Skilled Work Regional (Provisional) Visa (Subclass 491)

491 Skilled Work Regional (Provisional) visa

The subclass 491 visa is for skilled people nominated by a state or territory government or sponsored by an eligible relative to live and work in regional Australia. The visa is valid for 5 years and you may travel to and from Australia as many times as you want while the visa is valid​. You may apply for permanent residence (subclass 191 visa) after 3 years from the time your 491 visa is granted​. Here we will introduce the 491 Visa Requirements including eligibility criteria, points table and state nomination requirements and the Processing Time in 2021.491 visa requirements

Average Processing Time 2020 – 2021

The current average processing time is as below:

  • subclass 491 visa (state nominated stream) is about 6 months for 75% of all the visas application, and 8 months for 90% of all the visa applications.
  • subclass 491 visa (family sponsored stream)  is about 9 months for 75% of all the visas application, and 10 months for 90% of all the visa applications.

Individual processing time does vary based on the specific circumstances of the applicant, as well as the quality of the application presented to the Department of Home Affairs. Many well prepared applications are actually processed much faster and smoother than the average.

If you wish to have your visa application presented in the best quality and would like to ensure the application can be processed timely, we suggest you contact our experienced Registered Migration Agents to manage your files.

491 Visa Assessment

491 Visa Requirements

Subclass 491: Skilled Work Regional (Provisional) Visa

Subclass 491 Skilled Work Regional (Provisional) visa is a temporary visa which provides a pathway to permanent residency by applying for a Subclass 191 Skilled Regional (Permanent) visa after 3-year residency requirements in designated regional area of Australia whilst holding a Subclass 491 visa, income requirements for those 3 years and other requirements stipulated in Subclass 191 Skilled Regional (Permanent) visa are met.

Subclass 491 visa is for invited skilled worker who are either nominated by a State or Territory government agency or sponsored by an eligible relative to live, work and/or study in designated regional areas for 5 years.

Stay Period

5 years from the visa grant date of the primary visa holder.

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance, to apply and to be granted this visa.

Each applicant in Australia when applying for this visa must hold:
  • a substantive visa; or
  • a Subclass 010 Bridging A visa; or
  • a Subclass 020 Bridging B visa; or
  • a Subclass 030 Bridging C visa
with no condition(s) attached to the visa that prevent the secondary applicant from applying this visa in Australia.

Subclass 491 visa holder can...

  • apply for permanent residence, if eligible, through the Subclass 191 Skilled Regional (Permanent) visa – which commences on 16 November 2022.
  • enrol in Medicare, Australia’s universal health insurance scheme with access to a wide range of health and hospital services at low or no cost.
To make a valid application for Subclass 491 visa and/or be granted this visa, the following sets of criteria must be met:
Under 45 years old at the time of receiving invitation to apply
The primary visa applicant must be under 45 years old at the time of receiving SkillSelect invitation to apply for this Subclass 491 visa. If the primary visa applicant turned 45 years old after receiving invitation to apply for this visa from SkillSelect, the applicant can still apply for this visa as long as invitation being received before turning 45 years old and the application is lodged within the period stated in the invitation.
Be Nominated or Sponsored
The primary visa applicant must be either nominated by an Australian state or territory government agency or sponsored by an eligible relative.   If the primary visa applicant scored enough points and met the criteria of state and territory government agency, the primary visa applicant will be nominated and invited to apply for this visa.   If the primary visa applicant scored enough points and indicate all applicants will be sponsored by an eligible relative in the SkillSelect Expression of Interest, the primary visa applicant will be invited to apply for this visa and the sponsor will need to be approved before visa can be granted. An eligible relative is a relative who is related to:
    • the primary applicant; or
    • the applicant’s spouse or de facto partner (only if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 visa), as:
      • a parent; or
      • a child or step-child; or
      • a 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;
and
  • the eligible relative is a person who:
    • has turned 18 years old; and
    • is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
    • is usually resident in a designated regional area within Australia.
Occupation must be on Skilled Occupation List
The applicant’s nominated occupation must be an eligible occupation for a Subclass 491 visa listed in the Medium and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL).   Please note that all State or Territory government agencies have their own Skilled Occupation List to be eligible for nomination. The eligible occupations may be significantly less than the Department of Home Affairs’  MLTSSL and STSOL.
SkillSelect Expression of Interest (EOI) & Invitation to Apply
To apply for this visa, the applicant must first submit an Expression of Interest (EOI) through SkillSelect and received an invitation before the applicant can apply for this visa. To be invited, the applicant must score at least 65 points (pass mark) in the points test. Applicants with the same skilled occupation and will be sponsored by their eligible relative will be ranked in SkillSelect to determine to whom the invitation should be issued to in each invitation round. The Department of Home Affairs published points score required for certain occupation in previous invitation rounds at https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds. This can serve as an indication of the latest points score required for sponsored applicant to receive invitation for certain occupations.   For applicants seeking State or Territory government agency nomination, invitation will be subject to criteria set by the relevant State or Territory government agency.
Have Suitable Skills Assessment
At the time of receiving invitation to apply for the visa, the applicant must have had obtained positive skills assessment outcome for the nominated occupation from the relevant assessing authority. A list of assessing authorities relevant to each nominated occupation can be found in the Medium and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL). The skills assessment obtained must not be an assessment for a Subclass 485 Temporary Graduate visa. Please be advised that evidence of positive skills assessment outcome will be required by some states or Territory government agencies at the nomination application stage.
English Language Requirement
At the time of receiving invitation to apply for the visa, the primary visa applicant had competent English. Any other applicant (e.g.: secondary/subsequent applicant) aged 18 years old and above (at the time of application) must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
Genuine Intention to Live, Work and/or Study in a Designated Regional Area
All applicants must have a genuine intention to live, work and/or study in a designated regional area that have been on the list of designated regional areas at the time the visa was granted.

Points Table for Subclass 491 Skilled Work Regional (Provisional) Visa

Age

Age Points
at least 18 but less than 25 years 25
at least 25 but less than 33 years 30
at least 33 but less than 40 years 25
at least 40 but less than 45 years 15

English language skills

Skills Level Points
Competent English 0
Proficient English 10
Superior English 20

Skilled employment experience

Overseas skilled employment – (outside Australia)

Number of Years Points
Less than 3 years 0
At least 3 but less than 5 years 5
At least 5 but less than 8 years 10
At least 8 years 15

Australian skilled employment – (in Australia)

Number of Years Points
Less than 1 year 0
At least 1 but less than 3 years 5
At least 3 but less than 5 years 10
At least 5 years but less than 8 years 15
At least 8 years 20

Educational qualifications

Requirement Points
A Doctorate from an Australian educational institution or a Doctorate from another educational institution, that is of a recognised standard. 20
At least a Bachelor degree from an Australian educational institution or at least a Bachelor qualification, from another educational institution, that is of a recognised standard. 15
A diploma or trade qualification from an Australian educational institution. 10
Attained a qualification or award recognised by the relevant assessing authority for your nominated skilled occupation as being suitable for that occupation. 10
Please note: For points based migration you will receive points for your highest qualification only.

Specialist education qualification

Requirement Points
A Masters degree by research or a Doctorate degree from an Australian educational institution that included at least 2 academic years study in a relevant field. 10
The postgraduate degree by research (doctorate or masters) must be awarded from an Australian education institution after at least 2 academic years of study in the following science, technology, engineering, mathematics or specified information and communication technology (ICT) fields:
    Natural and physical sciences
  • biological sciences
  • chemical sciences
  • earth sciences
  • mathematical sciences
  • natural and physical sciences
  • other natural and physical sciences
  • physics and astronomy
    Information technology
  • computer science
  • information systems
  • information technology
  • other information technology
    Engineering and related technologies
  • aerospace engineering and technology
  • civil engineering
  • electrical and electronic engineering and technology
  • engineering and related technologies
  • geomatics engineering
  • manufacturing engineering and technology
  • maritime engineering and technology
  • mechanical and industrial engineering and technology
  • other engineering and related technologies
  • process and resources engineering

Australian study requirement

Requirement Points
Meet the Australian study requirement. 5

Professional Year in Australia

Requirement Points
Completion of a Professional Year in Australia. 5

Credentialled community language

Requirement Points
Hold a recognised qualification in a credentialled community language. 5

Study in regional Australia

Requirement Points
You must have at least 1 degree, diploma or trade qualification from an Australian educational institution that satisfies the Australian study requirement obtained while living and studying in an eligible area of regional Australia. 5

Partner skills

Requirement Points
Your spouse or de facto partner must also be an applicant for this visa and meet age, English and skill criteria.

For you to be eligible for the award of these points your partner must be an applicant for the same visa subclass and must not be an Australian permanent resident or an Australian citizen. Additionally, you will need to provide evidence that when you were invited to apply for this visa that they:
  • were under 45 years old;
  • had competent English;
  • had nominated a skilled occupation that is on the same skilled occupation list as your nominated skilled occupation;
  • had a suitable skills assessment from the relevant assessing authority for their nominated skilled occupation, and the assessment wasn’t for a Subclass 485 visa.
10
Your spouse or de facto partner must also be an applicant for this visa and has competent English.

For you to be eligible for the award of these points your partner must be an applicant for the same visa subclass and must not be an Australian permanent resident or an Australian citizen.
5
You are single or your partner is an Australian citizen or permanent resident. 10

Nomination or sponsorship

Requirement Points
You were invited to apply for a Skilled Work Regional (Provisional) visa (subclass 491) because you were nominated and the nominating State or Territory government agency has not withdrawn that nomination

or

You are being sponsored for a Skilled Work Regional (Provisional) visa (subclass 491) by a family member and the Minister has accepted that sponsorship
15
You must have been nominated or stated you would be sponsored by an eligible family member to be invited to apply for this visa.

For nominated applicants provided your nomination remains in effect, you may be eligible for the award of these points.

For sponsored applicants provided your sponsorship has been approved, you may be eligible for the award of these points.
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

Condition 8578 - Notify the Department of Home Affairs for any changes in details

All visa holders must notify the Department of Home Affairs of a change to any of the following within 14 days after the change occurs:
  • residential address;
  • email address;
  • phone number;
  • passport details;
  • address of an employer;
  • address of the location of a position in which the visa holder is employed.

Condition 8579 - Live, work and/or study in a designated regional area of Australia

Subclass 491 visa holder must live, work and/or study only in a part of Australia that has already been recognised as a designated regional area at the time this visa was granted.

Condition 8580 - Provide evidence of living, working and/or studying in a designated regional area of Australia

If requested, the visa holder must provide evidence of any or all of the following, whenever applicable, within 28 days after the date of the request:
  • residential address;
  • address of each employer;
  • address of each location of each position in which the visa holder is employed;
  • address of an educational institution attended by the visa holder.

Condition 8581 - Must attend interview if requested in writing

If requested, in writing, by the Department of Home Affairs, the visa holder must attend an interview:
  • at a place and time specified in the request (for in person face-to-face interview); or
  • in a manner, and at a time, specified in the request (for phone or internet interview).
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