491 Visa (Skilled Work Regional visa) – Provisional

491 Visa (Skilled Work Regional visa) – Provisional

The 491 visa, also known as the Skilled Work Regional (Provisional) subclass 491 visa, allows eligible skilled workers and their families to live, work, and study in designated regional areas of Australia for up to 5 years. After three years, visa holders can apply for a Permanent Residence visa. To apply for this visa, applicants must be:

  • Nominated by an Australian state or territory government agency, or
  • Sponsored by an eligible family member living in a designated regional area and invited to apply for the visa after submitting an Expression of Interest (EOI) in SkillSelect.

The subclass 491 visa, a skilled and points-tested visa, replaced the 489 visa. It has a maximum age limit of 45 years and requires a positive skills assessment.

Key Details:

  • New Visa: Skilled Work Regional (Provisional) visa (subclass 491)
    Replaced Visa: Skilled Regional (Provisional) visa (subclass 489) – first provisional stream
  • Visa Duration: The visa is valid for 5 years.
  • Conditions: Condition 8579 requires that visa holders live, work, and study only in regional areas, although they may move between these areas. Regional areas include all parts of Australia except Sydney, Melbourne, and Brisbane. Perth and the Gold Coast are classified as regional. You can work in any occupation and for any employer, as long as you adhere to the work and residence conditions of your visa.

Holders of this new provisional visa will not be able to apply for most other skills-based visas in Australia unless they have spent at least three years in a designated regional area, except in exceptional circumstances. Similar to the rules for subclass 457 and 482 visas, visa holders can be negatively affected by non-compliance from their sponsor.

Permanent Pathway for the 491 Visa:

  • Subclass 191 Permanent Residence (Skilled Regional): To qualify for this permanent visa, applicants must have held a subclass 491 or 494 visa for at least three years and complied with the conditions of that visa. There is no requirement to show earnings of at least $53,900 per annum for three years.

Impact on the 489 Visa to 887 Visa Pathway:

The Skilled Regional (Provisional) Visa (subclass 489) is now closed to new applicants. Transitional arrangements are in place for applications that have already been lodged and are undecided, as well as for applicants who are targeting the permanent Skilled Regional Visa (subclass 887).

Changes to Skilled Migration:

The skilled migration points test changed on November 16, 2019. These changes affect subclass 491 applicants and other skilled migration visa applicants whose applications had not been assessed by that time. The changes provide additional points in some areas. Points for age, qualifications, overseas and Australian work experience, Australian study, and English will still apply. The new points system includes:

  • 15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia.
  • 10 points for certain Science, Technology, Engineering, and Mathematics (STEM) qualifications.
  • Partner Points:
    • 10 points if:
      • The applicant has a skilled spouse or de facto partner (with a skills assessment and competent English), or
      • The applicant is single (without a spouse or de facto partner).
    • 5 points if the partner has competent English, regardless of age, and does not need a skills assessment.

Comparison: TSS vs. 491 vs. 494 Visas

Summary of the 491 Visa:

  • 15,000 places are allocated each year.
  • Applicants must be on the 491 occupations list.
  • Must be sponsored by an eligible relative or state authority.
  • Points-tested.
  • The visa is initially granted for 5 years.
  • Applicants must live and work for 3 years in regional areas to qualify for the Permanent Residence (Skilled Regional) 191 Visa.
  • There are no income requirements for the 191 visa.
  • Regional Australia includes all areas except Sydney, Melbourne, and Brisbane. Regional areas also include Perth, Gold Coast, Sunshine Coast, Lake Macquarie, Illawarra, Geelong, Newcastle, Wollongong, Adelaide, Hobart, and Canberra.
  • Visa holders cannot apply for any other skilled PR or the 820 partner visa for 3 years.
  • The Department of Home Affairs (DHA) fee is $4,770 for the main applicant and $2,385 for a spouse.

Benefits of the 491 Visa:

  • Priority processing for regional applications.
  • Incentives for migrants to stay longer in regional areas by building community and workforce ties, including access to Medicare.
  • More points are available to subclass 491 visa applicants.
  • Ranking system for invitations to apply for a 491 visa:
    1. Applicants with a skilled partner or those without a partner.
    2. Applicants with a partner who has competent English but does not qualify for skilled partner points.
    3. Applicants with a partner who does not meet the criteria for competent English or skilled partner points.

Migration Definitions

  1. Major Cities
    • Locations: Sydney, Melbourne, Brisbane
    • Regional Incentives: Not Applicable (NA)
  2. Cities and Major Regional Centres
    • Locations: Perth, Adelaide, Gold Coast, Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong, Hobart
    • Regional Incentives:
      • Access to 25,000 dedicated regional places
      • Priority processing for regional visas
      • Access to the Regional Occupations List, which offers more job opportunities compared to non-regional lists
      • International students at regional universities can stay an additional year in Australia on a post-study work visa
  3. Regional Centres and Other Regional Areas
    • Locations: All other locations
    • Regional Incentives:
      • Access to 25,000 dedicated regional places
      • Priority processing for regional visas
      • Access to the Regional Occupations List, which offers more job opportunities compared to non-regional lists
      • International students at regional universities can stay an additional two years in Australia on a post-study work visa
      • Priority in negotiating region-specific Designated Area Migration Agreements (DAMAs)

Nomination by an Australian State or Territory Government Agency

If you are nominated for the visa by an Australian state or territory government agency, you will receive an invitation to apply. Each state and territory has its own criteria for deciding who to nominate, and their requirements can vary. The states and territories include:

  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania
  • Victoria
  • Western Australia

Sponsorship by an Eligible Relative (Family Stream)

For the 491 Family Stream visa, your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL). Your sponsor must meet the following criteria:

  • Be 18 years old or older
  • Usually reside in a designated area of Australia
  • Be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen
  • Be your or your partner’s eligible relative

An eligible relative can be:

  • A parent
  • A child or step-child
  • A brother, sister, adoptive brother, adoptive sister, step-brother, or step-sister
  • An aunt, uncle, adoptive aunt, adoptive uncle, step-aunt, or step-uncle
  • A nephew, niece, adoptive nephew, adoptive niece, step-nephew, or step-niece
  • A grandparent
  • A first cousin

Sponsorship must be approved before a visa can be granted.

Related: Family Sponsored 491 Visa

Do the Sponsor and Applicant Need to Reside in the Same State/Territory?

There is no requirement for the sponsor and applicant to live in the same regional area. However, the sponsor must continue to meet all sponsorship requirements they have agreed to, regardless of where each is living.

Have a Suitable Skills Assessment

To have a valid application, you must declare that you have a suitable skills assessment at the time of invitation. A copy of this skills assessment must be included with your application. For medical and legal practitioners, the following can also serve as proof of a skills assessment:

  • Full, unconditional, or general medical registration with the Australian Health Practitioner Regulation Agency (AHPRA)
  • Conditional specialist registration with AHPRA, allowing you to practice in your specialty without further training or supervision
  • Admission to practice law in the relevant state or territory

Your skills assessment must have been obtained within three years before the date of your invitation. If the assessment was for a shorter period, that period must not have expired. If your skills were assessed based on a qualification obtained in Australia while holding a student visa, the qualification must be from a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Staying in Australia on a Skilled Work Regional (Provisional) Visa (Subclass 491)

If you are in Australia and want to stay longer, you can remain on a Skilled Work Regional (Provisional) visa (subclass 491). To stay beyond your current visa, you must apply for a new visa before your current one expires.

You may also be eligible for a bridging visa, which allows you to remain in Australia until you either receive a new visa or make arrangements to leave. If your visa has expired or is nearing expiration, book a consultation to discuss your options.

State Invitation Rounds

Each state and territory has its own invitation rounds for the visa, which include:

  • ACT – Invitation Rounds
  • NSW – Invitation Rounds
  • NT – Invitation Rounds
  • QLD – Invitation Rounds
  • SA – Invitation Rounds
  • TAS – Invitation Rounds
  • VIC – Invitation Rounds
  • WA – Invitation Rounds