SUBCLASS 491 SKILLED WORK REGIONAL VISA

SUBCLASS 491 SKILLED WORK REGIONAL VISA

The new Skilled Work Regional (Provisional) subclass 491 visa will enable eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. Visa holders will be eligible to apply for a Permanent Residence visa after three years. Applicants for this visa must be nominated by an Australian state or territory government agency or sponsored by an eligible family member residing in a designated regional area and be invited to apply for the visa, following submission of an Expression of Interest (EOI) in SkillSelect.

Subclass 491 Skilled Work Regional (Provisional) visa will replace the current 489 visa and commences November 16, 2019. The subclass 491 visa has 14,000 places allocated per year. 491 visa is a skilled visa (points tested)  which requires either state government nomination, or sponsorship by an eligible family member who is settled in a designated regional area. It has a 45 year age limit and requires a positive skills assessment.

The visa validity period is 5 years. Conditions, namely 8579 will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas and if employer sponsored, only in the nominated position. Visa holders can move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth.

Holders of the new provisional visas will also be unable to apply for most other skills based visas in Australia unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist. Additionally, similar to current arrangements for the subclass 457 and 482 visa program, holders of the new provisional visas can be negatively impacted by sponsor non-compliance.

The new permanent visa will be:

Subclass 191 Permanent Residence (Skilled Regional): To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 491 or 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements.

Effect on current regional visas:

The Regional Sponsored Migration Scheme Visa (subclass 187) and the Skilled Regional (Provisional) Visa (subclass 489) will close to new applicants from November 16, 2019. Transitional arrangements will be put in place for applications which have been lodged and are undecided at that time, as well as applicants whose pathway currently targets the permanent Skilled Regional Visa (subclass 887).

Skilled Migration Changes:

The skilled migration points test will change from November 16, 2019. The changes will affect subclass 491 applicants as well as applications for other skilled migration visas that have not been assessed at that time (but only in a way that is beneficial for applicants, by providing additional points).

The new points details are:

• 15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;
• 10 points for a skilled spouse or de facto partner (Skills assessment and Competent English); OR
• 5 points for a spouse or de facto partner with ‘competent English’;
• 10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;
• 10 points for applicants without a spouse or de facto partner.

Summary:

• 14,000 places allocated each year
• 504 eligible occupations (77 more than closest non-regional equivalent visa).
• Replaces 489 family and state sponsored visas
• Must be sponsored by an eligible relative or state authority
• Points tested
• We do NOT know how many points needed yet
• Visa will be granted for initially 5 years
• Must live and work for 3 years in regional areas to get Permanent Residence (Skilled Regional) 191 Visa
• Will need to earn for those 3 years a minimum income each year (not announced yet)
• Can move between regions
• Cannot apply for any other skilled PR or 820 partner visa for 3 years
• Regional Australia is everywhere except Sydney, Melbourne, Perth, Brisbane, Gold Coast
• DHA Fee (main applicant) $4,045 and for spouse is: $2,025