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Australia’s regional migration program provides skilled migrants with a pathway from a provisional regional visa to permanent residence.
The key visas in this pathway are:
- Subclass 491 – Skilled Work Regional (Provisional) visa
- Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
- Subclass 191 – Permanent Residence (Skilled Regional) visa
The subclass 491 and 494 visas are temporary, five-year provisional visas that provide a pathway to permanent residence through the subclass 191 visa.
The pathway in simple terms
The regional pathway can be summarised as:
491 or 494 → 3 years of compliance → Subclass 191 → Permanent residence
The 491 and 494 are regional provisional visas, and visa holders are required to live and work in designated regional areas.
The designated regional areas are determined by the applicable postcode arrangements. The regional classification applies to both subclass 491 and subclass 494 visas. The applicant must have complied with the requirements of the provisional visa to be eligible for the permanent visa.
The applicant needs to ensure throughout the provisional period that they are:
- living in the required regional area;
- complying with visa conditions;
- meeting the relevant income requirements; and
- maintaining appropriate evidence of all of the above.
Subclass 491 – Skilled Work Regional (Provisional)
The subclass 491 visa is designed for skilled workers who are nominated by an Australian State or Territory government agency. Applicants can also be sponsored by an eligible family member, although places through the family-sponsored pathway are limited.
Applicants for this visa must be invited to apply and must satisfy the applicable requirements.
These include:
- being able to satisfy the Points Test applicable to the visa;
- having a suitable Skills Assessment in their nominated occupation;
- not having turned 45 at the relevant time; and
- having at least Competent English.
Once granted a visa, a subclass 491 visa holder must live, work and study in a designated regional area.
The visa is valid for five years and, if the relevant requirements are met, the visa holder may progress to permanent residence through the subclass 191 visa.
Subclass 494 – Skilled Employer Sponsored Regional
The subclass 494 visa is an employer-sponsored regional visa.
It enables regional employers to sponsor skilled workers where they are unable to source an appropriately skilled Australian worker for the position.
The subclass 494 visa has two main streams:
- the Employer Sponsored stream; and
- the Labour Agreement stream.
For the Employer Sponsored stream, the applicant must be nominated:
- By an employer who is a Standard Business Sponsor;
- For an eligible Skilled Occupation; and
- In a position that satisfies the applicable annual market salary rate and annual earnings requirements.
The nomination must also satisfy the applicable requirements relating to labour market testing and the regional location of the position.
The Applicant must
- Have a Skills Assessment in their nominated occupation;
- Have at least 3 years work experience;
- Not have turned 45; and
- Have Competent English Language.
For the Labour Agreement stream, the applicant must be nominated by an employer who is party to a Labour Agreement and must have a Skills Assessment in their nominated occupation.
A labour agreement may provide agreed concessions in relation to matters such as:
- the occupations that may be nominated;
- English language requirements;
- work experience;
- age; and
- salary or other nomination requirements.
Once granted a visa, a subclass 494 visa holder must continue to work for their nominating employer in a designated regional area.
The subclass 494 visa is also a five-year provisional visa and provides a pathway to permanent residence through the subclass 191 visa.
Subclass 191 – the permanent residence pathway
The subclass 191 visa is the permanent residence visa for eligible holders of regional provisional visas (both the 491 and 494 visas).
The Regional Provisional stream provides an independent permanent residence pathway for eligible subclass 491 and 494 holders.
Importantly, the subclass 191 visa does not require a new employer sponsor or State/Territory nomination.
Applicants for the Regional Provisional stream must have:
- held an eligible regional provisional visa for at least three years;
- complied with the conditions of their eligible visa; and
- met the applicable taxable income requirement for the required income years.