Subclass 491; Skilled Work Regional (Provisional)

Introduction:

1) A new Points-tested visa to assist regional Australia, for applicants with an eligible skilled occupation, nominated by a state or territory government agency or sponsored by an eligible family member residing in a designated regional area. It is intended that the designated regional areas, to be identified in a

The legislative instrument will include all of Australia except for Sydney, Melbourne, Perth, Brisbane and the Gold Coast.

2) This visa enables 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 3 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

Pathway to PR

Pathway to permanent residence Holders of this visa are eligible to apply for a subclass 191 – Permanent Residence (Skilled Regional) visa if:

• they have earned a minimum taxable income for three years as the holder of a regional provisional visa; and

• they have complied with the conditions of the regional provisional visa; particularly the requirement to live, work and study in a designated regional area of Australia. Dependent children are required to study in a designated regional area in order to meet visa conditions.

The Subclass 191 – Permanent Residence (Skilled Regional) visa will commence in November 2022.

Visa Conditions 491 Visa:

1) The visa holder to notify Immigration of any change, within 14 days of the change occurring, to the holder’s residential address, an email address of the holder, a phone number of the holder, the holder’s passport details, the address of an employer of the holder, or the address of the location of a position in which the holder is employed.

2) the visa holder is in Australia, they must live, work and study only in a designated regional area.

• If a visa holder chooses not to reside in regional Australia, this may result in cancellation of their visa.

• In addition, for a Subclass 191 visa to be granted to an applicant who held a regional provisional visa that was subject to condition 8579, the applicant must have complied with the condition.

• The amendments also limit regional provisional visas holders from being granted any permanent skilled migration visa unless they have held their regional provisional visa for at least three years.

• The purpose of this amendment is to ensure that people who apply for a regional provisional visa and thereby agree to stay in a designated regional area, rather than moving to an urban centre.

• They are free to travel throughout Australia without restriction.

Visa application fee:

The amounts are:

• the base application charge (payable by an applicant seeking to satisfy the primary criteria) is $3,755

• the additional applicant charge (payable by an applicant seeking to satisfy the secondary criteria whose application is combined with that of a primary applicant) is:

- for an applicant who is at least 18: $1,875
- for an applicant who is less than 18: $940

The table in paragraph 1241(2)(b) sets out the second instalment of the visa application charge, payable before the visa is granted. The amounts are:

• for an applicant who was at least 18 at the time of application, and is assessed as not having functional English: $4,890