Skilled Work Regional - Subclass 491 Visa (Provisional Visa)
The Skilled Work Regional Visa – Subclass 491 is a five-year provisional visa. There is a pathway to permanent residency after the subclass 491 visa holder work and lives in a regional area, by applying for a subclass 191 visa.
Like a subclass 190 visa, applicants for a subclass 491 visa must be nominated by a State/Territory Government. However, different from a subclass 190 visa, applicants for a subclass 491 visa may also be sponsored by a relative who lives in a regional area.
Stages/Processes
Similar to the points-tested stream for a subclass 189 visa and the subclass 190 visa, the subclass 491 regional visa also ‘ranks’ the applicants based on their ‘points’ claimed. The factors that determine an applicant’s points are based on many factors, such as age, English language proficiency, qualifications, work experience, etc.
There are several processes involved:
- First, an applicant must meet the minimum points requirement. The minimum total point is currently set at 65 points. In other words, applicants who are unable to claim at least 65 points are not eligible to apply.
- Second, submit an Expression of Interest (EOI) to the Department of Home Affairs. In the EOI, an applicant must provide details on how many points they wish to claim.
- Third, if the relevant State/Territory Government will invite the applicant to lodge a nomination application – unless the applicants specified that a relative will sponsor them.
- Fourth, the Department of Home Affairs will issue an invitation to apply for the subclass 491 visa. The applicant will then be given time to lodge their visa application.
- Fifth, the applicant must submit the subclass 491 visa application within the timeframe.
Occupation List and Skills Assessment
Applicants of a subclass 491 visa must nominate an occupation that is listed on the eligible occupation list set by the Australian Government. Otherwise, they will not be eligible to apply. The eligible occupations are different for applicants who are nominated by a State/Territory Government and for those sponsored by an eligible relative.
The State/Territory Government may also impose additional requirements for applicants who want to secure a nomination from them, based on the specific needs of the respective State/Territory.
A positive skills assessment is also required to be obtained and must still be valid at the time of invitation for the visa. In other words, applicants who do not have a positive skills assessment, or whose assessment has expired, will not be eligible to apply even though they receive an invitation from the Department of Home Affairs and/or the State/Territory Government.
A recent case of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 has recently ‘redefined’ the term ‘at time of invitation’
Adding Dependent Applicants on the 491 Visa Application
An applicant may include their family members, such as partner and/or children, at the same time when the subclass 491 visa application is lodged, or during the processing of the application.
Any family members who want to be included after the subclass 491 visa is granted, need to lodge a separate/new 491 regional visa application based on their relationship with the primary visa holder.
What Can You Do with the Subclass 491 Skilled Work Regional Visa
The subclass 491 skilled visa is a provisional visa, with a pathway to permanent residency via subclass 191 visa after holding this 491 visa for at least 3 years.
While holding this visa, the holder must continue to live and work in a regional area. Failure to do so will subject the visa to cancellation.
There are also restrictions for subclass 491 visa holders to apply for another visa that may ‘circumvent’ the requirements to work and live in a regional area for 3 years.
491 Visa Australia Frequently Asked Questions
How long does it take to receive an invitation to apply for the subclass 491 visa after the EOI is submitted?
There is no set timeframe for how long an applicant will receive an invitation to apply for a visa and/or a State/Territory nomination. It is also possible for an applicant to never receive any invitation. If an applicant has not received any invitation for two years since the EOI is lodged, then it will expire, and the applicant will need to lodge a new EOI.
Can the relative sponsor multiple applicants?
Yes, there is no limitation on how many visa applicant an eligible relative can sponsor. However, the sponsor must undertake certain undertakings and demonstrate a relationship with the visa applicant.
Once I have received the invitation, can I apply for the subclass 491 regional visa whilst I am in Australia?
If you submitted the visa application while you are in Australia and you are granted a bridging visa, you may remain in Australia during the processing of your subclass 491 visa application.
What is the difference between subclass 190 visa and subclass 491 visa?
A subclass 190 visa is a permanent visa, while a subclass 491 is a provisional visa with pathway to permanent residency after three years.
In addition, subclass 491 visa applicants may be either nominated by a State/Territory Government or sponsored by an eligible relative, whilst subclass 190 visa applicants cannot be sponsored by a relative.
How long can I stay in Australia once my 491 visa is granted?
The duration for a subclass 491 visa is 5 years, however, after 3 years holding the visa and work and live in a regional area, the holder may apply for a subclass 191 (permanent) visa.