Skilled Migration

Skilled Work Regional (Provisional) Visa (Subclass 491)

October 18, 2023
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Path Migration

Here is all you need to know about the Skilled Work Regional (Provisional) Visa (Subclass 491).


Beginning 16th November 2019, the Skilled Work Regional (Provisional) Visa (Subclass 491) will be replacing the previously-known Skilled Regional (Provisional) Visa (Subclass 489).


Overview


  • Regional Visa
  • Valid for 5 years
  • Can potentially lead to permanent residency 
  • Meant for skilled workers
  • Unrestricted work, travel and study rights


This is a provisional visa, intended specifically for migrants who are willing to either relocate to a regional area (through state sponsorship or invitation by the state or territory government) or have a regional Australian family member who can sponsor them. With the entry of skilled workers in Australia, regional territories will gain access to the kind of skills and knowledge brought along with the skilled workers. 


Like other state sponsorship visas, this visa is also based on a points test. It allows the visa holder and their family members to spend 5 years working and living in a designated regional area.


Designated Regional Visas


You can see a list of designated regional areas here


Points System


The 491 Visa has a revised points system so you have new ways to earn points for your overall points score. You are eligible for: 


  • 10 points for a nomination in specialist education qualification (Science, Technology, Engineering and Mathematics). 
  • 15 points for a nomination from a state/territory govt. Or, nomination by a family member already residing in a regional area. 
  • 10 points if your partner is skilled. This means that your partner receives a positive skills assessment, is under the age of 45 and gets the required English proficiency score. 
  • Or, 5 points if your partner can only demonstrate competent English (no skills assessment/age limit etc). 
  • 10 points if you’re single


Annual Income Requirement 


In 3 years (out of 5), you must report earnings of at least AUD $53,900 per year. If you have a partner included in your 491 Visa application, the 3-year annual salary (through tax returns) must be shown at or above AUD $53,900. When they can prove that they meet this requirement, the spouse may be the primary applicant for the 191 Visa. This will help you secure a pathway from a 491 Visa to PR.


English Proficiency Requirements


There are various English language proficiency tests applicants can select from and take. The Department of Home Affairs allows applicants to appear for any of the following tests: 

  • IELTS 
  • OET
  • TOEFL
  • IBT
  • PTE Academic 
  • CAE 


As part of the online nomination process, you must submit a scanned copy of your English proficiency test results. It is pertinent to mention here that you will not be required to submit English language test results if you are a citizen of the USA, UK, Canada, Republic of Ireland or New Zealand.


Conditions of the 491 Visa 


491 Visa holders must not apply for certain visas until they have received their 491 Visa (and have fulfilled their conditions) for 3 years. It includes eligible PR visas (189 and 190), business visas (124, 132 and 188), employer-appointed PR visas (186) and onshore partner visas (820).


The need to support economic development and population growth in regional areas underpins this requirement to reside and work in a designated regional area.


Differences Between a 491 Visa and a 489 Visa 

You should be aware that the 491 Visa includes some significant changes from the previous 489 Visa:


  • Access to an increased number of eligible occupations. 
  • To qualify for permanent residency, the time required to live and work in regional Australia will increase from 2 years to 3 years. Nevertheless, it will also increase the visa validity period from 4 years to 5 years.
  • Increase in points awarded for selection by the state or family (10 to 15), partner skills (5 to 10), partner English (5 to 10) and chosen STEM professions (5 to 10). An extra 10 points will be awarded to single applicants. 
  • Priority processing of requests, but no specifics of what this means at this point.
  • Stay in most parts of Australia. 


Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 


Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case. 

Path Migration

Sydney