Subclass 491 vs 190: Know the Difference

October 13, 2023BY Sheraz

The Subclass 190 visa is for skilled immigrants who receive an invitation to relocate to Australia. Upon arrival, a state or territory sponsors them for the initial two years of their stay. This visa category relies on a points-based system and mandates that candidates meet specific qualification criteria.

Similarly, the Subclass 491 visa allows skilled immigrants to live and work in Australia. Under this visa category, candidates or their eligible family members are sponsored by a state or territory for the first three years after relocating to Australia. Like the Subclass 190 visa, the Subclass 491 visa follows a points-based approach and enforces specific eligibility requirements.

These visa options provide pathways for individuals and families looking to immigrate to Australia and contribute their skills and expertise to the country’s workforce.

Australia Subclass 190 Visa

The offshore Skilled-Sponsored Subclass 176 and onshore Subclass 886 visas have been replaced by the Skilled Nominated Subclass 190 visa. This new visa is a permanent one, but it does require nomination by an Australian state or territory. Subclass 190 is a points-based visa, and it provides holders with the opportunity to reside and work in any part of Australia.

Australia Subclass 491 Visa

The Skilled Work Regional (Provisional) Subclass 491 visa has replaced the Skilled Regional Subclass 489 visa. This new visa permits the holder to remain in Australia for five years. It serves as a promising route to gaining permanent residency, requiring the visa holder to spend three years in the regional area of state nomination before becoming eligible.

What is the Department of Home Affairs Australia?

The Department of Home Affairs (DoHA) in Australia oversees both of these state-sponsored immigration visas. To qualify for these visas, candidates must meet the eligibility criteria set by the sponsoring state or territory and the Department of Home Affairs. Successful applicants must have to reside and work in the regional area for a specified duration.

Similarities Between Subclass 190 and Subclass 491 Visas

Both Subclass 190 and Subclass 491 are General Stream Australia immigration state sponsorship visas, and they share several key similarities:

1. Age Requirement

Candidates for both visas must be under the age of 45 years.

2. Occupation

Subclass 190 applicants must have a nominated occupation listed in the Skilled Occupation List (SOL).
Subclass 491 applicants should have a nominated occupation on the regional Skilled Occupation List.

3. Skills Assessment:

Both visas require candidates to pass a skills assessment test specific to their nominated occupation.

4. English Proficiency:

Competent English language skills are a common requirement for both visas.

5. Points Requirement:

The minimum points requirement for both Subclass 190 and Subclass 491 is 65 points.

6. Health and Character Certifications:

Applicants for both visas must meet the prescribed medical, health, and character requirements.

7. Inclusion of Family:

Both visas allow applicants to include their partner and dependent children in the application.

8. Partner Sponsorship:

Applicants can sponsor their partners without any waiting period for both visas.

9. Invitation Guarantee:

With state nomination sponsorship approval, candidates for both visas are guaranteed an invitation.

10. Freedom to Work:

Holders of both visas have the freedom to work in their chosen occupation.

These similarities make both Subclass 190 and Subclass 491 appealing options for skilled immigrants seeking to move to Australia, with variations primarily related to the regional focus of the Subclass 491 visa.

Subclass 190 and Subclass 491 Visa Differences

Visa Status:

Subclass 190: This visa grants permanent residency in Australia upon approval.
Subclass 491: This visa allows you to live in Australian provincial regional areas.

Conditions:

Subclass 190: Holders of this visa enjoy permanent residency without the need to meet further conditions beyond the initial grant.
Subclass 491: Visa holders must fulfill specific requirements.

Restrictions:

Subclass 190: You have to live in a sponsoring state for two years.
Subclass 491: To apply for permanent residency in Australia after living in a regional area for about three years.

Medicare and Social Benefits:

Subclass 190: Permanent residents with this visa are entitled to Medicare and a full range of social benefits and services available to Australian citizens.
Subclass 491: During the provisional period, Subclass 491 visa holders don’t have access to Medicare and some social benefits.

These differences primarily revolve around the visa’s status, conditions, and restrictions, with Subclass 190 offering immediate permanent residency and fewer limitations, while Subclass 491 provides a pathway to permanent residency with certain provisional requirements.

Highlights of Australia Subclass 190 Visa

Here are some additional key points:

The State-Sponsored Subclass 190 Skilled Visa in Australia grants permanent residency. To apply, you submit an Expression of Interest (EOI), receive an invitation, and secure state nomination sponsorship, which adds 5 points to your application. With this visa, you can live and work in Australia permanently, sponsor eligible relatives, access healthcare through Medicare, travel in and out of Australia for 5 years, and, if eligible, apply for Australian citizenship.

Additional Important Points About Australia Subclass 491 Visa

Here are the key points about the Provisional State-Sponsored Subclass 491 Skilled Visa:

The Provisional State-Sponsored Subclass 491 Skilled Visa offers a pathway to Australia as a provisional temporary resident, and you must lodge an Expression of Interest (EOI) after receiving an invitation. Subsequently, you should obtain sponsorship either from an eligible relative or an Australian state or territory, which adds 15 points to your points total.

Additional Important Points About Australia Subclass 491 Visa

Holders of the Subclass 491 visa can:

Live in Australia for a maximum of 5 years.
Work and study in a specified region of Australia.
Travel in and out of Australia as many times as needed during the visa’s validity.
Bring your family members along with you.

This visa is intended for foreign skilled migrant workers who wish to work in Australia. Importantly, visa holders have the option to apply for the Skilled Regional (Permanent) Subclass 887 Visa after meeting the specified requirements.

Eligibility for State-Sponsored Skilled Visas

Subclass 190 Visa Eligibility:

To be eligible for the Subclass 190 Visa, you must meet the following criteria:

Nominated Occupation: Your occupation should be on the Australian State or Territory Skilled Occupation List (STSOL) for the specific state you intend to be sponsored by.

Location: You can apply for this visa both onshore and offshore unless specific visa conditions are preventing onshore applications.

Additional Eligibility Criteria:

Character Certificate: You should provide a character certificate as part of your application.
Medical and Health Certificates: Fulfill the required medical and health assessments.
English Language Proficiency: Demonstrate English language proficiency by meeting the prescribed score.
Recent Work Experience: Possess recent and relevant work experience in your nominated occupation.
Age Requirement: Be 18 years of age or older.
Knowledge of Australia: You should have read the “Life in Australia” booklet and committed to respecting Australian values and way of life, as stated in the Australian Values Statement.

Meeting these eligibility requirements is essential to qualify for the Subclass 190 Visa, which is a state-sponsored skilled visa for immigration to Australia.

Subclass 491 Visa Eligibility

To be eligible for these visas, applicants must meet the requirements specific to their nominated occupation in the state or territory where they intend to be sponsored. Additionally, they need to have a nominated occupation on the Australian Skilled Occupation List for the state they wish to be sponsored by. Applicants can submit their applications from within Australia or outside the country unless there are visa-specific conditions that prevent applying within Australia.

Other essential eligibility criteria include:

Have a nominated occupation on the relevant state’s occupation list and the Australian Skilled Occupation List.
Apply onshore or offshore, unless visa conditions prohibit onshore applications.
Meet character, medical, and health requirements.
Satisfy English language proficiency.
Possess recent work experience.
Be 18 years or older.
Read and understand the “Life in Australia” booklet.
Commit to Australian values and laws by signing the Australian Values Statement.

How to Submit a State-Sponsored Skilled Visa Application?

Subclass 190 Visa

Here’s a step-by-step guide for applying for the Subclass 190 Visa:

Complete a skills assessment test through a recognized authority.
Send in your Expression of Interest (EOI).
Await an invitation and then apply for state sponsorship.
Apply to the Department of Home Affairs (DoHa) once state sponsorship is approved.
Submit your visa application within 60 days of receiving the invitation.

Subclass 491 Visa

Here’s a step-by-step guide for applying for the Subclass 491 Visa:

Complete a skills assessment test through a recognized authority.
Submit an Expression of Interest (EOI).
Wait for an invitation to apply for sponsorship.
Secure sponsorship from settled PRs, Australian citizens, or a state.
Apply to the Department of Home Affairs (DoHa) and obtain state sponsorship approval.
Submit your visa application within 60 days of receiving the invitation.

Visa Cost for Subclass 190 and Subclass 491 Visas

Here’s the cost table for Subclass 190 and Subclass 491 visas:

Subclass 190 & 491 Visa Fees

Main Visa Applicant: AU$4,115
Spouse of the Main Visa Applicant: AU$2,055
Child of the Main Visa Applicant: AU$1,030

Please be aware that these fees can change, so it’s essential to verify the most current information from official sources or the Department of Home Affairs.

What is the Processing Time for Subclass 190 and Subclass 491 Visas

Here are the processing times for the Subclass 190 and Subclass 491 visas:

Subclass 190 Visa:

75% of visa applications are processed in 6 months.
90% of visa applications are processed within 8 months.

Subclass 491 Visa:

Approximately 75% of visa applications are processed within 7 months.
90% of visa applications are processed within 8 months.

Please note that these processing times are approximate and can vary depending on various factors. It’s advisable to check for the most current processing time information from official sources or the Department of Home Affairs.

Relocating Across States with Subclass 190 and Subclass 491 Visas

Moving States on Subclass 190 or Subclass 491 Visas is a decision that comes with certain considerations:

Moving States on Subclass 190 Visa:

The Subclass 190 visa is permanent, allowing freedom to live and work anywhere in Australia. However, moving states might impact citizenship and future visa applications. Discuss with the state government if considering moving before two years.

Moving States on Subclass 491 Visa:

The Subclass 491 visa is provisional and ties you to a designated regional area. Condition 8579 requires living in the specified region. Breaching conditions may lead to investigations regarding false information provided to the sponsoring state.

Condition 8559

Condition 8559 is a rule related to the Skilled Work Regional (Provisional) Subclass 491 Visa in Australia. It specifies that visa holders must live, work, and study in the designated regional area of Australia. While it allows movement between states or territories, it requires living within the region, state, or territory specified in the visa agreement.

The Department of Home Affairs (DoHA) aims to keep your initial objectives while receiving the visa. Breaching this visa condition might lead to DoHA investigations to verify if false information was provided to the sponsoring state or territory during the sponsorship process.