Basic Eligibility
You must:
- be nominated to apply by a state or territory government agency, or an eligible relative must sponsor you
- have an occupation on a relevant skilled occupation list
- have a suitable skills assessment for the occupation
- be invited to apply
- satisfy the points test
Skilled Work Regional (Provisional) visa – Main applicant
This is a provisional visa. It is for skilled workers who want to live and work in regional Australia.
Can you do on the Skilled Work Regional (Provisional) visa?
On the Skilled Work Regional (Provisional) visa, you can:
- stay in Australia for 5 years from the date the Department of Home Affairs grant you the visa
- live, work and study in a designated region of Australia
- travel to and from Australia as many times as you want, while the visa is valid
- apply for permanent residence, if eligible, through the Permanent Residence (Skilled Regional) visa (subclass 191) – which starts on 16 November 2022. You can’t apply for other permanent visas until you have held your subclass 491 visa for 3 years.
Designated regional area
- You and all members of your family unit who are also holders of the visa, will need to live work and study in a designated regional area of Australia. Your nomination must not be withdrawn, or you will not be granted the visa.
Pathways to Permanent Residence
- If eligible, you will be able to apply for permanent residence through the Permanent Residence (Skilled Regional) visa (subclass 191) – which starts on 16 November 2022.
- Unless you have held your subclass 491 visa for 3 years, holders of the subclass 491 visa can’t:
- Make a valid application for a subclass 820 (Partner) visa
- Be granted any of the following visas:
How long you can stay in Australia?
The Skilled Work Regional (Provisional) visa (subclass 491) is a temporary visa. You can stay in Australia for 5 years from the date the Department of Home Affairs grant your visa.
Can you stay longer in Australia?
No – You can’t stay in Australia longer by extending this visa.
Can family be included on this visa?
You can include members of the family unit in your application. You can:
- include them when you submit your visa application
- add a dependent child after you submit but before the Department of Home Affairs decide on your visa application.
Family members who apply for the visa must meet the Department of Home Affairs health and character requirements.
Where can you apply for this visa?
You can be in or outside Australia, but not in immigration clearance when you apply for the visa and when the Department of Home Affairs decide on your application.
If you apply in Australia, you must hold a substantive visa or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be valid.
Your obligations
You and your family must comply with all visa conditions and Australian laws.
Where can you travel to?
You can travel out of Australia and return as many times as you want while the visa is valid.
The time you spend outside Australia does not extend the visa.
Visa label
The Department of Home Affairs will digitally link your visa to your passport. You will no longer receive a visa label in your passport – as this has been phased out.
What are the eligibility requirements for the Skilled Work Regional (Provisional) visa?
Be invited to apply
You can only apply for this visa if the Department of Home Affairs invites you to.
Submit an expression of interest (EOI) in SkillSelect to let the Department of Home Affairs know you would like to apply for the visa.
Indicate if an eligible relative is going to sponsor you for this visa or if you want a state or territory government agency to nominate you.
Be nominated or sponsored
You must be either nominated by an Australian state or territory government agency or indicate that you will be sponsored by an eligible relative.
Submit an expression of interest (EOI) for the visa to get an estimate of your points score.
If you score enough points, state and territory government agencies can see your EOI and might nominate you for the visa.
If you indicate in your EOI that you will be sponsored by an eligible relative the Department may invite you to apply for a visa in an invitation round.
Age requirement
You must be aged under 45 to be invited to apply for the visa. You can still apply for the visa if you turn 45 after the Department of Home Affairs invite you to apply. If you turn 45 after you submit your EOI but before the Department of Home Affairs invite you to apply you will not receive an invite.
Have a suitable skills assessment
For your application to be valid, you must declare that you have a suitable skills assessment at time of invitation. You will need to provide a copy of this skills assessment with your application.
Your skills assessment must have been obtained in the 3 years before the date of your invitation. If the assessment validity was for a shorter period, that period must not have passed.
If your skills were assessed on the basis of a qualification you got in Australia when you held a student visa, the qualification must be from studying a course registered on CRICOS.
Be able to score 65 points or more
The subclass 491 is a points-tested visa.
When you submit your EOI in SkillSelect, you will be given an indicative points score based on the claims you have made. If you do not obtain a score of 65 points you will not be invited to apply for this visa.
If you’re invited to apply for the visa, your invitation will state the number of points that you must score when the Department of Home Affairs assess your application for grant of the visa (this score may be higher than 65 points, depending on your claims in the EOI).
When you lodge your application, you must provide evidence supporting your claims.
English language requirement
At the time of invitation, you must have at least Competent English to pass the language requirement for this visa.
Skills requirement
Your occupation must be on the combined list of eligible skilled occupations for a Skilled Regional (subclass 491) visa.
Health requirement
You and any family members who apply for this visa with you must meet the Department of Home Affairs health requirement.
If requested, family members who don’t accompany you to Australia may also be subject to the health requirement.
Character requirement
You and any family members aged 16 years and over who apply for the visa with you, must meet the Department of Home Affairs character requirement.
Debts to the Australian government
If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
Have you had a visa cancelled or a previous application refused in Australia?
If you have had a visa cancelled or a previous visa application refused, you may not be eligible for this visa.
Discuss your migration options with our team of registered migration agents to see how we can assist you.
What happens once the Skilled Work Regional (provisional) visa is granted?
Can you stay longer in Australia?
You can’t stay in Australia longer by extending this visa. You must apply for a new visa if you want to stay longer.
Working in Australia
You can work in any occupation and for any employer, in line with the work and residence conditions attached to your visa.
You will need to live and work in an area specified as a designated regional area
You are protected by Australian workplace law.
Are you wanting to apply for the Skilled Work Regional (Provisional) visa?
If you have read through the above information on the Skilled Work Regional (Provisional) visa and would like to apply, talk to our team of registered migration agents today.
Skilled Work Regional (Provisional) visa – Subsequent entrant
This visa is for a member of the family unit of someone who holds a Skilled Work Regional (Provisional) visa (subclass 491).
What can you do on the Skilled Work Regional (Provisional) visa?
On the Skilled Work Regional (Provisional) visa, you can:
- stay in Australia while the visa is valid
- live, work and study in a designated region of Australia
- travel to and from Australia as many times as you want, while the visa is valid
- apply for permanent residency, if eligible, through the Permanent Residence (Skilled Regional) visa (subclass 191)
Designated regional area
You will need to live, work and study only in a designated area. These areas are defined by the Department of Home Affairs.
How long you can stay in Australia for?
The Skilled Work Regional (Provisional) visa is a temporary visa. You can stay until the visa that your family member holds ends.
Can you stay longer in Australia?
No – You can’t stay in Australia longer by extending this visa.
If you want to stay in Australia permanently, you might be eligible for a Permanent Residence (Skilled Regional) visa (subclass 191). If you would like to discuss your migration options and apply for the Permanent Residence (Skilled Regional) visa, contact us today.
Our team can definitely assist you with your visa application.
Can you include family on the visa?
You can include members of the family unit in your application. You can:
- include them when you lodge your visa application
- add a dependent child after you lodge but before the Department of Home Affairs decide on your application.
Any family members who apply for the visa must meet the Department of Home Affairs strict health and character requirement.
Family members not accompanying you to Australia might also need to meet our health and character requirements.
Where can you apply from?
You can be in or outside Australia, but not in immigration clearance when you apply for the visa and when the Department of Home Affairs decide on your application.
If you apply in Australia, you must hold a substantive visa or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be valid.
Your obligations
You and your family must meet all visa conditions and Australian laws.
Where can you travel?
You can travel out of Australia and return as many times as you want while the visa is valid.
The time you spend outside Australia does not extend the visa.
Visa label
The Department of Home Affairs will link your visa to your passport. You won’t get a physical visa label added to your passport.
What are the eligibility requirements of the Skilled Work Regional (Provisional) visa – subsequent entrant?
Have this visa
You must:
- be one of the members of the family unit, of a subclass 491 visa holder.
- If you are in Australia when you lodge your application you must hold a substantive visa or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa.
English language requirement
You and family members aged 18 years or older who are applying for the visa with you must either:
- have at least functional English, or
- pay a second instalment fee
Health requirement
You and any family members who apply for the visa with you must meet the Department of Home Affairs health requirement.
If requested, family members not accompanying you to Australia might also need to meet the health requirement.
Character requirement
You and family members aged 16 years and over who are applying for the visa with you, must meet the Department of Home Affairs character requirement. Family members not accompanying you to Australia must also meet the character requirement.
Debts to the Australian Government
If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
Have you had a visa cancelled or a previous application refused in Australia?
If you have had your visa cancelled or a previous visa application refused in Australia, you may not be eligible for this visa.
Talk to our team today if you have had either of the above apply to you as it’s important to be transparent and honest when dealing with the Department of Home Affairs.
Are you wanting to apply for the Skilled Work Regional (Provisional) visa?
If you are wanting to apply for the Skilled Work Regional (Provisional) visa, talk to our team of registered migration agents today. Our team of registered migrations agents and immigration lawyers can discuss the best options available to you. Contact us today.