The Subclass 491 visa, also known as the Skilled Work Regional (Provisional) visa, is a pathway for skilled migrants desiring to live, work, and eventually obtain permanent residency in designated regional areas of Australia. Below is a detailed information of the various aspects associated with the Subclass 491 visa.
What is a Subclass 491 Visa?
The Subclass 491 visa is a state-nominated provisional visa that facilitates skilled migrants to contribute to the growth of regional Australia. It offers a unique opportunity for individuals to reside in a designated regional area for up to five years, creating a clear pathway to permanent residency.
Eligibility of Subclass 491 Visa
To be eligible for the Subclass 491 visa, individuals must meet specific criteria:
- Nomination Requirement: Applicants must be nominated by either a state or territory government agency or an eligible relative residing in a designated regional area.
- Occupation: The applicant’s occupation must be on the relevant skilled occupation list, and they must possess a suitable skills assessment for that occupation.
- Age Limit: Applicants must be under 45 years of age at the time of application.
- Expression of Interest (EOI): An applicant must have their Expression of Interest selected, showcasing their commitment to living in regional Australia.
- Points Test: Meeting the points test requirements is important, with at least 65 points on the Australian Government’s points test for the Expression of Interest.
Stay and Work Conditions under Subclass 491 Visa
Holders of the Subclass 491 visa can:
- Stay: Reside in Australia for five years.
- Live, Work, and Study: Engage in life, work, and study activities in a designated regional area.
- Travel: Enjoy the flexibility of traveling to and from Australia multiple times while the visa is valid.
Subclass 491 Visa Processing Time and Fees
The processing time for the Subclass 491 visa can vary, and individuals are encouraged to refer to the official visa processing time guide. As of the latest information, the visa fee for the main applicant is AUD4,640.00.
Regional Areas and Other Considerations
The definition of regional areas includes locations outside Sydney, Melbourne and Brisbane Applicants should be aware of the designated regional areas to ensure compliance.
Why Choose Subclass 491 Visa Over Other Options?
The Subclass 491 visa offers several advantages:
- Additional Points: It adds 15 points to the applicant’s score if they have an eligible relative or Australian state/territory nominating them.
- Sponsorship Options: Allows nomination by relatives or state/territory authorities, broadening the avenues for obtaining the visa.
- Occupation Coverage: The skilled occupation list considered for state sponsorship encompasses a wider range of occupations, including the Regional Occupation List (ROL).
With a solid understanding of the Subclass 491 visa, individuals can make informed decisions about their migration journey to Australia.
Permanent Residency Pathway: Subclass 191 Visa
The Subclass 191 visa, known as the Permanent Residence (Skilled Regional) visa, is the culmination of the Subclass 491 visa journey, providing a seamless transition to permanent residency. Explore the key aspects of the Subclass 191 visa below.
After three years of living and working in a regional area under the Subclass 491 visa, individuals become eligible to apply for the Subclass 191 Permanent Residence (Skilled Regional) visa. This permanent visa brings all the benefits of Australian permanent residency without any obligation to stay or work in Australia.
What is Subclass 191 Visa?
The Subclass 191 visa is a permanent residency visa designed for individuals who have successfully lived and worked in a regional part of Australia for three years under the Subclass 491 visa. It signifies a stable and long-term commitment to the regional community.
Eligibility of Subclass 191 Visa
To qualify for the Subclass 191 visa, individuals must meet specific requirements:
- Duration of Stay: Applicants must have held the Subclass 491 or Subclass 494 visa for at least three years.
- Compliance: Applicants must have complied with the conditions of the Subclass 491 or Subclass 494 visa.
- Income Requirement: There is no minimum income threshold for the Subclass 191 visa. However, applicants need to provide the Australian Taxation Office (ATO) notice of assessment for three out of the five years.
Benefits of Subclass 191 Visa
The Subclass 191 visa offers numerous benefits:
- Permanent Residency: Provides all the advantages of being a permanent resident in Australia.
- No Obligations: Once the Subclass 191 visa is granted, there is no obligation to stay or work in regional Australia.
Transition from Subclass 491 to Subclass 191
Individuals who have fulfilled the three-year requirement under the Subclass 491 visa can smoothly transition to the Subclass 191 visa, securing their status as permanent residents of Australia.
Meeting the Basic Requirements
- Duration of Visa
Applicants aiming for the 191 Visa must exhibit a commitment to regional integration by holding the 491 or 494 visa for a minimum of three years. This duration signifies dedication to contributing to and becoming an integral part of the regional community.
- Income Threshold
Applicants are required to submit Annual Tax Statements from the past three years as evidence of their employment in a regional area. It is essential that the company they have worked for is in a regional area. Additionally, applicants should note that remote work for organizations situated in Sydney, Melbourne, or Brisbane is not permissible under this requirement.
- Compliance with Visa Conditions
Successful applicants showcase their commitment to regional obligations by demonstrating adherence to the conditions of the regional provisional visa (491 or 494). This includes fulfilling residency, work, and study requirements.
Regional Provisional Stream
Residency Requirement (Condition 8579)
Applicants under the regional provisional stream must meet Condition 8579, necessitating a history of living, working, and studying in a designated regional area. Compliance with this condition is pivotal for a smooth transition to permanent residency.
Documentation and Income Calculation
- Relevant Income Year Calculation
Understanding the calculation of the relevant income year is vital. It is counted from the end of the income year before the application date, provided the applicant held a regional provisional visa during that time.
- Income Threshold Amount
While the government hasn’t specified an exact amount, applicants commonly consider $53,900 as the income threshold. This aligns with the Temporary Skilled Migration Income Threshold (TSMIT) used by the Department of Home Affairs.
- Hong Kong 191 Visa Streams
Hong Kong or British National Overseas passport holders seeking the 191 Visa must meet specific criteria. This includes holding particular visa subclasses and demonstrating functional English proficiency.
The details shared above were accurate as of 4th December 2023, but it’s important to note that things may change over time.. This information is meant for general understanding and should not be taken as legal advice. Keep in mind that information can change, so reach out to us for the latest guidance tailored to your situation. We look forward to assisting you!
If you’re seeking help from a MARA-registered agent in Australia, contact us at KnN. Our experienced team is knowledgeable about Australian immigration and education processes, ensuring you receive reliable guidance. As policies evolve, we stay updated to provide you with the most current information.
