What is Subclass 491 Visa (Skilled Work Regional)? How Does 491 Visa Work?

Subclass 491 is a visa category designed for skilled workers and their families who wish to live and work in regional areas of Australia. Introduced by the Australian government, this visa subclass falls under the Skilled Work Regional (Provisional) visa category. It offers a pathway for skilled individuals to contribute to the economic development and growth of Australia.

The Subclass 491 visa encourages migration to regional areas, as these regions often face skill shortages and require a boost to their workforce. It provides an opportunity for skilled workers to explore new employment prospects, experience the unique lifestyle of regional Australia, and potentially even settle permanently in the country.

Application Location and Visa Status for Subclass 491 Visa

When applying for the Subclass 491 visa, you have the flexibility to submit your application from either inside or outside Australia. However, if you are applying within Australia, it’s essential to note that your application will only be considered valid if you hold a substantive visa at the time of application or one of the specified Bridging visas (Subclass 010, 020, or 030). These requirements ensure that your application aligns with the visa status criteria for onshore applicants.

Subclass 491 Visa Benefits

The Australian Subclass 491 visa is a temporary visa that allows you to live in Australia for five years. It gives you several benefits as follows:

1. Live, Work, and Study in a Designated Regional Area:

This visa allows you to live, work, and pursue your studies in a designated regional area of Australia. By doing so, you not only contribute to the regional community but also open doors to a unique Australian experience.

2. Multiple Travel Opportunities:

With the Subclass 491 visa, you have the flexibility to travel to and from Australia as many times as you wish while the visa remains valid. This provision ensures that you can maintain connections with your home country and explore the world during your stay in Australia.

Pathways to Permanent Residence via the Subclass 491 Visa

The Subclass 491 visa is not only a pathway to temporary residence in Australia but also offers a route to permanent residency for eligible applicants. Here’s a closer look at how you can transition from temporary to Australian permanent residence:

Permanent Residence (Skilled Regional) Visa (Subclass 191)

Starting on November 16, 2022, eligible holders of the Subclass 491 visa have the opportunity to apply for permanent residence in Australia through the Permanent Residence (Skilled Regional) visa (Subclass 191). This visa provides a pathway to establish long-term roots in Australia, granting you the security and benefits of permanent residency.

Timing is Key

However, there is an essential time limit to consider. You will not be able to apply for the Subclass 191 visa until you have had your Subclass 491 visa for at least three years. This three-year period acts as a probationary period during which you are required to fulfill the terms of your temporary Subclass 491 visa, such as staying and working in a specified regional area.

Limitations During the Probationary Period

It’s essential to be aware that during this 3-year probationary period, there are certain limitations on your visa options:

1. Subclass 820 (Partner) Visa:

Holders of the Subclass 491 visa who have not completed the 3-year requirement are unable to make a valid application for a Subclass 820 Partner visa. This limitation is in place to ensure that the conditions of the Subclass 491 visa are met before applying for a partner visa.

2. Other Permanent Visas:

Additionally, during the initial 3-year period, Subclass 491 visa holders are not eligible to be granted the following permanent visas:

1. Subclass 132 (Business Talent)
2. Subclass 186 (Employer Nomination Scheme)
3. Subclass 188 (Business Innovation and Investment – Provisional)
4. Subclass 189 (Skilled – Independent)
5. Subclass 190 (Skilled – Nominated)
6. Subclass 858 (Distinguished Talent)

These limitations aim to encourage adherence to the temporary visa’s regional requirements before considering other pathways to permanent residency.

Duration of Stay for the Subclass 491 Visa

The Subclass 491 visa is a temporary visa that allows you to stay in Australia for a set period. Here are the details regarding the duration of your stay:

1.      5 years from Visa Grant Date:

You can stay in Australia for up to 5 years after getting your Subclass 491 visa. This time begins on the visa issue date.

2.      No Extension Option:

It’s important to note that this visa cannot be extended to allow for a longer stay in Australia. Once the 5-year period elapses, you must explore other visa options if you wish to continue your stay in the country.

Designated Regional Area Requirement

A condition of the Subclass 491 visa is that you, along with all members of your family unit included in the visa application, must live, work, and study in a designated regional area of Australia. Your nomination by a state or territory government agency or an eligible relative must not be withdrawn during your stay, as it forms the basis of your visa eligibility.

Including Family Members in Your Application

The Subclass 491 visa allows you to include certain family members in your visa application. You have the flexibility to include them in your application at different stages:

When You Submit Your Visa Application

You can include family members, such as your spouse and dependent children when you initially submit your Subclass 491 visa application.

Adding Dependent Children After Submission

In some cases, you have the option to add dependent children to your application after you have already submitted it but before the Australian authorities decide on your visa application. This can be particularly helpful if your family circumstances change during the processing period.

It’s important to be aware that family members included in your Subclass 491 visa application must meet specific health and character requirements.

Family Members Not Accompanying You

In some instances, family members might not be planning to come with you to Australia, either because they already hold Australian citizenship or permanent residency, or due to other circumstances. If this is the case, it is advisable to provide a clear explanation or reason for their exclusion from your visa application. This helps Australian authorities understand your family’s situation and ensures proper visa processing.

Visa Cost for Subclass 491

The cost of the Subclass 491 visa varies depending on your circumstances:

• For the main applicant, the base fee starts at AUD 4,640
• Each family member included in the application incurs an additional charge.

The Visa Pricing Estimator is a useful tool for accurately estimating your overall visa costs. However, it’s important to note that this tool does not account for the second installment or other associated costs.

You might have to pay an extra charge of AUD2,320 for any applicant 18 years old or older who has less than functional English proficiency. This charge is called the second installment which is only payable upon request when the visa is approved. We ask for the charge only if we are going to grant the visa. Family members included in the Subclass 491 visa application need to pay a second installment charge of AUD 4,890.

Meeting Eligibility Criteria for Australian Subclass 491 Visa

The Australian Subclass 491 visa provides a route to live and work in Australia. Applicants must fulfill a specific set of requirements to get approval for this visa. Here is a thorough overview of the criteria for eligibility:

1. Invitation to Apply: You must receive an official invitation based on your Expression of Interest (EOI) in the Skill Select system and Points Test score.
2. Nomination or Sponsorship: You need to be nominated or sponsored by a government agency or eligible relative in a designated regional area.
3. Age Requirement: Applicants must be under 45 years old when invited to apply.
4. Skills Assessment: You must undergo a skills assessment relevant to your nominated occupation.
5. Points Test: Score at least 65 points on the Points Test, which considers age, English proficiency, work experience, and qualifications.
6. English Language Proficiency: Meet the required English language proficiency level.
7. Skills Requirement: Your skills must align with an occupation on the skilled occupation list.
8. Health Requirement: You and your family members must meet health standards.
9. Character Requirement: Demonstrate good character with police clearance certificates.
10. Debt to Australian Government: Clear any outstanding debts to the Australian government.
11. Australian Values Statement: Sign the Australian values statement.
12. Visa History: No history of visa cancellation or refusal.

Meeting these eligibility criteria is crucial when applying for the Australian Subclass 491 visa. Keep in mind that visa regulations can change, so it’s essential to check the latest requirements and guidelines on the official Australian government website or consult with a registered migration agent for accurate and up-to-date information throughout the application process.

Essential Documents for Your Subclass 491 Visa Application

The documentation that you provide to back up your assertions and demonstrate your visa eligibility forms the basis of your application. A complete list of often-needed papers is listed below:

1. Passport copies for all applicants.
2. Birth certificates or identity documents.
3. Proof of English language proficiency (if required).
4. Skills assessment results.
5. Proof of nomination or sponsorship.
6. Evidence of meeting the regional area requirement.
7. Police clearance certificates.
8. Health assessments (if applicable).

What Happens When Skilled Work Regional Visa Application is Processed?

After the Australian Department of Home Affairs processes your Subclass 491 visa application, you will be notified in writing, whether you are in or out of Australia at the time. If your visa is approved, you will get a visa grant number, a start date, and any applicable limitations. You must keep a copy of this decision.

If your visa application is denied, you will get reasons for the rejection as well as information on your review options.

If the department denies your application, you will not get any refund on your visa fees. This decision has a significant influence on your goals, so be sure you completely comprehend the consequences.

Should I Need to Contact the Australian Department of Home Affairs About Changes?

You must inform the Australian Department of Home Affairs about any changes to your contact details (phone, email, address, or passport), and changes in your relationship status (such as marriage or separation). Furthermore, you must tell them about the birth of a child while you hold a Subclass 491 visa. Staying updated with these changes is crucial to ensure the accuracy of your visa and compliance with regulations.

When You Are Leaving Australia

Before departing Australia, there are essential steps to follow for a smooth exit. Firstly, ensure you possess a valid passport or equivalent travel document for your departure and potential return.

Furthermore, if you’re leaving Australia with no plans to return, it’s advisable to claim your superannuation, which is a form of retirement savings. You’re likely to have accumulated superannuation if you worked in Australia and meet specific criteria: being 18 years or older and having earned at least AUD450 before tax in a month.