If you are looking to live and work in Australia, then you need to consider the Australia visa options. There are few temporary stay options, which can be applied for on your own or through the employer. For example the 417 visa is a working holiday visa in Australia, while the 491 Work and Holiday visa permits persons aged 18-30 years old to live, study and work in Australia.Not all international students come to Australia under a student visa. If you are over 25 years of age and have at least 3 years’ experience in your occupation, you can apply for the Skilled Migration (subclass 491) visa.

If you are applying for an Australia visa, one of the options open is the Temporary Work (Skilled) Visa. It enables a person coming to Australia to work to get a temporary visa for a period of up to three years, but there are many conditions attached to this visa.

The visa validity period is 5 years. Conditions, namely 8579 will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas. Visa holders may move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne and Brisbane. Important change: Perth and Gold Coast are classified as regional areas. You may work in any occupation and for any employer in line with the work and residence conditions attached to your visa.

Holders of the new provisional visas will also be unable to apply for most other skills based visas in Australia unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist. Additionally, similar to current arrangements for the subclass 457 and 482 visa program, holders of the new provisional visas can be negatively impacted by sponsor non-compliance.

The new 491 visa permanent pathway will be:

• Subclass 191 Permanent Residence (Skilled Regional): To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 491 or 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements. You must show earnings of at least $53,900 per annum for three years. Your partner can also be the main applicant for the 191 visa if they can demonstrate this criteria.

Effect on current 489 visa to 887 visa pathway:

The Skilled Regional (Provisional) Visa (subclass 489) is now closed to new applicants. Transitional arrangements are put in place for applications which have been lodged and are undecided, as well as applicants whose pathway currently targets the permanent Skilled Regional Visa (subclass 887).

Skilled Migration Changes:

The skilled migration points test will change from November 16, 2019. The changes will affect subclass 491 applicants as well as applications for other skilled migration visas that have not been assessed at that time (but only in a way that is beneficial for applicants, by providing additional points). Other points for age, qualifications, overseas and Australian work experience, Australian study and English points will apply. The new points details are:

• 15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;
• 10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;

Partner Points

• 10 points, if one of the following apply:
  • skilled spouse or de facto partner (Skills assessment and Competent English); or
  • applicants without a spouse or de facto partner (single) or

• 5 points:  if your partner has Competent English. Your partner can be over 45 years of age and does not need a Skills Assessment.

Subclass 491 Skilled Work Regional (Provisional) Visa

The Subclass 491 Skilled Work Regional visa is a provisional General Skilled Migration visa which requires holders to live, work, and study in a regional area of Australia. Once certain residence requirements have been met, holders can apply for a permanent Regional visa.

Visa Criteria

In order to qualify for a Subclass 491 visa, you would need to:

• Be aged between 18 and 44 inclusive
• Have Competent English or higher, and their dependent family members over 18 years of age have at least Functional English
• Obtain a positive skill assessment in an occupation on the relevant Skilled occupation list
  • For family sponsored applicants, this is the Medium-Long Term Skills Shortage List (MLTSSL)
  • For State/Territory nominated applicants, this is the MLTSSL, the Short-Term Skilled Occupation List (STSOL) and the Regional Occupation List (ROL) and a State/Territory Occupations List
• Meet the pass mark in the skilled migration points test – currently 65.
• Lodge an Expression of Interest (EOI) through the SkillSelect system, and be invited to apply
• Be nominated by a State or Territory Government, or have sponsorship from an eligible family member
• Meet health and character requirements

Once you are invited to apply for a skilled visa, you must lodge your application within 60 days, otherwise the invitation lapses. Accordingly, it is very important that you have all required documentation prepared to lodge as soon as possible after receiving the invitation.

Nomination by a State or Territory Government

Each State and Territory Government publishes a list of occupations in short supply in their area. There may be specific requirements in terms of work experience, English language ability, or specialised skills which differ to the requirements for the Department of Immigration. It is very important to check the State/Territory requirements before commencing with an application.

Sponsorship from an Eligible Family Member

Applicants through the family sponsored pathway can only nominate occupations on the MLTSSL. The sponsor must be usually resident in a designated regional area of Australia, and be:

• At least 18 years of age
• An Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen
• An eligible relative; including parents, children, siblings, aunt/uncle, nephew/niece, grandparent, or first cousin

Where can I be when I apply?

You can either be in Australia or overseas when you apply for a Subclass 491 Visa.

In order to lodge from within Australia (i.e. onshore), you would need to hold a substantive visa or a Bridging A, B or C visa. Upon lodging an onshore application, you would automatically receive a bridging visa allowing you to remain in Australia during processing of your visa application