Category : VISAS

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Subclass 191 – Permanent Residence (Skilled Regional) visa

Subclass 191 – Permanent Residence (Skilled Regional) visa

  • Only Subclasses 491 and 494 visa holders are eligible to apply for this visa,
  • Must have held the Subclass 491 or 494 for at least three years and substantially complied with the conditions of the visa and Condition 8579,
  • Must have met a minimum threshold taxable income level for at least three years while holding the Subclass 491 or 494 (threshold to be specified by legislative instrument),
  • Dependent children included as members of family unit for the Subclass 491 or 494 visas, may be included in Subclass 191 application, even if no longer able to meet the definition of dependency,
  • Health PIC 4007 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,
  • VAC – Base application charge: primary applicant $385; additional applicant over 18 years: $195, under 18 years: $100.
  • Permanent visa allowing holder to travel to and enter Australia for a period of 5 years from grant date.


Subclass 494 – Skilled Employer Sponsored Regional (Provisional)

Subclass 494 – Skilled Employer Sponsored Regional (Provisional)

  • Commences 16 November 2019,
  • Two streams – Employer sponsored stream and labour agreement stream.

Employer requirements: 

Nomination, application processes and sponsorship obligations largely mirror those applicable to Subclasses 457 and 482 sponsorship

  • Position must genuine, full time and likely to exist for five years,
  • Annual market salary rate (AMSR) must not be less than TSMIT $53,900; annual earnings including non-monetary benefits must not be less than AMSR, unless nominated under the Labour Agreement stream; and terms and conditions no less favourable than for Australian employees must be provided,
  • Minister must be advised by a ‘body’ (RDA/RCB?) with the responsibility for that part of Australia, that the nominee will be paid at least the AMSR,
  • SAF charges: $3000 for businesses with turnover of less than $10 million, or $5000 for others,
  • Cost of fees and nomination training contribution charge (SAF levy) cannot be recovered from the overseas worker or third party – amendment to Reg 2.87S,
  • If nominating an existing Subclass 494 visa holder, the new sponsor is expected to assume the sponsorship obligations for family members who already hold a Subclass 494,
  • Subclass 494 visa holders will be provided with 90 days to find another employer, if they cease employment with their sponsor,
  • Visa can be cancelled if sponsor provides false and misleading information, fails to meet sponsorship obligations, is cancelled or barred from being a sponsor or where a party to a labour agreement, it is terminated, suspended or ceased,

Applicant requirements

  • Must not have turned 45 at time of application,
  • Employer sponsored stream – must have skilled occupation on an applicable list and have valid, suitable skills assessment; Labour agreement stream – may be required to demonstrate has necessary skills to perform tasks of nominated occupation,
  • Nominated occupation to be specified by corresponding 6-digit ANZSCO code,
  • Must have been employed in the nominated occupation for at least three years on a full-time basis and at level of skill required for the occupation; Labour agreement stream – unless Minister considers it reasonable not to require this
  • Employer sponsored stream – applicant must have competent English at time of application, unless specified in a legislative instrument by the Minister;Labour agreement stream – English language skills suitable to perform the nominated occupation,
  • Employer sponsored stream – health PIC 4007; Labour agreement stream – health PIC 4005,
  • 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 8503 and 8534 may be waived where that visa holder has a genuine intention to apply for a Subclass 494 visa,
  • Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed,
  • Visa can be cancelled if the visa holder did not have a genuine intention at the time of grant to perform the nominated occupation or ceased to have a genuine intention to perform that occupation or the position was not genuine,
  • VAC – Base application charge: primary applicant $3,755, additional applicant over 18 years: $1,875, under 18 years: $940 (*Minister of Religion or member of their family unit VAC: nil),
  • Second VAC instalment if required – Primary applicant less than functional English over 18 years: $9,800; secondary applicants over 18 years $4,890; any other applicant: nil,
  • Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 494 visa, subject to meeting prescribed requirements.