Skilled Work Regional (Provisional) Subclass 491 visa

16 November 2019 Significant modifications to the qualified migration program were announced by the Department of Home Affairs (DoHA). Three fresh subclasses of visas will also be implemented when some current subclasses of visas are closed. These fresh visas are called’ New Skilled Regional Visas’ collectively.

We will look at one of these visas-which would benefit visa applicants who have either been unable to obtain Subclass 189/190 invites or have families residing in Australia’s regional fields.

The visa will be implemented in order to improve the intake of migrants into regional fields. It is designed that any region excluding major towns such as Sydney, Melbourne, Brisbane, Gold Coast, and Perth be designated as a regional region at the beginning of November 16, 2019. In addition, the visa holder would be permitted to reside in any specified regional region and move between regional regions as well.

The Regional (Provisional) Visa for Subclass 491 Skilled Work-is a temporary visa and is awarded for 5 years. After three years, visa holders will be eligible for a permanent residence visa. Applicants for this visa must be nominated by a government agency of the Australian state or territory or sponsored by an eligible family member living in a specified regional region and be invited to apply for a visa after submitting an expression of interest (EOI).

The present 489 visa will be replaced by Subclass 491 Skilled Work Regional and will begin on 16 November 2019. The subclass is assigned 14,000 locations per year. 491 Visa is a qualified visa requiring either the nomination of a state government or the sponsorship of an eligible family member in a specified regional region. It has a restriction of 45 years and needs a favorable evaluation of abilities

Recently published legislation introduces changes to the General Skilled Migration Visa Points Test starting on November 16, 2019.

These changes are relevant to the existing Subclass 489,189 and 190 as well as the new Skilled Work Regional (Provisional) Subclass 491 visa, which will also start on November 16, 2019.

The changes to the points test will include:

• 10 points for Specialist Educational qualifications. Currently 5 points.
• 10 points for applicants with a skilled spouse or de facto partner (under 45 with Competent English, suitable skills assessment and with an occupation on the same skilled occupation list). Currently 5 points.
• 10 points for applicants who do not have a spouse or de facto partner or who have a spouse or de facto partner who is an Australian citizen or a Permanent resident (New)
• 5 points for applicants with a spouse or de facto partner who has competent English (New)
• 15 points for applicants who are nominated by a State or Territory government, or who are sponsored by a suitable family member. These points are relevant to applicants for a Subclass 489 visa or the new Subclass 491 visa. Currently 10 points.

When all points except partner qualifications are equal, invitations will be ranked in the following order:

• First: applicants with a skilled spouse or de facto partner.
• Equal First: applicants without a spouse or de facto partner.
• Second: applicants with a spouse or de facto partner who demonstrates Competent English but who does not have the skills to obtain skilled partner points.
• Third: Applicants with a spouse or de facto partner who is ineligible for either competent English or Skilled partner points.

How does the 491 visa leads to permanent residency?

The 491 is a five-year visa. You can access permanent residence through the Subclass 191 (Permanent Residence (Skilled Regional)) visa when the following is met:

1. You have lived, worked or studied in the designated regional area for at least three years, whilst holding a 491 visa, and
2. You can show earnings of at least $53,900 annually for three years. If you have a partner included in your 491 application, only one of you needs to show the three years of annual salary (through tax returns) at or above $53,900. Your partner can be the main applicant for the 191 visa if they can demonstrate meeting this requirement.

Transition arrangements: Key dates

10 September 2019	Final day for any state and territory government to nominate and for invitations to be issued for a subclass 489 visa.
15 November 2019	Final day for people who have been invited to apply for a subclass 489 visa to lodge a subclass 489 visa application.
16 November 2019	Applicants can lodge an EOI for the subclass 491 visa. State and territory governments can nominate and issue invitations to subclass 491 visa applicants. Applicants issued with an invitation can lodged a subclass 491 visa application.

 

Overall, these modifications in the 491 visa seem to give enhanced possibilities in regional Australia for qualified migrants. In the past, however, assurances of priority processing and a higher number of qualified occupations were only characteristic features of regional migration programs to have been gradually removed.

For fresh visa holders, this greatest negative is a longer wait for permanent residency. If you are eligible for the present subclass 489 visa, you should consider applying now as you will have to wait for an additional year before you are eligible for permanent residency. Unless you’re waiting to become qualified for your nominated job or want to settle.

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