Skilled Work Regional
Overview
Skilled Regional (Subclass 491) visa
Target Market
- This visa is aimed at attracting individuals with skills in demand by the relevant Australian State/Territories, to enable them to apply directly for permanent residency. Those visa applicants are expected to commit to remaining in the nominating State/Territory for at least two years from the grant of the visa.
Process
- Ensure you have evidence of the points you claim and submit an expression of interest (EOI) through Skill Select;
- If pursuing the State/Territory nominated pathway – apply for State/Territory nomination (this process varies from State/Territory to State/Territory);
- Wait until you are invited to apply for the visa;
- Submit a valid visa application within 60 days of your invitation; and
- Wait for processing until visa grant.
General Eligibility
- Be invited to apply for this visa and either be:
- sponsored by an eligible relative who is usually resident in a designated regional area; or
- Nominated by an Australian State/Territory;
- Be under the age of 45;
- Have a suitable skills assessment in an occupation on the relevant skilled occupation list (see here);
- Score a minimum of 65 points on a points test (though pragmatically the actual score required to receive an invitation is often much higher);
- Demonstrate a “competent” level of English; and
- Satisfy health and character requirements.
Eligibility
Skilled Regional (Subclass 491) visa
There are certain minimum eligibility requirements for the visa, most of which need to be met at the time you receive an invitation to apply for the visa. You must review these requirements to ensure that there are no issues when you apply for the visa itself following the invitation.
Skills Assessment
- Skills assessment is a process undertaken by an authorized third party “skills assessing authority”, who will assess your qualifications and/or work experience to determine if your qualifications, skills, and experience are suitable for migration to Australia;
- In the legislative instrument with the occupation lists, you can find the corresponding skills assessing authority for that occupation (see here);
- Common skills assessing bodies including Engineers Australia (for Engineering occupations), the Australian Computer Society (ACS) (for IT-related occupations), Trades Recognition Australia (TRA) (for trade occupations), and VETASSESS (for a lot of broader “white collar” occupations).
English
- To be eligible for the Subclass 491 visa, you must have a minimum level of “competent” English. Typically, unless you have one of 5 passports, it means that you will need to sit an English test. If you obtain higher scores, you will be eligible for further points;
- See our article here for further information about the scores required. English tests are normally valid for three years and must be valid at the time of invitation.
Points score
- You will need to have a minimum point score of at least 65 points to be eligible for this visa. Points are allocated based on favorable attributes such as age, English language ability, qualifications, years of work experience, study in Australia, partner English/qualifications, and others. You can see the points table on the Department’s website here;
- The point score required to receive an invitation depends on the individual State/Territories, and certain point scores that would receive the nomination in one State/Territory may not in another.
State nomination
- The process to obtain the nomination of an Australian State/Territory then differs on the individual State/Territory. For example, some States/Territories require you to:
- Make an application directly for their nomination;
- Submit a Registration of Interest (ROI) first, where you then need to be invited to apply for their nomination; or
- Simply require you to indicate in your EOI that you’re interested in the nomination of a particular State/Territory, and they would choose their candidates (you cannot make a direct application for their nomination).
- Typically to secure the nomination of an Australian State/Territory, you are expected to commit to remaining in their State/Territory for at least two years from the grant of the visa.
Sponsored eligible relative
- Be at least 18 years old;
- Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen;
- Be usually resident in a designated regional area;
- Be related to the applicant (or the applicant’s spouse/partner – if they are also an applicant for the visa) as:
- A parent;
- A child/step-child;
- A sibling (including adoptive or step-siblings);
- An aunt/uncle (including adoptive or step-aunt/uncles);
- A nephew/niece (including adoptive or step-nephew/nieces);
- A grandparent; or
- A first cousin;
- Agree to sponsor you and each member of the family unit who is also an applicant for the Subclass 491 visa;
- The eligible relative will need to provide a signed Form 491FS, and appropriate evidence to show that they are an Australian citizen/PR (or eligible NZ citizen), and usually resident in a designated regional area.
Occupation
- To be eligible for the Subclass 491 visa, you need to nominate an occupation listed on the:
- Medium to Long Term Strategic Skills List (MLTSSL) – if pursuing the eligible relative sponsored pathway; or
- MLTSSL, Short Term Skilled Occupation List (STSOL), or Regional Occupation List (ROL) – if pursuing the State/Territory sponsored pathway;
- These occupation lists represent occupations with which they are recognized skill shortages in Australia. You will need to obtain a skills assessment in your nominated occupation (see below).
- You will need to obtain a skills assessment in your nominated occupation;
- It is worth noting that each State/Territory also often maintains its list of occupations that they are willing to nominate. There may be some strategy regarding which occupation to pursue, depending on which State/Territory you intend to seek the nomination of.
Invitation
- You cannot apply for the Subclass 491 visa immediately. To be considered, you would need to first submit an Expression of Interest (EOI) via Skill Select. The process then differs depending on whether you are pursuing the sponsored relative route, or the State/Territory nomination route;
- For the sponsored relative route, the Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently, the Department conducts invitation rounds quarterly (every 3 months);
- For the State/Territory nominated route, you will need to receive the nomination of an Australian State/Territory, the process for which differs depending on the State/Territory;
- Irrespective of the route you take, if successful you receive an invitation via Skill Select to apply for the visa. From that point you will have 60 days to apply for the visa itself or your invitation will expire;
- See the “Process” tab for further information about the process.
Visa eligibility
- Be invited to apply for this visa (and apply within 60 days of invitation);
- Either be:
- Sponsored by an eligible relative who is usually resident in a designated regional area; or
- Nominated by an Australian State/Territory;
- Be under the age of 45;
- Have a suitable skills assessment in an occupation on the:
- Medium to Long Term Strategic Skills List (MLTSSL) – if pursuing the eligible relative sponsored pathway; or
- MLTSSL, Short Term Skilled Occupation List (STSOL), or Regional Occupation List (ROL) – if pursuing the State/Territory sponsored pathway;
- Score a minimum of 65 points on a points test (though pragmatically the actual score required to receive an invitation is often much higher)
- Demonstrate a “competent” level of English; and
- Satisfy health and character requirements.
- All of the above criteria need to be met at the time of invitation, other than the health and character requirements.
Documents
Skilled Regional (Subclass 491) visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity, and your occupation. Your Global Solicitors advisor will provide you with a link to the portal which will set out the specific documents required.
General Documents
- Your passport biodata page
- Evidence of relationship to family members included in your application (such as birth certificates and marriage certificates)
- Evidence you have a “competent” level of English, at the time you are invited to apply for the visa
- Evidence of a suitable skills assessment, at the time you are invited to apply for the visa
- Evidence of your qualifications (if claiming points); and
- Evidence of your employment history (if claiming points), such as employment reference letters and evidence that it was paid (such as pay slips or tax documents)
- Evidence of other things that points are claimed for (i.e. NAATI accreditation, partner’s English + skills assessment, satisfying Australian study requirement)
- Police clearances from any country you have lived in for 12 months or more in the last 10 years
- Evidence of an Australian State/Territory nomination OR signed Form 491FS if sponsored by eligible relative (and appropriate evidence) and
- Registration, licensing, and professional membership certificate (as relevant)
Process
Skilled Regional (Subclass 491) visa
Unlike many visas to Australia, you cannot apply for the Subclass 190 visa directly. There is a particular process that must be followed, including applying for an expression of interest (EOI) and subsequently being invited to apply for the visa. There are certain nuances around the process including submission of the EOI, how often invitations are conducted, timing to apply for the visa, and others which are outlined further on the right side of this page.
Gathering the Documents
To ensure that you have the correct points score, and are ready to lodge your visa application as soon as possible after receiving an invitation, we strongly recommend collating all the documents for your Subclass 491 visa before submitting the expression of interest (EOI).
This ensures that you can sufficiently evidence everything that you’ve claimed points for, and the subsequent visa application process goes as smoothly as possible.
Submitting an EOI
Once you’ve correctly calculated your points to satisfaction, you will need to submit an Expression of Interest (EOI) for the Subclass 491 visa via Skill Select. The EOI effectively will have your details including name, point score, and date of submission.
Once you’ve submitted an EOI, it remains in the Department’s system for up to two years. You can update your EOI as appropriate, otherwise, it will also automatically update your points in certain circumstances (for example, if you move into a different age bracket or your years of work experience increase).
Sponsor-able Eligible Relative
For those pursuing the sponsored eligible relative route, the Department will conduct invitation rounds cyclically during the migration program year (1 July to 30 June). Currently, the Department conducts invitation rounds quarterly (every 3 months).
If selected, you will receive an invitation through Skill Select to then apply for the visa. You should also receive an email notifying you of this. This invitation is valid for 60 days, and you will need to apply for the Subclass 491 visa before then.
State Nomination/Invitation
Depending on the process for the particular State/Territory you are interested in receiving the nomination from, after you’ve submitted your EOI you should follow the appropriate procedure to secure a State/Territory nomination.
That may be as simple as an indication in your EOI that you’re interested in a particular State/Territories nomination, or it may involve making an application to the State/Territory in question. Please double-check the criteria for each State/Territory that you are interested in pursuing the nomination from.
Upon the State/Territory agreeing to nominate you, you will receive an invitation through Skill Select to then apply for the visa. You should also receive an email notifying you of this. This invitation is valid for 60 days, and you will need to apply for the Subclass 190 visa before then.
Applying for the visa
After receiving an invitation, the next step is to apply for the Subclass 491 visa application itself. You should ensure that all your documents are still valid at the time of invitation invite, and then obtain things such as police clearances and undertake your health examination.
After application
The Department will send an acknowledgment letter once your application has been received. The standard processing times for the Subclass 491 visa as of 31 January 2023 are that:
- 50% of State/Territory nominated visas are processed in 19 months;
- 75% of State/Territory nominated visas are processed in 28 months;
- 50% of Family Sponsored visas are processed in 7 months;
- 75% of Family Sponsored visas are processed in 10 months;
The Department will not provide any updates, either they will request further information from you or make a decision.
Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa. If you are in Australia during the application process, ensure you hold a valid substantive visa or Bridging Visa until the application is processed.
Be sure to advise the Department if there are any mistakes on your application but submitting a Notice of Incorrect Answers, or if your circumstances change after you have applied.
Visa outcome
The Department will advise you of the outcome of your Subclass 491 visa in writing, which confers permanent residency. If your visa application is successful, you will be advised of:
- Your visa grant number
- The travel facility applicable to your visa (when it starts and ends)
- When you must make your first entry (if you are overseas – typically one year from the date of grant)
- Any applicable visa conditions
Your visa will be electronically linked to your passport, so you won’t need to put a visa label on your passport or attend any embassy/high commission after approval. Generally, it is a good idea to retain an electronic copy of the decision for when you arrive and whilst you live in Australia, you may need to provide it as evidence of your visa status.
Visa conditions
The Subclass 491 visa is granted subject to several conditions, including that the holder:
- Must notify the Department within 14 days of a change to their employer’s address/employment location, and contact details (address, phone, email, etc.) Or passport number;
- Must continue to live/work/study in a part of Australia that was a “designated regional area” at the time of visa grant;
- If requested, provide evidence of their residential or employment address within 28 days; and
- If requested, attend an interview.