887 Visa Updates - Improve time process.

There are more than ten thousand applications made for Visa 887 (Pathway to PR from Skilled Visa 489) from 1 July 2021 to 30 November 2022.

With the current report, there are less than 3000 visa grants between July 2021 and November 2022.

Recently, Department of Home Affairs has made a great progress in deciding the 887 applications. Most applicants who lodged their 887 visa applications by October 2021 have got their visas or been contacted by a Case Officer.

Granting PR to people that have been living and working in Australia endorses the pathway from Provisional Visa to Permanent Visa is effective.

It brings confidence to skilled migrants to consider a Provisional Visa when a Permanent Visa is not available to them.

Processing more permanent visa for regional migrants can encourage they move from metro areas to regional locations.

To apply for an 887 the visa holder must have held a 489 visa (Which is replaced by 491 Visa now) to live in a regional area for 2 years and work full-time for at least one year.

To apply for a 191 the visa holder must have held a 491 visa to live in a regional area for 3 years and have more than $53,900 taxable income for three financial years. The 191 visa application was open in November 2022.  

We do hope that they will grant more permanent visas for regional Australia and for Australia’s reputation, as Australia is facing severe skills shortages in regional areas.

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Please find below the most asked questions about 887 Visa:

• Who needs the 887 visa?

• What are the requirements?

• What is the application process?

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration visa application process.

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

We aim to put forward a decision-ready application, including all necessary supporting documents. Before lodgement, we perform all the required checks on your supporting documents to ensure that you meet the requirements.

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.

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

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

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 

Are you a Café or Restaurant Manager looking to migrate to or work in Australia?

Qualified Café or Restaurant Managers have visa options to migrate to or work in Australia as this occupation is in the different skilled occupation lists, meaning it is an occupation that is needed in Australia or there is a skill shortage that needs to be addressed.

The visa options for a café or restaurant manager, depending on the applicant’s circumstances, can either be employer-sponsored or under the general skilled migration (GSM).  

The visas available for a café or restaurant manager, depending on whether they are eligible includes:

• Skilled Nominated (subclass 190)
• Provisional (temporary) visas that can lead to permanent residency visas:
  • Skilled Regional (Provisional) visa (subclass 489) - State or Territory nominated
  • Temporary Skill Shortage visa (subclass 482) - Short Term Stream (subject to caveats)
  • Skilled Employer Sponsored Regional (provisional) (subclass 494) - Employer sponsored stream
  • Skilled Work Regional (provisional) visa (subclass 491) State or Territory nominated
• Employer Nomination Scheme (subclass 186)

Applying under the General Skilled Migration (GSM)

If you are applying under the GSM or the state-nominated visa, you need to:

1. Check your eligibility first and checking if you have the required points needed.

Points are based on the following:

1. Age
2. English language skills
3. Skilled employment/work experience (outside and in Australia)
4. Educational qualifications
5. Australian study requirement
6. Specialist education qualification
7. Credentialled community language
8. Study in regional Australia
9. Partner Skills
10. Professional year in Australia
11. Nomination or Sponsorship

 Please arrange an appointment for the best advice by clicking the button below.

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2. Get a positive skills assessment

The assessing authority for café or restaurant manager is VETASSESS.

Generally, to get a positive skills assessment the qualifications required is a s a qualification assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Diploma or higher (ANZSCO Skill Level 2).

To meet the assessment criteria, you should be able to meet any of the following:

1. Have the minimum the comparable Diploma or higher AQF level AND highly relevant major field of study PLUS 1 year highly relevant employment duration OR
2. Have the minimum the comparable Diploma or higher AQF level AND a minimum AQF Certificate IV level with highly relevant major PLUS 1 year highly relevant employment duration OR
3. Have the minimum the comparable Diploma or higher AQF level PLUS 2 years highly relevant employment duration OR
4. If employment is prior to the completion of the qualification at the required level - Have 4 years of highly relevant paid employment duration with at least 1 year of highly relevant employment within the last five years before applying PLUS have the minimum the comparable Diploma or higher AQF level. The remaining three years of pre-qualifying period may be within the last ten years.

3. Submit your Expression of Interest

You do this through the Department of Home Affairs’ SkillSelect website. In your EOI you would need to provide the details of your:

• Your English language test
• Educational and qualifications
• Skills Assessment
• Employment history

This is where the points you are claiming will be calculated.

4. State nomination

The requirements for each state and territory for state nomination differs. The process may defer depending on which state you want to sponsor you. Some states like Tasmania requires the applicant to submit their Registration of Interest and wait for an invitation to apply for state nomination.

5. Invitation to apply for the visa

6. Apply for the visa

If applying for an employer-sponsored visa

If you have an employer willing to sponsor you, you can look at the employer-sponsored visa options.

Subclass 494

If you are based in a designated regional area in Australia and have an employer who is willing to sponsor you, have at least 3 years relevant work experience then this visa may be for you.  This visa is valid for 5 years and after 3 years of holding this visa and upon meeting the eligibility requirements, you may be able to apply for the Permanent Residence (Skilled Regional) visa (subclass 191).

Subclass 482

If they have an employer who cannot find a qualified Australian worker to work as café or restaurant manager, then the employer may be able to sponsor you for the Subclass 482 visa – Short Term stream.  However, caveats apply for nominating a café or restaurant manager for this visa, that is, you will not be eligible if you work in a limited-service restaurant. Limited-service restaurants are those places such as fast food or takeaway food services, fast casual restaurants, drinking establishments that offer only a limited food service, limited-service cafes similar to mall cafes.

Subclass 482 visa holders may be sponsored by their employer for permanent resident visa, the  Employer Nomination Scheme (subclass 186) visa, after they have worked for their employer for at least 3 years full time while holding a sc-482 visa.

Subclass 186

As mentioned above, eligible subclass 482 visa holders may be able to apply for this visa if they have worked full time for their sponsoring employer for at least 3 years. Note that from 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the Temporary Residence Transition stream. The pathway will be accessible for two years from its commencement on 1 July 2022.

Alternative tiles:

• Food and Beverage Manager
• Restaurateur

Others occupation titles that might be consider:

• Café or Restaurant Manager
• Hotel or Motel Manager 
• Hotel Service Manager
• Accommodation and Hospitality Manager
• Cook 
• Chef
• Pastry Cook

If you want to check if you are eligible for any of the above visas, please contact our office on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Or book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

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

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

This article is updated regularly. Last updated: September 08, 2022

This article will outline all 491 visa and 190 visa nomination requirements in each state and terriotory in the new financial year 2022-2023.

Their Skilled Occupation List will also be covered in this article with a goal of giving all skilled migrants a comprehensive guide for Skilled Visa program in Australia 2022-23.

Currently, all states and territories are opening their skilled Visa 491 or Visa 190 program because they have received state nomination allocation from the Australian Government on for the 2022-23 program year.

More details of the allocation are illustrated below.

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.

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• 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)