491 Skilled Work Regional Visa

The subclass 491 Skilled Work Regional visa is a 5-year provisional (permanent residency pathway) visa for those people skilled in occupations appearing on Australian State, Territory, and Regional Agency (RDA)* skilled occupations lists, and who are willing to live and work in a designated regional area. Transition to the 191 permanent residency stage of the visa occurs once you can evidence 3 years total residence and employment in non-metro areas of Australia, and substantial compliance to your 491 visa conditions.

This visa requires sponsorship from a State, Territory or RDA for the ability to apply; and which you choose for nomination depends on a number of factors:

Flexibility

You cannot relocate to Brisbane, Sydney or Melbourne metro areas for the first 3 years, and you are generally expected to remain in your state or territory of sponsorship during that time

Availability

Whether your occupation is on an applicable State, Territory, or RDA Skilled Occupations List

Employability

Whether genuine employment opportunities can be evidenced for your selected area for sponsorship

Competition

Whether a State, Territory, or RDA ranks direct nomination applications / national expressions of interest on points

*Regional Agency (RDA) - means a Regional Development Australia committee who provides sponsorship at a sub-regional or municipal level; limited to NSW only.

If you are already familiar with the 491 Visa and would like to know specific sponsorship requirements for a particular State or Territory

Differences between the 190 Skilled Nominated & 491 Skilled Work Regional programs

The main difference between the subclass 491 Skilled Work Regional and the 190 Skilled Nominated programs is the number of points you receive toward your skilled points score for State or Territory sponsorship. A 190 nomination only provides you an additional 5 points, whereas you will obtain an additional 15 points for a 491 nomination for meeting the threshold 65 point score requirement for skilled migration.

Aside from the additional points for nomination, States, Territories and RDAs also provide a Family Sponsorship stream for the 491 visa. The Family Sponsorship steam can sometimes waive the requirement for evidence of genuine employment opportunities and your prior residence in the area. The Family Sponsorship stream is not available for the 190 visa.

However, in exchange for receiving additional points and the ability to use a family member for nomination, you will be required to live and work in non-metropolitan areas of Australia for the first 3 years of the visa. Generally, the expectation is that you will remain in the non-metropolitan area of the State or Territory that nominated you.

Basically, if you don’t meet the 65 point baseline score requirement for a 190 visa nomination, or don’t believe your score will be competitive enough for a particular occupation or state, and are prepared to live and work in non-metropolitan areas of Australia in the first 3 years, the 491 visa is your contingency plan.

Basic Eligibility Criteria

To qualify for a Subclass 491 visa, you must:

Nominate an occupation which appears on a State, Territory, or RDA Skilled Occupations List

Be under 45 years of age

Be eligible for at least 65 points on the Skilled Migration Points Test

Evidence an English result of at least IELTS 6 / PTE 50 on all components from no more than 3 years ago

Obtain a positive skills assessment for your occupation from no more than 3 years ago;

Receive an invitation to apply (ITA) from your nominated Australian State or Territory Sponsorship Authority, or from an RDA;

State & Territory-Dependent Eligibility Criteria
In Australia: some Sponsoring Authorities and RDAs may require evidence of residence, study or employment in a regional area of the applicable State or Territory
Outside Australia: some Sponsoring Authorities may require evidence of a more substantial period of employment experience, a higher level of English, and/or evidence of genuine employment opportunities in the applicable area of nomination.

Nominating a Skilled Occupation – State, Territory and RDA Skilled Occupations Lists

The occupations available for the Subclass 491 Skilled Work Regional visa really depend on each State or Territory’s needs for addressing labour shortages. Each State or Territory will collate a list of occupations from the Short-term Skilled Occupation List (STSOL) and present it to the public on their designated department website. The NSW Government also commission Regional Development Australia committees (‘RDA’s) to provide nominations at a sub-regional or municipal level, further increasing your opportunity for sponsorship.

Generally, there are also certain occupations identified by the State or Territory as ‘high priority’ or ‘critical’. Nominating these kinds of occupations may result in a lesser focus on your overall skilled points score or lessen the length of the residence and employment requirement – if these factors are part of the assessment criteria – and increase the likelihood for sponsorship. Some States and Territories also provide a Family Sponsorship stream for the 491 Skilled Work Regional visa which may enable sponsorship without having to provide evidence of genuine employment opportunities or substantial prior residence.

Cornerstones Law and Immigration have compiled our own specialty 491 Skilled Occupation Tier List based on feedback from industry, guidelines issued by the Australian government, and our own client-based experience, which identifies the most likely occupations for sponsorship in accordance with current Covid-19 high priority occupation and critical industry considerations.

Please click here to view our optimized 491/190 Visa Occupation Tier Lists for high priority occupations, as well as specific criteria for each State, Territory and RDA.

Skilled Points Requirement

The threshold skilled points score for 491 Skilled Work Regional visa eligibility is currently 65 points. Your skilled points score is calculated on a number of factors including, but not limited to, age, English ability, educational qualifications, Australian study, length of employment experience, relationship status, partner skills, and whether you can demonstrate proficiency in LOTE (Language Other Than English). You will also obtain additional points for the 491 sponsorship from the State or Territory.

In addition to the 65-point threshold requirement, some States or Territories will also rank applications for more popular occupations on the number of points to which you are entitled. The minimum skilled points score requirement for these occupations may increase – or decrease – from month to month depending on the level of interest, quota allocation, and labour demand for such occupations.

To determine your likely Skilled Points Score for 190 Visa purposes, please navigate here.

State Nomination & Sponsorship Requirements

The procedure for nomination and sponsorship applications vary across States and Territories. Sometimes, a person is required to apply directly to their selected sponsorship authority for consideration, while other times simply registering an Expression of Interest (EOI) on the national SkillSelect register is sufficient.

No matter the application procedure, there will be state and territory-specific eligibility criteria. Unless you are applying for nomination under the Family Sponsorship stream, some states and territories require evidence of current employment or a job offer. Even when prior residence or employment does not need to demonstrated, a comprehensive Commitment Statement, research into Genuine Employment Opportunities (GEO), and sometimes Labour Market Testing (LMT) and a State of the Industry Analysis' (SIA) for your occupation will be required for some 491 nomination applications. If applying from outside Australia, you may also be required to show a significant period of work experience or a higher level of English.

Cornerstones Law & Immigration specialize in 491 Skilled Work Regional Visa sponsorship applications, including providing comprehensive Commitment Statements, evidence of Genuine Employment Opportunities (GEO), Labour Market Testing (LMT), and State of the Industry Analysis' (SIA) to maximise the success of your 491 nomination application.

For more information on specific State, Territory or RDA residence, study and/or employment requirements for eligible occupations, please click here.

Skills Assessment Requirement

For any available occupation, a foreign national is required to have their skills assessed for suitability and Australian comparability. Depending on the occupation, sometimes an educational qualification is sufficient, while other times some post-education employment is also necessary. A positive skills assessment is required from the Skills Assessor designated for your occupation prior to receiving an invitation to apply for this visa. The Skills Assessment is usually undertaken just as soon as you identify your occupation on a State or Territory skills list and determine that your points score will be sufficient for sponsorship consideration. Please see here for more information on Skills Assessments.

Conditions & Visa Period

5 year Provisional Visa with the ability to transition to Permanent Residence after 3 years

Conditions:

8578 – you must notify the Department of any changes to your personal, residence, or work details (including new passports)
8579 – you must live, work, and study in designated regional area of Australia

Ability for transition to Permanent Residency – Subclass 191 Skilled Regional PR visa

For more information on transitioning to the Subclass 191 Skilled Regional PR Visa, please click here.

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Frequently Asked Questions

Disclaimer

If your question is not covered below, try ON DEMAND ANSWERS

Is my occupation available for a 491 sponsorship?

You will need to visit each State or Territory’s own designated department website to see a complete list of 491 eligible occupations they offer. Be mindful though, not every occupation listed will be allocated places for nomination. Instead, refer to our specialized 491/190 Skilled Occupation Tier Lists which have been optimized for nomination probability during the Covid-19 period and remainder of 2021. Click here to take a look.
What is my likely skilled points score for this visa?

For now, please refer to the Department of Home Affairs website to use their own interactive Skilled Points calculator for the 491 visa. (automated (for now department site open in new window)).
What is the difference between a 491 and 190 Visa?

The main difference between them is that a 491 is a provisional permanent visa, and the 190 is immediate permanent residency. As a provisional permanent visa, the 491 requires 3 years residence and employment in a non-metro area of Australia while holding the visa before being eligible for permanent residency. Essentially, the 491 Visa will be favoured by those foreign nationals who may only just meet the 65 point baseline score and have no issue with living in designated areas before being eligible for permanent residency. Another factor might be that a particular state or territory of interest does not offer 190 visa sponsorship to applicants located outside of Australia.
Do I need to demonstrate current employment or a job offer for the 491 Visa?

Generally yes, but it really depends on the selected State, Territory or RDA for nomination. Please see state dependent eligibility requirements by clicking here.

Can I use a Skills Assessment for one occupation for purposes of nomination in another occupation?

No you can’t. However, depending on the occupation, you may be able to obtain a skills assessment at a reduced cost if the assessment is with the same Skills Assessor and the occupation comes under the same Unit Group in the ANZSCO.
Can I add a partner to the 491 visa after it has been granted?

You can, but because the 491 visa offers skilled points for being single, the Department may be concerned about the nature of a relationship if it began soon after the grant of your 491 visa.
Case officers will closely review the declared relationship history in conjunction with the information provided in your initial 491 application regarding your relationship status. If the defacto or spousal relationship commenced sometime after the State, Territory or RDA nomination, but before a decision on the visa, you are required to notify the Department of this change in relationship circumstances.
Can I apply for a different visa once my 491 has been granted?

The purpose of Subclass 491 program is to direct foreign nationals towards non-metropolitan areas of Australia. For this reason, restrictions are in place to prevent Subclass 491 holders from transitioning to permanent visas that don’t have the residence restriction. There are exceptions, but generally a 491 visa holder cannot further apply for a partner, business, permanent employer sponsored or 190 PR visa. The 191 Skilled Regional PR visa is the preferred pathway toward permanent residence after 3 years of eligible residence and employment.

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