Skilled Work Regional (Provisional) Visa Subclass 491 Australia Immigration

Skilled Work Regional (Provisional) Visa Subclass 491 Australia Immigration

New Occupations List for 491 visa

Legislative Instrument – F2019L01402 –  Migration (Specification of occupations and Assessing Authorities Amendment (LIN 19/243: Subclass 491) Visas) Instrument 2019

Source: F2019L01402.pdf

Regional Areas announced for the new visas 13 11 2019

Source: LIN19217.pdf and LIN19217-Explanatory-Statement.pdf

Legislative Instrument – F2019L00578 – Migration Amendment (New Skilled Regional Visas) Regulations 2019.

Schedule 1 of the Instrument 

• Introduces the Subclass 491 Skilled Work Regional (Provisional) visa
• Closes the Subclass 489 Skilled – Regional (Provisional) subclass
• Amends the Schedule 6D Points Test for applicants sponsored by State/Territory Governments or family members residing in designated regional areas
• Commences 16 November 2019
• (14,000 places have been allocated to this visa subclass)

Two streams – State/Territory sponsored and family member residing in designated area sponsored

State/Territory sponsored stream

• Must be nominated by State/Territory Government
• Review rights for refusal to grant this visa to an offshore applicant will extend to State/Territory authorities under Part 5 – reviewable decisions

Family member sponsored stream

• Must be sponsored by a family member who is over 18 and is an Australian Citizen, Australian permanent resident or eligible New Zealand citizen
• Sponsor must be usually resident in a designated regional area
• Sponsor must be related to the primary applicant or their spouse or defacto partner
• Family member is defined as parent, child or step-child, brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or a grandparent; or a first cousin.
• Obligation to assist visa holder to the extent necessary, financially, with accommodation and to participate in AMEP English language program for 2 years

Applicant requirements

• Schedule 6D points test applies
• Must have been invited to apply
• Must not have turned 45 at time of application
• Must have skilled occupation on an applicable list and have a valid, suitable skills assessment
• Primary applicant must have competent English at time of application
• Must declare genuine intention to live, work and study in designated regional area
• Health PIC 4005 and character PIC apply to all primary applicants and members of family unit, whether applicants or not
• May apply and be granted inside or outside Australia, but not in immigration clearance
• Must be holder of substantive visa or BVA, BVB or BVC to apply onshore
• Temporary visa – five years validity
• Conditions 8578, 8579, 8580 and 8581 must be imposed
• VAC– Base application charge: primary applicant $3,755; additional applicant over 18 years: $1,875; under 18 years: $940
• Second VACinstalment if required – Less than functional English over 18 years: $4,890; any other applicant: nil
• Safe Haven Enterprise Visa holdersor past holders may apply for a Subclass 491 visa, subject to meeting prescribed requirements.

New Skilled Regional Visas – features

Designated Regional Areas

• At commencement of the new regional visas, it is intended that any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth will be designated as a regional area
• Regional visa holders may live in any designated regional area and can move between designated regional areas

Restricted from applying for other visas

Holders of Subclass 491 and Subclass 494 visas or who last held these visas, are restricted from applying for the following visas, unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist:

• Subclass 124/858 – Distinguished Talent
• Subclass 132 – Business Talent
• Subclass 186 – Employer Nomination Scheme
• Subclass 188 – Business Innovation and Investment
• Subclass 189 – Skilled – Independent
• Subclass 190 – Skilled – Nominated
• Subclass 820 – Partner (Temporary)