Individuals with in demand skills can apply for a temporary visa with the nomination of an Australian State/Territory, or a relative that is usually resident in a designated regional area.
The 491 allows the holder to live and work in a "designated regional area", with a pathway to permanent residency if certain residency/income criteria are satisfied. See if you qualify below.
Skilled Regional (Subclass 491) visa
The Subclass 491 visa is a points tested visa application, giving the holder a 5 year temporary visa with pathways to permanent residency. Although anyone can submit an expression of interest (EOI) through Skill Select, it is an invitation only application where you need to either (a) be sponsored by an eligible Australian relative or (b) be nominated by an Australian State/Territory. Each State/Territory have differing nomination criteria including their own occupation lists, and differing criteria such as job offers in their State/Territory, certain years of work experience, or certain levels of English.
Target Market
- This visa is aimed at attracting individuals with skills in demand by the relevant Australian State/Territories, to enable them to apply directly for permanent residency. Those visa applicants are expected to commit to remaining in the nominating State/Territory for at least two years from the grant of the visa.
Process
- ensure you have evidence of the points you claim and submit an expression of interest (EOI) through Skill Select;
- if pursuing the State/Territory nominated pathway – apply for State/Territory nomination (this process varies from State/Territory to State/Territory);
- wait until you are invited to apply for the visa;
- submit a valid visa application within 60 days of your invitation; and
- wait for processing until visa grant.
General eligibility
- be invited to apply for this visas and either be:
- sponsored by an eligible relative that is usually resident in a designated regional area; or
- nominated by an Australian State/Territory;
- be under the age of 45;
- have a suitable skills assessment in an occupation on the relevant skilled occupation list (see here);
- score a minimum of 65 points on a points test (though pragmatically the actual score required to receive an invitation is often much higher);
- demonstrate a “competent” level of English; and
- satisfy health and character requirements.
Eligibility
Skilled Regional (Subclass 491) visa
There are certain minimum eligibility requirements for the visa, most of which need to be met at the time you receive an invitation to apply for the visa. It’s very important that you review these requirements to ensure that there are no issues when you apply for the visa itself following invitation.
Skills assessment
- a skills assessment is a process undertaken by an authorised third party “skills assessing authority”, who will assess your qualifications and/or work experience to determine if your qualifications, skills and experience are suitable for migration to Australia;
- in the legislative instrument with the occupation lists, you can find the corresponding skills assessing authority for that occupation (see here);
- common skills assessing bodies including Engineers Australia (for Engineering occupations), the Australian Computer Society (ACS) (for IT-related occupations), Trades Recognition Australia (TRA) (for trade occupations), and VETASSESS (for a lot of broader “white collar” occupations).
English
- to be eligible for the Subclass 491 visa, you must have a minimum level of “competent” English. Typically unless you have one of 5 passports, it means that you will need to sit an English test. If you obtain higher scores, you would be eligible for further points;
- see our article here for further information about the scores required. English tests are normally valid for three years, and must be valid at the time of invitation.
Points score
- you will need to have a minimum point score of at least 65 points to be eligible for this visa. Points are allocated based on favourable attributes such as age, English language ability, qualifications, years of work experience, study in Australia, partner English/qualifications, and others. You can see the points table on the Department’s website here;
- the point score required to receive an invitation depends on the individual State/Territories, and certain point scores that would receive the nomination in one State/Territory may not in another.
State nomination
- the process to obtain the nomination of an Australian State/Territory then differs on the individual State/Territories. For example, some State/Territories require you to:
- make an application directly for their nomination;
- submit a Registration of Interest (ROI) first, where you then need to be invited to apply for their nomination; or
- simply require you to indicate in your EOI that you’re interested in the nomination of a particular State/Territory, and they would choose their own candidates (you cannot make a direct application for their nomination).
- typically to secure the nomination of an Australian State/Territory, you are expected to commit to remaining in their State/Territory for at least two years from the grant of the visa.
Sponsored eligible relative
- be at least 18 years old;
- be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen;
- be usually resident in a designated regional area;
- be related to the applicant (or the applicant’s spouse/partner – if they are also an applicant for the visa) as:
- a parent;
- a child / step-child;
- a sibling (including adoptive or step siblings);
- an aunt/uncle ( (including adoptive or step aunt/uncles);
- a nephew/niece ( (including adoptive or step nephew/nieces);
- a grandparent; or
- a first cousin;
- agree to sponsor you and each member of the family unit who is also an applicant for the Subclass 491 visa;
- the eligible relative will need to provide a signed Form 491FS, and appropriate evidence to show that they are an Australian citizen/PR (or eligible NZ citizen), and usually resident in a designated regional area.
Occupation
- To be eligible for the Subclass 491 visa, you need to nominate an occupation listed on the:
- Medium to Long Term Strategic Skills List (MLTSSL) – if pursuing the eligible relative sponsored pathway; or
- MLTSSL, Short Term Skilled Occupation List (STSOL), or Regional Occupation List (ROL) – if pursuing the State/Territory sponsored pathway;
- these occupation lists represents occupations with which they are recognised skill shortages in Australia. You will need to obtain a skills assessment in your nominated occupation (see below).
- you will need to obtain a skills assessment in your nominated occupation;
- it is worth noting that each State/Territory also often maintain their own list of occupations that they are willing to nominate. There may be some strategy regarding which occupation to pursue, depending on which State/Territory you are intending to seek the nomination of.
Invitation
- you cannot apply for the Subclass 491 visa immediately. To be considered, you would need to first submit an Expression of Interest (EOI) via SkillSelect. The process then differs depending on whether you are pursuing the sponsored relative route, or the State/Territory nomination route;
- for the sponsored relative route, the Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently the Department conduct invitation rounds quarterly (every 3 months);
- for the State/Territory nominated route, you will need to receive the nomination of an Australian State/Territory, the process for which differs depending on the State/Territory;
- irrespective of the route you take, if successful you receive an invitation via SkillSelect to then apply for the visa. From that point you will have 60 days to apply for the visa itself or your invitation will expire;
- see the “Process” tab for further information about the process.
Visa eligibility
- be invited to apply for this visa (and apply within 60 days of invitation);
- either be:
- sponsored by an eligible relative that is usually resident in a designated regional area; or
- nominated by an Australian State/Territory;
- be under the age of 45;
- have a suitable skills assessment in an occupation on the:
- Medium to Long Term Strategic Skills List (MLTSSL) – if pursuing the eligible relative sponsored pathway; or
- MLTSSL, Short Term Skilled Occupation List (STSOL), or Regional Occupation List (ROL) – if pursuing the State/Territory sponsored pathway;
- score a minimum of 65 points on a points test (though pragmatically the actual score required to receive an invitation is often much higher)
- demonstrate a “competent” level of English; and
- satisfy health and character requirements.
- all of the above criteria need to be met at the time of invitation, other than the health and character requirements.
Documents
Skilled Regional (Subclass 491) visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity and your occupation. Your Hannan Tew advisor will provide you with a link to the Hannan Tew portal which will set out the specific documents required.
General documents
- your passport biodata page
- evidence of relationship to family members included in your application (such as birth certificates and marriage certificates)
- evidence you have a “competent” level of English, at the time you are invited to apply for the visa
- evidence of a suitable skills assessment, at the time you are invited to apply for the visa
- evidence of your qualifications (if claiming points); and
- evidence of your employment history (if claiming points), such as employment reference letters and evidence that it was paid (such as payslips or tax documents)
- evidence of other things that points are claimed for (i.e. NAATI accreditation, partner’s English + skills assessment, satisfying Australian study requirement)
- police clearances from any country you have lived in for 12 months or more in the last 10 years
- evidence of an Australian State/Territory nomination OR signed Form 491FS if sponsored by eligible relative (and appropriate evidence) and
- registration, licensing and professional membership certificate (as relevant)
Process
Skilled Regional (Subclass 491) visa
Unlike many visas to Australia, you cannot apply for the Subclass 190 visa directly. There is a particular process which must be followed, including applying for an expression of interest (EOI) and subsequently being invited to apply for the visa. There are certain nuances around the process including submission of the EOI, how often invitations are conducted, timing to apply for the visa, and others which are outlined further on the right side of this page.
Gathering the documents
To ensure that you have the correct points score, and are ready to lodge your visa application as soon as possible after receiving an invitation, we strongly recommend collating all the documents for your Subclass 491 visa before submitting the expression of interest (EOI).
This ensures that you are able to sufficiently evidence everything that you’ve claimed points for, and the subsequent visa application process goes as smoothly as possible.
Submitting an EOI
Once you’ve correctly calculated your points to satisfaction, you will need to submit an Expression of Interest (EOI) for the Subclass 491 visa via SkillSelect. The EOI effectively will have your details including name, point score, and date of submission.
Once you’ve submitted an EOI, it remains in the Department’s system for up to two years. You can update your EOI as appropriate, otherwise it will also automatically update your points in certain circumstances (for example, if you move into a different age bracket, or your years of work experience increases).
Sponsorable eligible relative
For those pursuing the sponsored eligible relative route, the Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently the Department conduct invitation rounds quarterly (every 3 months).
If selected, you will receive an invitation through SkillSelect to then apply for the visa. You should also receive an email notifying you of this. This invitation is valid for 60 days, and you will need to apply for the Subclass 491 visa before then.
State nomination / invitation
Depending on the process for the particular State/Territory you are interested in receiving the nomination from, after you’ve submitted your EOI you should follow the appropriate procedure to secure State/Territory nomination.
That may be as simple as indication in your EOI that you’re interested in a particular State/Territories nomination, or it may involve making an application to the State/Territory in question. Please double check the criteria for each State/Territory that you are interested in pursuing the nomination from.
Upon the State/Territory agreeing to nominate you, you will receive an invitation through SkillSelect to then apply for the visa. You should also receive an email notifying you of this. This invitation is valid for 60 days, and you will need to apply for the Subclass 190 visa before then.
Applying for the visa
After receiving an invitation, the next step is to apply for the Subclass 491 visa application itself. You should ensure that all your documents are still valid at the time of invitation invite, and then obtain things such as police clearances and undertake your health examination.
After application
The Department will send an acknowledgement letter once your application has been received.
The standard processing times for the Subclass 491 visa as at 31 January 2023 is that:
- 50% of State/Territory nominated visas are processed in 19 months;
- 75% of State/Territory nominated visas are processed in 28 months;
- 50% of Family Sponsored visas are processed in 7 months;
- 75% of Family Sponsored visas are processed in 10 months;
The Department will not provide any updates, either they will request further information from you or make a decision.
Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa. If you are in Australia during the application process, ensure you hold a valid substantive visa or Bridging Visa until the application is processed.
Be sure to advise the Department if there are any mistakes on your application but submitting a Notice of Incorrect Answers, or if your personal circumstances change after you have applied.
Visa outcome
The Department will advise you of the outcome of your Subclass 491 visa in writing, which confers permanent residency. If your visa application is successful, you will be advised of:
- your visa grant number
- the travel facility applicable to your visa (when it starts and ends)
- when you must make your first entry by (if you are overseas – typically one year from date of grant)
- any applicable visa conditions
Your visa will be electronically linked to your passport, so you won’t need to put a visa label in your passport or attend any embassy/high commission after approval. Generally it is a good idea to retain an electronic copy of the decision for when you arrive and whilst you live in Australia, you may need to provide it as evidence of your visa status.
Visa conditions
The Subclass 491 visa is granted subject to several conditions, including that the holder:
- must notify the Department within 14 days of a change to their employer’s address / employment location, contact details (address, phone, email etc.) or passport number;
- must continue to live/work/study in a part of Australia that was a “designated regional area” at time of visa grant;
- if requested, provide evidence of their residential or employment address within 28 days; and
- if requested, attend an interview.
491 visas
Frequently Asked Questions
How long is my skills assessment / English test valid for?
Both English test results and skills assessments must be valid at the time of invitation. Typically, an English test result is valid for 3 years and must be valid at the time of invitation. A skills assessment is ordinarily valid for 3 years unless the skills assessing authority specifies a shorter duration of time (for example ACS often specify 2 years).
Does submitting an EOI give me a Bridging Visa?
No – the EOI is not an application for a visa, so does not confer a Bridging Visa. If your current substantive visa is expiring and you want to stay in Australia, you would need to seek another visa.
How long will this process take?
It is difficult to advise accurately as this varies depending on:
- for the sponsored eligible relative route – the Department’s invitation rounds. Things such as how many EOI applicants there are, your point score, other candidates point scores, the number of invites issued, all affect the timing;
- for the State/Territory nominated route – things such as the State/Territories annual allocation, State/Territory priorities for the year, how many EOI applicants there are, your point score, and other candidates point scores, all affect the timing.
Once you receive the invitation however and apply for the visa, the processing times for the 491 visa itself are published by the Department here.
Do different occupations get invited on different point scores?
Yes – it is possible for certain occupations to be invited on higher or lower point scores that others. The Federal Government set the planning levels for each visa type, and then allocate State/Territories an allocation for the migration program year (1 July – 30 June).
Do I need to tell my employer that I'm applying for this visa / Do they get notified that I'm applying or have applied?
No. You do not need to notify your employer that you’re applying for this visa. The Department do not tell anyone that you’ve submitted an EOI or applied for this visa.
Does the Subclass 491 visa confer permanent residency?
No – it does not. The visa is 5 year temporary visa to live, study, and work only in a “designated regional area” of Australia.
It does however have a pathway to permanent residency via the Subclass 191 visa.
Do I need to be working in my nominated occupation before applying?
You do not necessarily need to be working in your nominated occupation before applying for the visa. It could impact your ability to obtain a skills assessment, State nomination, or your points calculation however.
Do I need to work in my nominated occupation after visa grant?
You do not necessarily need to work in you nominated occupation after grant. The visa is granted with no conditions.
Do I need to live in my nominating State/Territory?
This is not a condition of your visa – rather that you must simply reside in a part of Australia that was a “designated regional area” at the time of visa grant.
However, to secure the nomination of an Australian State/Territory, you are typically required to commit to living in their State/Territory for at least two years from the grant of your visa.
As the holder of a Subclass 491 visa, can I apply for a further visa?
It depends – certain visas such as the Subclass 189/190 visas cannot be granted to a Subclass 491 visa holder unless they held the Subclass 491 visa for at least 3 years at the time of application OR certain specified circumstances exist (presently there are no specified circumstances).
Similarly, you cannot make a valid application for a Partner (Subclass 820/801) visa unless you held the Subclass 491 visa for at least three years.
How does the Subclass 491 visa transition to permanent residence?
The Subclass 491 visa has a pathway to permanent residency via the Subclass 191 visa. Broadly speaking, to be eligible for the Subclass 191 visa, you must:
- hold the Subclass 491 visa for at least three years;
- have complied substantially with the conditions that apply to your Subclass 491 visa (and any subsequent bridging visas); and
- provide copies of notices of assessment in relation to three income years, and in each of those three years your income was equal to at least $53,900.
Can I include my family in my Subclass 491 visa?
Yes, you generally can include your spouse/partner and children in your visa application. They will also receive a Subclass 491 visa.
There are specific requirements for children over the age of 18 to demonstrate dependency. Children 23 years or above cannot be included except in very limited circumstances.
I have a dependent partner, can they work?
Yes, your partner will have full work authorisation in Australia which means they can work for any employer.
Can my children study?
Yes. However, different States/ Territories in Australia have different requirements and fees may be applicable. We strongly recommend that you explore this with the education provider directly.
Should I just book my health examinations and obtain police clearances?
The Department have appointed particular panel doctors who are authorised to conduct health examinations for Australian visa purposes.
If the health examinations are not carried out by these individuals, they will need to be redone.
The Department also require specific police clearances.
Please wait for instructions from your HT advisor to ensure that you don’t unnecessarily incur any costs or loss of time.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
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