From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

Recent Updates

• Perth and Gold Coast added to eligible regional locations
• 491 and 494 visa holders eligible for Medicare
• Pass mark of 65 points confirmed for 491 visa
• Occupation list released for 494 visa

New skilled regional provisional visas (click for further information):

• Skilled Work Regional (Provisional) subclass 491 visa

• Skilled Employer Sponsored Regional subclass 494 visa

With a new permanent visa pathway:

• Permanent Residence (Skilled Regional) subclass 191 visa

Skilled Work Regional (Provisional) subclass 491 visa

What are the major changes?

• Supersedes the Skilled Regional (Provisional) subclass 489 visa.
• Time required to live and work in regional Australia in order to be eligible for permanent residency will increase (visa validity period will also increase from four years to five years). See subclass 191 visa below for further information.
• Access to an increased number of eligible occupations (over 500)
• Priority processing of applications (no further detail provided).
• Increase in points awarded for state nomination or family sponsorship (10 to 15), partner skills (5 to 10), partner English (5 to 10) and selected STEM occupations (5 to 10). Applicants without a spouse or de facto partner will receive an additional 10 points.
• Definition of regional Australia will be expanded and simplified to include all areas of Australia except the metropolitan areas of; Sydney, Melbourne, and Brisbane. The major change here is that Perth, the Gold Coast, Newcastle, Wollongong and the NSW Central Coast will now be eligible.
  
• Subclass 491 visa holders are eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines and accessing other health services. Medicare does not cover all health related expenses and limits of coverage do apply. Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit Medicare for further information.

What is staying the same?

• Applicants must still be nominated by a State or Territory government or sponsored by an eligible family member living in regional Australia.
• The minimum points pass mark will remain at 65 points.
• Applicants will still need to meet the overall points test, age, English language, skills assessment, character and health requirements.

Will I be eligible to apply for the new 491 visa?

The State or Territory nomination requirements are likely to be similar to those that are currently in place for the 489 visa. While State and Territory nomination requirements do vary, there are some common themes that can enhance your eligibility:

• Graduating from an institution in the State or Territory - currently available in South Australia, Tasmania, ACT (PhD), Northern Territory, Western Australia, and Queensland (Masters or PhD).
• Being currently employed in the State or Territory - currently available in South Australia, Tasmania, ACT, Northern Territory, Victoria, and Queensland.
• Have an immediate family member living in the State or Territory - currently available in South Australia and Tasmania.

Basically, if you are looking to get the 491 visa, a good starting point is to either:

• Study with an institution in regional Australia, or
• Get a job in regional Australia, which is also a possibility while holding a Temporary Graduate 485 visa.

Transition arrangements: Key dates

Our view

Overall these changes in the 491 visa appear to offer increased opportunities for skilled migrants in regional Australia. However, the assurances of priority processing and greater numbers of eligible occupations have been hallmarks of regional migration programs in the past only to have been gradually removed.

This biggest negative for holders of the new visa is a longer wait for permanent residency. If you are eligible for the current subclass 489 visa you should consider applying now as under the new visa you will need to wait an extra year before being eligible for permanent residency. Unless you are waiting for your nominated occupation to become eligible or wish to settle in one of the new areas defined as being in regional Australia, there is no reason to delay your application.

Skilled Employer Sponsored Regional (Provisional) subclass 494 visa

What are the major changes?

• Supersedes the Regional Sponsored Migration Scheme (Permanent) subclass 187 visa.
• Removal of up-front permanent residency and now a provisional visa with a requirement to live and work in regional Australia for three years to be eligible for the new subclass 191 visa (visa validity period is five years). See subclass 191 visa below for further information.
• Available in two streams, Employer Sponsored and Labour Agreement.
• Priority processing of applications (no further detail provided).
• Definition of regional Australia will be expanded and simplified to include all areas of Australia except the metropolitan areas of; Sydney, Melbourne, and Brisbane. The major change here is that Perth, the Gold Coast, Newcastle, Wollongong and the NSW Central Coast will now be eligible.
• Subclass 494 visa holders are eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines and accessing other health services. Medicare does not cover all health related expenses and limits of coverage do apply. Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit Medicare for further information.

What is staying the same?

• Applicants must still be nominated by an employer in regional Australia and meet age, English language, skills assessment, work experience, character and health requirements.
• Access to more occupations than the non-regional equivilent.

Will I be eligible to apply for the new 494 visa?

The key requirement here is to find an employer in regional Australia that is willing to offer you a suitable position for at least three years and also able to sponsor you for migration. The employer is responsible for lodging the visa application and it is expected that initial advice from a Regional Certifying Body will continue to be a requirement.

Our view

These changes in the 494 visa appear to offer increased opportunities for employers in regional Australia, but as stated above, the assurances of priority processing and greater numbers of eligible occupations have been hallmarks of regional migration programs in the past only to have been gradually undermined.

On the surface, the new visa looks very similar to that which it is replacing, making it look more like a re-branding exercise after a turbulent period of changes to the 187 visa.

The move from up-front permanent residency to at least a three-year wait may deter potential candidates, but a visa validity period of five years means that should be straightforward to achieve.

The biggest single issue with the existing visa has yet to be addressed – that nominees must have at least three years of relevant work experience in their occupation. This requirement is practically impossible for international graduates to meet, with many only eligible for a two-year post study work visa. Even with the introduction of an extra year of post-study work rights for international graduates in regional Australia, this requirement will still be incredibly difficult to meet.

Permanent Residence (Skilled Regional) subclass 191 visa

This is a new permanent residence visa that will operate in a similar way to the current Skilled Regional visa (subclass 887). This new visa will be introduced in November 2022 to accommodate those new skilled provisional visa holders commencing from November 2019.

What are the major changes?

• Applicants will need to hold one of the new skilled provisional visas 494 or 491 and demonstrate that they have lived and worked in regional Australia for at least three years. If you live or work in the metropolitan areas of Sydney, Melbourne, or Brisbane, you will be in breach of your provisional visa conditions and not be eligible to apply for the 191 visa.
• For 491 visa holders, applicants will need to have worked for at least three years in regional Australia and earnt a minimum annual salary of $53,900 for that period to be eligible. This is a major change to the previous subclass 887 requirement that the provisional visa holder worked full-time for a minimum of 12 months

What is staying the same?

• Remains an Australian permanent residency visa with all the associated benefits, with holders eligible for Australian citizenship after a specific period of time.
• Subclass 191 visa holders are permitted to live anywhere in Australia and are not restricted to just regional areas.

Will I be eligible to apply for the new 191 visa?

The key requirement for both 491 and 494 visa holders is that they continuously live and work in a regional area of Australia (everywhere except Sydney, Melbourne or Brisbane) for the entire duration of the visa. Just as important is the requirement that holders of either visa work for at least three years with an annual salary of at least $53,900 in order to be eligible for the subclass 191 visa. This requirement is built into the employment conditions of a subclass 494 visa holder, but subclass 491 visa holders will need to ensure that they find suitable employment and can provide the required evidence.

If you currently hold a 489 visa you will continue to be eligible for the 887 permanent residency visa after two years and will not be impacted by the new 191 visa and lengthier requirement.

Summary – Our view

The new visas are going to make it more attractive to migrate to regional Australia, especially for international students that will be enticed to study in those regions with a simpler pathway to the 491 visa.

The soon to be reclassified as regional areas will also experience a major boost – a location like the Gold Coast, for example, is only one hour by road from Brisbane and could be a very attractive option. With one of the most generous State or Territory occupation lists and with Adelaide still being a large city, South Australia will continue to be a very attractive option for international students looking to migrate to Australia.

The announcement that both subclass 491 and 494 visa holders will be eligible for Medicare is very welcome. Although most Australians still need to have their health care needs supplemented by private health insurance, the Medicare safety net will be beneficial to new migrants. The change also recognises that provisional visa holders typically become permanent residents and are australian taxpayers since thier arrival.

One of the biggest concerns is the new requirement for subclass 491 provisional visa holders to achieve permanent residency. Not only has the waiting time extended from two to three years, but the requirement that you work for at least three years with a minimum salary of $53,900 per annum could be a challenge.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Useful links:

Skilled Work Regional (Provisional) subclass 491 visa

Skilled Employer Sponsored Regional (Provisional) subclass 494 visa