SKILLED WORK REGIONAL (PROVISIONAL) VISA - MAIN APPLICANT (Subclass 491)

What is Skilled Work Regional (Provisional) visa - Main applicant - Subclass 491

The Subclass 491 visa, known as the Skilled Work Regional (Provisional) visa, is designed for skilled workers who wish to live and work in designated regional areas of Australia. It is a provisional visa that allows holders to stay in Australia for up to 5 years. Key features include:

• • • Regional Residence: Applicants must live and work in a designated regional area of Australia.
    • Sponsorship: Requires sponsorship by either a relative living in a designated regional area or nomination by a state or territory government.
    • Pathway to Permanent Residency : Provides a pathway to permanent residency after meeting certain conditions, including working and living in a designated regional area for a specified period.

  This visa aims to address skill shortages in regional Australia by encouraging skilled migrants to settle and contribute to regional communities.

Designated Regional Area

You and your family members who are also the holders of the visa, will have to live, work and study in a designated regional area  of Australia only. Nomination must not be withdrawn, otherwise you will not be granted with visa.

Ways to Achieve permanent residency

• You will be able to apply for permanent residence through the Permanent Residence (Skilled Regional) visa (subclass 191), that starts from November, 2022 ( if you are eligible)
• Unless you have held your subclass 491 visa for 3 years, you are prohibited from:
  - Submit a valid application for a subclass 820 (Partner) visa.
  - Be granted any of the following visas:

• Subclass 132 (Business Talent)
• Subclass 186 (Employer Nomination Scheme)
• Subclass 188 (Business Innovation and Investment (Provisional)
• Subclass 189 (Skilled (Independent)
• Subclass 190 (Skilled (Nominated))
• Subclass 858 (Global Talent)

Duration of Stay
This is a temporary visa allowing you to remain in Australia for 5 years from the date it is granted.

Extended Stay
You cannot extend your stay in Australia with this visa. Please explore other visa options. 

Include Family
You can include family members in your application. You can:

• Include them when you submit your visa application.
• You can add a dependent child after submitting the application. However, it needs to be done before a decision is taken on your visa application.

Family members applying for the visa must meet our health  and character requirements. Those not accompanying you to Australia might also need to meet these requirements.

If your partner or dependent children are not included in this application, please provide a reason (e.g., they already hold Australian citizenship or are permanent residents).

Visa Cost

• From AUD 4,770.00 for the main applicant .
• Additional charges apply for each family member included in the visa application.

To estimate your visa costs, use the Visa Pricing Estimator.  Note that the estimator does not include the second instalment or other additional costs.

You might need to pay an extra charge, called the second instalment, for any applicant aged 18 or older who has less than functional English..
This charge of AUD4,890.00 for family members, is only payable if requested indicating that your visa will be granted.

Additional costs may also apply for health checks, police certificates, and biometrics.

How to apply
You can apply for the visa whether you are in or outside Australia at the time of application and decision, but you must not be in immigration clearance.

If you apply while in Australia, you must hold a substantive visa or a Bridging A (subclass 010), Bridging B (subclass 020), or Bridging C (subclass 030) visa. Otherwise, your application will not be processed.

Processing Times
To estimate processing times for this visa, use the visa processing time guide tool. This tool provides processing times for recently decided applications. Please note, it serves as a general guide and may not reflect your specific application.

Your applications will be evaluated on individual basis and hence, the processing times can vary due to:

• Whether you have submitted a complete application with all necessary supporting documents.
• How quickly you respond to requests for additional information.
• The time required to perform checks on the supporting information provided.
• The time it takes to receive additional information from external agencies, particularly regarding health, character, and national security requirements.

Your Obligations
You and your family must adhere to all visa conditions and Australian laws.
Learn more about conditions for this visa.

Travel
You can travel in and out of Australia as often as you like while the visa is valid. Time spent outside Australia does not extend the visa duration.

Visa Label
Your visa will be digitally linked to your passport, so no physical label will be placed in your passport.

NOTE: The charges outlined above are exclusive of ISEMS fees, which apply separately.

1. Receive an Invitation to Apply

Submit an Expression of Interest (EOI) through the SkillSelect system and receive an invitation from the Department of Home Affairs.
Once you submit your EOI (Expression of Interest), your qualifications will be compared to other applicants. If you meet the requirements and rank highly enough, you'll receive an invitation to formally apply for a visa through SkillSelect. (This clarifies the selection process)

2. Nomination or Sponsorship

You must either be nominated by an Australian state or territory government agency or indicate that you will be sponsored by an eligible relative. See below for more information.
Submit an expression of interest (EOI) for the visa to get an estimate of your points score. If your points score is sufficient, state and territory government agencies can view your EOI and may nominate you for the visa.
If you indicate in your EOI that you will be sponsored by an eligible relative, the Department may invite you to apply for a visa during an invitation round.

3. Nomination by an Australian State or Territory Government Agency

If you are nominated for the visa, you will be invited to apply. Each state and territory government agency has its own criteria for selecting nominees.
Contact the relevant state or territory agency directly to learn more about their nomination process and requirements:

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

4. Sponsorship by an Eligible Relative

Your sponsor must meet the following criteria:

• Be 18 years old or older
• Be usually resident in a designated area of Australia
• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• Be your eligible relative or your partner’s eligible relative if your partner is also applying for this visa

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

Your sponsorship must be approved before you can be granted a visa.

5. Age

You must be under 45years of age when you are invited to apply. You can still apply if you will be turning 45 after you receive the invite. If you turn 45 after submitting the EOI, but before you receive an invitation, you will not be invited to apply.

6. Skills Assessment Requirement

To ensure your application is valid, you must declare that you possess a suitable skills assessment at the time of invitation.

Delegates of the Minister will now accept a suitable skills assessment  for an applicant's nominated skilled occupation obtained within the 60-day invitation period.

This change follows the decision in Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 (Thapa). While the Minister will administer the Migration Regulations 1994 in accordance with the Thapa decision, the Minister reserves the right to contest the decision in court.

You must provide a copy of this skills assessment with your application. For medical and legal practitioners, the following will also be recognised as proof of skills assessment:

• Full or unconditional or general medical registration with the Australian Health Practitioner Regulation Agency.
• Conditional specialist registration with the Australian Health Practitioner Regulation Agency, permitting practice in your speciality without further training or supervision.
• Admission to practice law in the relevant state or territory.

Your skills assessment must have been obtained within 3 years before the date of your invitation. If the assessment was valid for a shorter period, that period must not have elapsed.

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 CRICOS.

7. Score 65 points or above

When you submit your EOI in Skill Select, you will receive indicative points score based on your claims. If your score is below 65 points, you will not be invited to apply for this visa.
If you are invited to apply, the invitation will specify the number of points you need to score for your visa application (this score may be higher than 65 points, depending on your EOI claims).
When you lodge your application, you must provide evidence supporting your claims.
You can use this calculator to check your score here

8. Level of English Language

To qualify after receiving an invitation, you must have at least Competent English

9. Skills Requirement

Make sure your job title is listed as an eligible occupation for the Points-Tested Skilled Independent visa (subclass 189). Check listhere

10. Health Requirement

It is important to meet the requirement listed here for you and any other family as well.
Family members who are not accompanying you, might also have to meet the health requirement, if requested.

11. Character Requirement

Family member who are applying along with you, and are above 16yrs, must also meet the character requirement. Family members who are not accompanying you, will also have to meet the requirement. Check the listhere 

12. Repay your debt to the Australian government

If you or anyone from your family including those of who are not applying for visa, owe any money to Australian government, you or they, must pay the debts or arrange for it to be paid back.

13. Sign the Australian values statement

If you are above 18yrs, you must have read and understood:

a. Have read or been explained, the Life in Australia booklet
b. Have to confirm you will respect the Australian way of life and obey Australian laws, when you sign or accept the Australian Values Statement.

12. Should not have any previously refused or cancelled visa application

Your history will be checked before making a decision on your application. This means you may not be eligible for this visa in case there were any previously refused or cancelled visa application.

You may still apply for a permanent visa in some circumstances, even if you had previously cancelled or an application that was refused. You can see the limitations here

If you are applying for Visa from outside of Australia, you can check here

NOTE: The charges outlined above are exclusive of ISEMS fees, which apply separately.

• Submit an Expression of Interest (EOI): Complete your EOI in SkillSelect, detailing your skills, qualifications, and experience.
• Receive an Invitation to Apply: If your EOI meets the criteria, you may receive an invitation to apply for the visa.
• Prepare and Submit Your Application: Gather the necessary documents and submit your visa application online through the Department of Home Affairs.
• Medical and Character Checks: Undergo health examinations and provide police certificates to meet health and character requirements.
• Visa Decision: Await the decision on your visa application. If granted, you will receive your visa details and be able to live and work in Australia permanently. If your visa is granted, you will receive:
  • Your visa grant number
  • The commencement date of your visa
  • Any applicable visa conditions

Please retain a copy of this decision.

If your visa application is refused:

• The reasons for the visa refusal
• Whether you have the right to seek a review of the decision

Please note, the application charge will not be refunded if your application is refused.

NOTE: The charges outlined above are exclusive of ISEMS fees, which apply separately.

Arriving in Australia

If you are outside Australia when your visa is granted, you must enter Australia before the specified date provided in your visa grant letter.

Before You Depart

Ensure you have the following:

• • A valid visa for entry into Australia
  • A valid passport or other acceptable travel document

At the Border

Upon arrival in Australia:

You must complete the Incoming Passenger Card , which will be provided to you onboard.

An automated process using facial recognition technology and E-Passports through SmartGate will enable to expedite your exit from the airport.

• Remain in Australia for the duration of your visa's validity, which is 5 years from the grant date.
• Reside, work, and study in designated areas or specified regions of Australia as per your visa conditions.
• Travel to and from Australia as often as you wish while the visa remains valid.
• Apply for permanent residency through the Permanent Residence (Skilled Regional) visa (subclass 191) if eligible.
• Work in any occupation and for any employer as per the visa's work and residence conditions.
• Use VEVO to check your specific conditions, work requirements, and study obligations.

Your Responsibilities on this Visa

• Ensure compliance with all visa conditions and Australian laws, as outlined in your visa grant letter or VEVO
• Notify us of any changes, such as:
  • Updates to your contact details, including phone number, email, address, or passport.
  • Changes in your relationship status.
  • Birth of a child.

• Learn how to inform us of any changes in your circumstances.

Understanding Your Stay Duration

• This visa is temporary.
• To determine your departure date or when to apply for another visa to remain in Australia, consult your visa grant letter and VEVO.

Extending Your Stay

• You cannot prolong your stay in Australia by extending this visa. You must apply for a new visa if you wish to stay longer.
• Explore your options.
• If you aim to reside permanently in Australia and you or your partner have fulfilled the work and residency criteria, you might qualify for the Permanent Residence (Skilled Regional) visa (subclass 191). 

Traveling with Your Visa

• You can travel outside Australia and return as often as you like while your visa remains valid.
• Time spent outside Australia does not extend the duration of your visa.
• Check your conditions in VEVO for details.
  For New Zealand Passport Holders
  • If an immigration officer processes your clearance at our border, It is recommended informing them that:
  • You hold a Skilled Regional (Provisional) visa (subclass 489).
  • You do not wish to be granted a Special Category visa (subclass 444).
  • Failure to inform them may result in being granted a subclass 444 visa. Obtaining a subclass 444 visa could impact your eligibility for permanent residency through the Permanent Residence (Skilled Regional) visa (subclass 191), as well as your eligibility for permanent residency or Australian citizenship in the future.

Demonstrating Your Visa Status

• To provide proof of your visa status and conditions to anyone, use VEVO.

Employment

• You have the flexibility to work in any occupation for any employer, in accordance with the work and residence conditions stipulated in your visa.
• You must reside and work in an area specified as a designated regional area.
• Review your specific conditions in your visa grant letter or VEVO.
• Australian workplace laws protect your rights and entitlements. Familiarise yourself with your workplace rights.

Bringing Family

• Family members who did not initially apply for the visa with you can apply later to join you in Australia as subsequent entrants.

Leaving Australia

Before Departure

Ensure your travel documents are in order:

• You must possess a valid passport or an acceptable travel document to depart Australia and return.
• If applicable, confirm that your visa remains valid and permits re-entry into Australia. Verify your visa validity using VEVO.
  At the BorderAn automated process using facial recognition technology and E-Passports through SmartGate will enable to expedite your exit from the airport.

  After you leave

  Claiming Your Superannuation (if leaving Australia permanently)

  If you are leaving Australia with no plans to return, you may be eligible to claim yoursuperannuation
  You likely have funds in a superannuation account if you:

  • Are 18 years old or older
  • Earned AUD 450 or more before tax in a month while working in Australia

  Learn how to access your superannuation.

  Documenting Your Visit to Australia

  To obtain proof of your travel history to and from Australia, request your international movement records.

NOTE: The charges outlined above are exclusive of ISEMS fees, which apply separately.