Subclass 491 - Skilled Regional (Provisional)

The Subclass 491 skilled regional visa commenced on the 16 November 2019.

The Subclass 491 visa replaced the Skilled Regional (Provisional) visa (Subclass 489) - first stage provisional stream

The Subclass 491 skilled regional visa has two streams:

 ·        State/Territory sponsored and family member residing in designated area sponsored

 State/Territory sponsored stream

 ·        Must be nominated by State/Territory Government

 Family member sponsored stream

 ·        Must be sponsored by a family member who is over 18 and is an Australian Citizen, Australian permanent resident or eligible New Zealand citizen

·        Sponsor must be usually resident in a designated regional area

·        Sponsor must be related to the primary applicant or their spouse or de facto partner

·        Family member is defined as parent, child or step-child, brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or a grandparent; or a first cousin.

·        Obligation to assist visa holder to the extent necessary, financially, with accommodation and to participate in AMEP English language program for 2 years

Applicant requirements

·        Schedule 6D points test applies Must have been invited to apply

·        Must not have turned 45 at time of application

·        Must have skilled occupation on an applicable list and have a valid, suitable skills assessment

·        Primary applicant must have competent English (e.g. IELTS 6.0 or PTE 50 in each band/component) at time of application

·        Must declare genuine intention to live, work and study in designated regional area

·        Health PIC 4005 and character PIC apply to all primary applicants and members of family unit, whether applicants or not

·        May apply and be granted inside or outside Australia, but not in immigration clearance

·        Must be holder of substantive visa or BVA, BVB or BVC to apply onshore Temporary visa - five years validity

·        Conditions 8578, 8579, 8580 and 8581 must be imposed

·        VAC - Base application charge: primary applicant $4,045; additional applicant over 18 years: $2,025; under 18 years: $1,010

·        Second VAC installment if required - Less than functional English over 18 years: $4,890; any other applicant: nil

·        Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 491 visa, subject to meeting prescribed requirements.

Subclass 191 – Permanent Residence (Skilled Regional) visa

Lastly, there is the permanent Subclass 191 visa available from 16 November 2022. (The delay in its introduction is because no applicants will be eligible until at least this date).

With greatly reduced visa application charges, and no second visa application charge for applicants who are at least 18 with less than functional English (this already applied to Subclass 491 and 494 visa applications), to make a valid application, primary applicants must have held a regional provisional visa (491 or a 494 visa) for at least 3 years (any secondary applicants must make a combined application with the primary visa applicant).

If a combined application has been made, only one applicant must satisfy the primary criteria, which means partners of the original primary Subclass 491 or 494 visa holders can step in to meet the primary criteria if needed.

There are effectively two major requirements:

• Substantial compliance with the visa conditions of the regional provisional visa or any subsequent bridging visa, and unless exempt, compliance with condition 8579, and

• The taxable income of the person seeking to meet the primary criteria for at least 3 years is above a certain threshold >$53,900 that will be known closer to the date of implementation. (Evidence will be their Notice of Income Tax Assessment for each income year).

Secondary applicants must also have complied with their visa conditions including condition 8579.

If granted, as with all permanent visas, this will be a 5-year visa with no restrictions.

Importantly, an unlike 187 visas, a 191 visa does not require a preceding nomination by a business.

Therefore, Subclass 494 visa holders will not be attached to their sponsor and may apply with or without their consent.

All the above visas also have the usual public interest criteria, health and character requirements.

Restricted from applying for other visas

Holders of Subclass 491 and Subclass 494 visas or who last held these visas, are restricted from applying for the following visas, unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist:

Subclass 124/858 - Distinguished Talent Subclass 132 - Business Talent Subclass 186 - Employer Nomination Scheme

Subclass 188 - Business Innovation and Investment Subclass 189 - Skilled - Independent Subclass 190 - Skilled - Nominated Subclass 820 - Partner (Temporary)

If you would like further information, or if you would like to have your eligibility assessed, call +61497788891 to speak to a registered migration agent who can answer your questions.