What State and Territory Criteria Really Mean for Your Nomination Chances

For skilled migrants, state and territory nominations play a major role in securing a Subclass 190 or 491 visa. But many applicants are confused by the differences between each state’s criteria. 

Some states focus on people already living and working locally. Others prioritise occupations in shortage. Some want high points, while others value regional commitment or industry experience. 

This guide explains, in simple terms, what these criteria actually mean and how they affect your chances of being nominated. 

How do state and territory criteria affect your skilled visa nomination chances? Each state sets its own rules based on workforce needs, population goals and skill shortages. Criteria such as occupation lists, work experience, points, residency and employer ties influence who is selected. The better you match a state’s needs, the higher your chance of nomination. 

Why Each State Has Its Own Rules 

State Migration Is Designed to Fill Local Skill Gaps 

Every state has different economic needs, industries and population goals. A software engineer may be highly in demand in one state, while a chef may be the priority in another. This is why no two states will ever have identical nomination criteria. 

States choose applicants who can contribute to their local workforce quickly and effectively. 

How States Decide Who to Nominate 

When you apply for state nomination, you are not competing at the national level. You are competing within the state’s own criteria and priorities. 

Most states consider: 

• your occupation and whether it appears on their list 

• your points score 

• your work experience in the state 

• whether you studied in the state 

• your ties to the region 

• your English level 

• your employment offer, if required 

What Key Criteria Really Mean for You 

Occupation Lists 

States only nominate applicants whose occupations match their workforce shortages. Even if you meet every visa requirement, you cannot be nominated if your occupation is not on the state list at the time of application. 

Occupation lists change based on industry demand, so staying updated is important. 

Points Score 

A higher points score improves your chances, but points alone are rarely the deciding factor. Some states nominate people with modest scores if their occupation is in strong demand or they have local experience. 

Work or Study in the State 

Many states prefer applicants who have already contributed to their community. This may include: 

• working in a skilled role 

• completing studies locally 

• holding regional employment 

This gives states confidence that you plan to settle long term. 

Commitment to the State 

Some states ask for a clear commitment statement. They want to know why you want to live there and how you plan to contribute.  This is especially important for the 491 regional visa. 

Job Offers 

Certain states require or strongly prefer skilled employment offers. This shows that you can integrate into the workforce immediately, which increases your nomination chances. 

Residency Status 

Some states prioritise onshore applicants because they are already settled in Australia and can fill job shortages faster. However, offshore applicants may still be selected if their occupation is in high demand. 

Why Meeting Criteria Does Not Guarantee Nomination 

State nomination is competitive. Even if you meet every requirement, there may be more applicants than available places. 

States select candidates who best match their current needs, which can shift during the program year. This is why understanding the criteria and timing is so important. 

How to Improve Your Nomination Chances 

Target States That Want Your Occupation 

Applying to a state where your occupation is not a priority will not lead to nomination. Focus where your skills are needed most. 

Strengthen Your Profile Before Applying 

This may include: 

• improving your English score 

• gaining local work experience 

• completing a higher qualification 

• increasing your points score 

Small improvements can make a big difference in a competitive state. 

Stay Updated on State Changes 

States adjust their criteria throughout the year. What was eligible last month may not be eligible this month. 

Apply Early in the Program Year 

States often issue more invitations early in the year when allocations are fresh. 

How LMSD Helps Skilled Migrants Understand State Criteria 

At Legacy Migration & Study Direction, we help skilled migrants: 

• identify the best state or territory for their profile 

• understand nomination criteria in plain English 

• correct issues in their EOI before applying 

• prepare strong evidence for nomination 

• plan their timing around yearly allocations 

We provide clear, personalised advice based on your occupation, experience and goals. 

State and territory criteria can seem complicated, but they all follow the same principle. Each state selects applicants who best match its workforce needs. When you understand what states are looking for, you can choose the right pathway and significantly improve your nomination chances.

The information, updates, news, and advice provided are intended for general informational purposes only and should not be construed as personalised guidance. For accurate advice regarding your specific migration case, we invite you to reach out to us directly by sending a message through this link: https://www.legacymigration.com.au/take-your-first-step-to-living-working-or-studying-in-australia

Migration Agents Registration Number: 1797357

QEAC Number: S041