Positives and negatives/ conditions and requirements

Negative aspects, No longer till PR!

People are often concerned about the length of time that it takes to get to PR for a 491.
Realistically, with the processing time for the 491 at 10, the further processing time for a 1913 years later, in total, it’s likely to take at least four years until you holding PR.
Buying property - more costs
You can buy property holding a 491 Visa, but you will have to ask for foreign investmen review board approval approval (FIRB).  And it is relatively easy to get FIRB approval for a primary residence. There is also extra stamp duty when buying a house as a temporary resident.

Positives of going for a 491:

Being able to work full time and for 8 am player and in multiple roles on a 491 is a major benefit.
If your Australian Visa is running out van for no one is an often a good option.
Other options to stay in Australia, may have negatives. For example, going for a student Visa involves the risk of refusal due to GTE,
Includes the cost of paying for the course and also will lead to limited work hours of 48 a fortnight. 
Employer-sponsored visas, such as the 482  you can only have one employer, and one type of occupation. The flexibility of a 491 for work purposes, maybe more attractive.

Click here to check the 491 Visa State & Territory Nomination Availability

The Skilled Work Regional (Provisional) visa, subclass 491, is a provisional visa that has a pathway to permanent residency. 

How can I get PR after the 491 visa?

The 491 visa is valid for 5 years.

You will be eligible to apply for the PR visa – Permanent Residence (Skilled Regional) visa, subclass 191, when you have

• held the 491 visa for 3 years, and
• complied with the conditions, and
• had a taxable income at or above TSMIT for at least 3 financial years.

 For more information, please visit our blog: 191 Visa - 491 to 191 PR Visa

What are the 491 visa conditions?

8579 - Must live/work/study in a designated regional area

This condition means that, while in Australia, you must live, work and study only in a part of Australia

A full list of designated regional areas is available on the Department of Home Affairs’ website immi.homeaffairs.gov.au/what-we-do/regional-migration/eligible-regional-areas

As this list may change from time to time, you should keep a copy of this information at the time relevant to your visa.

8580 - Must provide evidence of addresses

This condition means that, if requested, you must provide the Department of Home Affairs with evidence of any of the following within 28 days:

• your residential address
• the address of your employer/s
• the address where your job is located
• the address of your educational institution.

The request will be sent to 491 holders randomly.

8581 - Must attend an interview

This condition means that you must attend an interview with the Department of Home Affairs if you are invited to do so in writing.

8578 - Must notify of certain changes

You will have to notify the Department if there is any change of your address, passport, email, etc.

Once I have applied for the 491 Visa can I also Apply for the 189 or 190 Visa?

If you have the 491 visa granted, the answer is no.

It’s not possible to apply for the 189/190 Visa in the first three years of holding a 491 visa. 

Please see below for more information:

Restrictions on applying for other permanent visas.

It is intended that holders of a regional provisional visa (Subclass 491 or 494 visa) who comply with the conditions of their visa, access permanent residence by applying for the Subclass 191 visa. Legislative requirements for other visa Subclasses have been amended to ensure this intention is achieved.

Subclass 491 visa holders are unable to:

• make a valid application for a Subclass 820(Partner) visa unless they have held the Subclass 491 visa for three years;
• unless circumstances specified in a legislative instrument exist (at the date of publication of this document no circumstances were specified), be granted one of the following visas until they have held the Subclass 491visa for three years:
  • Subclass 132(Business Talent) visa
  • Subclass 186(Employer Nomination Scheme)
  • Subclass 188(Business Innovation and Investment (Provisional))
  • Subclass 189( Skilled (Independent)
  • Subclass 190(Skilled (Nominated)
  • Subclass 858(Distinguished Talent).

How to get a 491 visa?

1. Check eligibility against the points test.
2. Obtain positive skills assessment and required English test results
3. Submit an Expression of Interest (EOI) through SkillSelect
4. Apply for State or Territory government nomination
5. Submit visa application within 60 days of receiving an Invitation to Apply (ITA) and include all supporting documents for the application

Do note that this is a simplified overview of the steps involved. Preparing and providing the right documents and information as required is an important factor in ensuring your application is processed smoothly.

What is the benefit of 491 visa?

More occupations available for 491 Visa Australia

For 189 Skilled Independent Visa, you must work in an occupation that is listed in the Medium and Long term strategic skilled list (MLTSSL).

190 visa applicants can access both MLTSSL and Short term skilled occupation list (STSOL).

491 visa applicants can get access to larger skilled occupation list which includes the above two plus occupations in Regional Occupation List (ROL).

491 visa holders are eligible to apply for Medicare Australia

Although 491 visa is only a temporary 5 year working visa with a pathway to Permanent Residency 191 Visa, all applicants who have applied for the visa may be 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 the Medicare website for further information.

The regional 491 Visa nomination requirement is much easier than the visa 190.

It is important that the Australian Government is trying to push skilled migrants to live and work in regional areas of Australia.

This makes the requirement for 491 nomination is a lot easier than 190 visa which people can get the 190 nomination by living and working in metro areas like Melbourne, Sydney or Brisbane.

So, those who cannot get 190 in metro areas they might have to move to regional areas to seek more permanent residency options in Australia.

491 visa NSW and 190 Visa NSW are quite straightforward.

Let's take 491 visa South Australia as an example: Chef in South Australia need 12 months of work experience to get 190 visa. However, they only need to work 3-6 months depending on the location to get 491 visa as a chef.

Lower EOI points required for 491 visa

Another good thing for 491 visa applicant is you only need to get 50 points on your own because state gives you 15 points as being nominated for 491 visa application.

There are still arguments about the 491 and the 190 visa. Each visa has its own benefits like the 190 visa and a direct Permanent residency while the 491 visa is only temporary and the waiting time to Australian PR could be up to 4  years or more (3 years maintaining the income threshold required and processing time for 191 Visa).

However, with someone who is struggling with NSW state nomination, Victoria State Nomination or QLD state nomination because they are living and working in Melbourne, Sydney or Brisbane, they might be interested in getting a 491 visa in the regional area of Australia.

Can I buy a house in Australia on a 491 visa?

Yes. Similar to other temporary visa holders, 491 visa holders are subject to Foreign Investment Review Board (FIRB) requirements.

For more information, please visit Purchasing a Property In Australia 2022 – For temporary and permanent residents

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration (GSM) visa application process. We are able to assist with all aspects of the application, and can also advise on complications in relation to:

• skills assessments
• nominating the appropriate ANZSCO code
• state/territory nomination applications
• difficulties in obtaining documents to demonstrate work experience or family relationships
• upcoming deadlines which will affect your points total, such as age or expiring documents. We prepare your application efficiently to enable your visa application to be submitted as quickly as possible.

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you have any further questions or need a visa assistance please contact us 

Recently an announcement from The Hon Jason Clare MP, Minister for Education and the Hon Clare O’Neil MP, Minister for Home Affairs have communicated that international higher education graduates with eligible qualifications will be granted an extra two years of post-study visa.

The eligible occupations that have been targeting includes, health, teaching, engineering and agricultural fields. Find more information about the eligible occupation and qualification list.

This new extension will be practised from 1^st of July 2023.

Additionally, work hours cap for international students will be increased from 40 to 48 hours per fortnight. The International student working hour cap factsheet provides information about the new procedures.

In case you have questions regarding visa updates, please contact our team.

Contact us

Stay informed about the February immigration News by watching this video and have a privilege information about States Nomination in ACT, SA and WA for 190 - 491 visas and NZ path to PR. The article will bring highly important topics related to processing times and new actions from the Australia Government.

General Skilled Migration

The federal government has given out 35,000 189 invitations in December.

This is the biggest round on record for Australian immigration.
This is causing many ripple effects across the migration system.
The skills assessment bodies are now getting clogged up with new applications as everyone rushes to put in a skills assessment to try take advantage of these new opportunities.

Another example is that many of the states are trying to come up with more attractive criteria because of all the 189 visas that are providing competition.

Queensland State Nomination

Queensland has adjusted its policies and is now prioritizing skilled workers living and working in Queensland.
Those who meet the requirement should get ready for an application.
More details are in the article below.

South Australian State Nomination

The final allocations for South Australia are for GSM subclass for 190 and 491 8,000 Places, for Business Innovation and Investment Program 70 Places.

There is no more business visa allocations to the states and territories as of the announcement in December.
It's clear that the new government is focusing on skilled migration and that business visas are on the backburner as each state nomination.

ACT State Nomination

The ACT has received 4050 nomination places equally distributed across the 491 and 190. Only ten places have been given to the Business and Investor Program.
This is a significant uplift in nomination places compared to the previous years for the 190 and 491.

WA State Nomination

Western Australia is one of the high-performing states at the moment.
There were over 5000 invitations in December for skilled migrants from Western Australia.
The state has seen a successful year so far with easier requirements and more generous invitations.

Today, a total of 16,085 invitations have been sent out for migrants both onshore and offshore for western Australia.
One of the reasons for the increased numbers is that the foreign on one visa does not now require a job offer or a job contract.

The Western Australian Government will have an invitation round every month.
The invitation round will occur in the first week of every month.
This allows adequate time for the processing of the large number of applications.
I feel like every time I meet with a client and they want to know about their best state nomination options, I end up talking about Western Australia.

This is because the Western Australian criteria are often lower than the other states

We will be making a separate video to discuss the WA state nomination requirements in detail.

Working Holiday Visa

Working holiday visas from the 19th of January 2022 to the 30th of June 2023, working holidaymakers in any sector anywhere in Australia may continue to work for the same employer or organization for longer than six months without requesting permission.

Backlog Status Update.

The new government was left with almost 1 million visas in the department in June 2020, so Andrew Giles has posted on his Twitter account saying that there have been over 4 million visas processed since June 2020 to the backlog is now down to 600,000, with a promise to improve this by the middle of 2023.

Migration is expected to rebound to the pre-pandemic levels, according to a recent report.

General News

In other general news, recently, universities in Australia have backed a reset in migration policies.
It states that the current migration system is not delivering the required talent to meet the needs of the economy.
This comes as the country faces a skills crisis leading to calls for a refresh of the migration system.
The Government is now aiming for a more targeted approach to migration that aligns with the country's economy and needs.

New Zealander’s path to PR.

Good news for New Zealanders. The process of obtaining permanent residency in Australia has become easier with the elimination of the income and health checks for those who have already lodged a 189 New Zealand stream. This helps make the process a lot quicker. The change is aimed to improve the relationship between New Zealand and Australia.

International Students are Back in Fashion.

International students are seen as a key to the migration program. International students are not only a source of revenue for universities, but also a potential source of future migrants.
The fact is that many international students end up staying and becoming permanent residents.
Now the government is recognizing that these students bring a wealth of knowledge, skills and cultural diversity to Australia.

We hope that international students may be given more pathways when the reviews to the migration program are announced later this year.

Pacific Workers and Their Families.

Labor is being urged to boost regional migration.
The Pacific Worker families are expected to join their mine applicants in 2023-2024 under a new scheme.
There are calls for an increase in skilled migration cap and for early learning pathways to be added to universities for free.
A former official has stated that Australia is on track for a migration boom in 2023, with arrivals exceeding Treasury forecast.

Please if you have any questions you can Contact us or book your appointment.

Can I be eligible for state nomination (491/190) from Migration SA if I am not working in my nominated occupation?

South Australia Visa 491/190 program is one of the most generous program in Australia. There are plenty of allocations for Skilled visa 491 and 190 in South Australia comparing to the small number of international students and workers here.

Therefore, South Australia has many streams for skilled migrants (the highest number of migration streams available among all states and territories).

Know the complicating of South Australia Skilled Visa 491 and 190 nomination streams, we are writing this blog for someone who is seeking permanent residency pathway when you are not working in your nominated occupation or if you are from Melbourne or Sydney and not confident to get your nominated job in South Australia.

A common question that we have been asked many times is:

"How can I get 491 or 190 state nominations from SA if I am working as an Aged Care Worker or a Disability Care Worker, whereas my nominated occupation is totally different such as Accountant or ICT related? "

Work Experience Exemption streams in South Australia State Nomination 491 visa and 190 Visa Available

Usually, to get state nomination for a General Skilled Migration visa, there is a requirement of work experience in the nominated occupation or in any closely related field.

SA is even providing a more generous definition of closely related occupation.

They do not use the first 4 digits of ANZSCO code to determine closely related. They expand the list by accepting first 2 digits or even all occupations in the same skill assessing authority will be counted as closely related occupation.

However, it varies between each occupation. We highly recommend you look up your own occupation on the website to check your closely related options.

For skilled migrants who are not able to find a job or who are working in Aged Care or Disability sector that is not related to their major, these streams are perfectly fit for your Australian Permanent Residency purpose.

Migration SA provides exemptions  for people who are living and working in outer regional South Australia or for people who are long term residents of SA.

Here are some of the exemptions you might be interested in:

• Exemptions for applicants living and working in OUTER REGIONAL SOUTH AUSTRALIA in any occupation

There are certain concessions to work experience requirements if you are living and working in outer regional of South Australia.

Check South Australia Eligible Outer Regional postcodes here >

According to this stream, Applicants living and working in outer regional South Australia for the last 12 months in any occupation (does not have to be a skilled occupation nor related to your nominated occupation) may be eligible to be nominated for a 491-visa nomination. 

Applicants living and working for the last 24 months in outer regional South Australia in any occupation, may be eligible to be nominated for 190 visa nomination. 

To be considered eligible for this stream, you must be currently living and working in SA Regional areas. 

What to be considered before apply for living and working in outer regional of South Australia Visa 491 and 190?

Missing one of those requirement will not be eligible for visa 491 or 190 in South Australia State Nomination.

If you are working remotely and currently living in outer regional of South Australia, it may not be counted as being eligible for the stream.

If you are studying in Greater Adelaide Area and living in outer regional of South Australia, you may not be eligible for the 491 or 190 nomination in SA.

Lower skilled occupations like cleaners, waitors and waitresses ARE ELIGIBLE as long as you are earning taxable income from a company in Regional of South Australia.

• Exemptions for international graduates of SA or their partners who are living and working in SA (including Greater Adelaide) as a long-term resident/s:

This may be a good option for applicants who have finished their studies from SA and are living and working in SA (including greater Adelaide) being long term residents of SA.

Under these exemptions, you may be eligible for subclass 491 nomination, if you have been living in SA for the last 3 years and you are working in SA for the last 12 months in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

For many graduates, they must have been in Adelaide for at least 2 years plus their temporary graduate visa 485  or Post study Work 485 Visa (These are 2 different streams under Subclass 485 Visa). Attaining 3 years of living and working in South Australia is so straightforward.

Those who are studying or complete their study in Accounting, ICT Major, Social Work, Community Work or Engineering in Australia will take the most advantage from long term resident SA 491 stream. 

With those students, they may at least be eligible for 491 if they work as aged care workers or disability support worker in South Australia for State Nomination Visa 491.

Please be mindful that lower skilled occupations such as cleaners, waitors or waitresses, kitchenhands are NOT eligible for the stream.

Please talk to our immigration lawyer to see if your current employment is eligible for the program.

Book an Appointment

• Work Exemptions for temporary visa holders residing in SA for 5 years:

You may be eligible for 491 nomination if you are residing in SA (including greater Adelaide) from last 5 years are currently working for the last 12 months in SA in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

Lower skilled occupations are not eligible

Not all the occupations have these exemptions available. We recommend that you check the requirements for your nominated occupation on SA Migration website before applying.

Who gets the benefit of SA nomination streams for Visa 491 and Visa 190?

Some of the occupations including Accountants and ICT related occupations, Social work, Community work or Engineering professionals are taking the most advantage of those streams above.

Those are courses that can get skill assessment immediately post-qualification without requirement of work experience canhave a lot of benefit of these streams in South Australia.

Especially, for international students interstate such as Melbourne or Sydney, you only need at least 12 months to apply for 491 visa or 24 months for 190 visa in South Australia Outer regional Area.

You may have a lot of work experience in Aged Care or Disability support, good time, South Australia is facing a severe shortage in health care sector in which having plenty of vacancies.

No matter who you are, where you studied or completed your study, South Australia always have an option for you to secure your Permanent Residency Pathway.

If you need help with deciding what your best option for South Australia state nomination visa 491 and 190, our team at Work Visa Lawyers is happy to help!

Source: https://www.migration.sa.gov.au/

Author:

Sumandeep Grewal , Registered Migration Agent at Work Visa Lawyers (MARN 2117667)

Australia Skilled Migration Program: Small Business Owner for Regional Skilled Visa 491 and Skilled Nominated Visa 190

The general skilled migration program in Australia has been the most popular program used by migrants to obtain permanent residency status.

Visas represented for this program can be named subclass 189 (skilled independent visa), subclass 190 (skilled nominated visa), and 491 (skilled regional) (the previous visa for 491 is 489 visa)

The skilled migration program attracts skilled migrants worldwide and onshore graduates and workers as its benefits that the country can bring to each family.

Not surprisingly, Australia receives thousands of applications every year under the skilled migration program, which is highly competitive.

Those who are not highly skilled in their occupation might consider the Small Business Owner (SBO) pathway to aim for permanent residency.

Queensland was the first state to launch this program, and it has been increasingly popular over the years. 

As of July 2021, four states in Australia, Queensland, Tasmania, Canberra, and South Australia, have this program officially in place.

You may not be aware that South Australia even has this stream. Very few articles talk about the small business owner skilled migration stream in South Australia.

This blog will give you full details of the South Australia small business owner stream.

Before that, watch out video for the quick overview of the Small business owner stream South Australia 491/190