in the business – at a minimum, evidence should include a detailed statement from the employer explaining the need for the position and how the vacancy arose
- you have made genuine and sustained efforts to obtain employment in your nominated occupation or a related occupation in the NT – at a minimum, evidence must include copies / screenshots of applications made for relevant jobs and any feedback received.
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