pr/australia

The Australian government introduced two visas that came into effect in November 2019. This is intended to attract skilled migrants to settle down in regional areas. The two visas Skilled Work Regional (subclass 491) Skilled Employer-Sponsored Regional visa (subclass 494) will have 25,000 visa places reserved for them out of the total permanent migration planning level of 160,000 by the Australian government. The two new visas have replaced the Subclass 489 and Subclass 187 visas.

Subclass 491 visa (in replacement for Subclass 489 visa)

With the immigration changes introduced by Australia last year, the Subclass 489 visa has been replaced by the Subclass 491 visa. This is a provisional visa for skilled workers who want to live and work in a regional area of Australia.

Eligibility conditions for the visa

The applicant must be nominated to apply by a state or territory government or be sponsored by an eligible relative

Have an occupation in the relevant skilled occupation list

Must have the skills assessment for the occupation

Get an invitation to apply

Applicant must score the required points (65 points)

Have the required English proficiency level

Meet the health requirements

Meet the character requirements

Be under 45 years of age

With this visa you can:

• Stay in Australia for 5 years
• Can live, work and study in a designated regional area of Australia
• Travel to and from Australia as many times as you want, while the visa is valid
• Apply for permanent residence

The validity of the visa can be extended if required.

Application steps for Skilled work regional (provisional) visa

Step1: In the first step you must submit your expression of interest (EOI0 through SkillSelect to indicate you want to apply for this visa.

Step 2: Before you even submit your application, you must first gather the required documents to support the claims made in your EOI.

Step 3: Apply for the visa online once you receive the invitation. You can be living in or outside Australia when you are making the visa application. You must make your application within 60 days of receiving the invitation.

Step 4: You will be notified by the authorities that they have received your visa application.

Step 5:  You will be notified on the outcome of your visa application. You can be in or outside Australia during this time but not in immigration clearance.

Processing time

These visa applications are assessed on a case-by-case basis and the processing time can vary provided you have met the following conditions:

• Submitted the complete application with all the supporting documents
• Your response time to requests for additional information
• Time taken by authorities to verify the additional information you provided
• Time taken for the authorities to receive the additional information
• Places vacant in the migration program

Skilled Employer-Sponsored Regional (Provisional) (Subclass 494) visa

With this visa, employers can sponsor Skilled Migrants for jobs ineligible occupations in a specific regional area for five years.

These designated areas cover all of Australia except for the major metro cities – Sydney, Melbourne, and Brisbane.

Conditions for the visa

This visa comes with certain conditions, the primary visa holder and related secondary visa holders (their family members) are required to live, work, and study only in a regional area. Their visa could be canceled if they fail to comply with these rules.

This visa comes with certain restrictions. Subclass 494 visa holders will not be eligible for another Skilled Visa without a regional requirement for at least three years from the date their Subclass 494 visa is granted.

Visa holders cannot apply for an onshore partner visa for three years from the date of grant of their Subclass 494 visa.

Opportunity for Permanent Residency

Subclass 494 visa holders will be eligible for a PR visa (Skilled Regional) (Subclass 191) visa from November 2022 provided they have worked for a single employer for at least three years. The condition for granting the PR visa is that primary visa holders and the secondary visa holders must prove to the Department of Home Affairs that they worked, studied and lived in a regional area for at least three years.

List of occupations

Under these revised rules, 650 occupations can be nominated for the Subclass 494 visa. This is an increase from the earlier regulations where approximately 500 occupations could be nominated for the Temporary Skills Shortage (Subclass 482) visa and only 216 occupations could be nominated for the Permanent Employer Nomination Scheme (Subclass 186) visa.

With these changes, employers will benefit with access to a wider range of eligible occupations and will be in a better position to fill vacant, skilled positions in rural areas when local Australians are not available.

For employees, the changes mean an option for permanent residency which otherwise would be difficult to access.

The changes will also solve the problem of skill shortage in rural Australia because there will be priority processing of Subclass 494 and Subclass 191 visas.

Five-year period

• The reasoning behind the insistence on a five-year visa period is to encourage primary and secondary visa holders to stay in a regional area and develop a lasting attachment to rural areas.
• The move is also aimed at reducing the congestion in the metropolitan cities of the country, which the government feels is creating pressure on the infrastructure and resources of these cities.

Features of the visa

• There will be priority processing of visa applications
• Visa holders will be eligible for permanent residency without the need to undergo a second nomination stage
• Subclass 491 visa applicants get access to more points
• Regional visas have a wider range of occupations compared to non-regional pathways
• Regional areas will now include Lake Macquarie, Illawarra, Geelong, Perth, the Gold Coast, the Sunshine Coast, Newcastle, Adelaide, Hobart, Wollongong, and Canberra
• Time required to live and work in regional Australia has been extended to three years from the earlier two years

Validity of the visa has been extended to five years

The key changes these visas have brought include:

• Priority processing of these visa applications
• Visa holders will be eligible for permanent residency without the need to undergo a second nomination stage
• Subclass 491 visa applicants get access to more points
• Regional visas have a wider range of occupations compared to non- regional pathways
• The time required to live and work in regional Australia has been extended to three years from the earlier two years
• The validity of the visa has been extended to five years

The Australian government introduced these visas to encourage immigrants to settle in regional areas and reduce their concentration in the three major cities of Australia.  These visas are expected to provide incentives to migrants to settle in regional Australia and consequently help to improve the economy in these regions.

You can become an Australian citizen through permanent residency, also called as conferral by the Australian government. This is the most popular way to become an Australian citizen.

For this, you will have to fulfill the residence requirements. This is based on the period you have lived in Australia and the time you have spent outside the country.

The residence requirements include:

• Must have been living in Australia on a valid visa for four years before the date of application
• Must have lived the last 12 months as a permanent resident
• Must not have been away from Australia for more than one year in this four-year period
• Must not have been away from the country for more than 90 days in the year you are applying for the PR visa

Citizenship through residency is possible if the individual stays continuously in Australia for four years on a qualifying visa that includes living in the country for one year as a permanent resident.

Qualifying visas that will help you stay continuously in the country for four years are:

• Skilled migration: There are various visa categories under skilled migration. Eligibility for these visas is based on a points-based system. Points are given based on age, educational qualification, English language skills. You must score a minimum of 65 points to be eligible for this visa. If your occupation is in demand and appears in the Skilled Occupation List, then you will have more visa options.
• Employer-sponsored visa: You can move to Australia on this visa if you can find an Australian employee who is ready to sponsor you.
• Business visas: You can apply for these visas if you are willing to start a business or invest in Australia. The visa can give you permanent residency and subsequently Australian citizenship

Eligibility requirements for Australia Skilled visa

While there are many visas that come under the ‘skilled’ category, here we shall look at the most popular visas under the General Skilled Migration (GSM) category.

Skilled Independent visa (subclass 189) — Points-tested stream. With a subclass 189, invited workers with the skills needed in Australia can live as well as work at any place in the country permanently.

Skilled Nominated visa (subclass 190) — This visa lets skilled workers that are nominated to live as well as work in Australia as permanent residents.

If you are interested in moving to Australia permanently on a subclass 189 or 190 visa, you will have to begin the process by submitting an Expression of Interest (EOI) on SkillSelect.

Any foreign-born skilled worker or businessperson interested in migrating to Australia will have to go through SkillSelect. All EOIs have to be submitted online. No fees to create/submit EOI.

EOIs are stored in SkillSelect with 2 years’ validity.

Profiles in SkillSelect are ranked against each other. Invitations are sent accordingly.

Skill assessment:

At the time of invitation, you must be able to declare that you have had a skills assessment done.

Skill assessment is an integral part of the General Skilled Migration program which helps select immigrants with the right qualifications. The applicant will not be able to apply for permanent residency in the country without an assessment of his skills.

To get a positive assessment, he should have the relevant credentials and experience.

If you have applied for skill assessment, the assessment authority will consider factors such as your education, work experience and English proficiency level.

Skills assessment must have been done within the 3 years prior to the invitation being sent.

If, in case the skills assessment is based on qualification got in Australia when on a student visa, the course must needs be registered on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

1. Meet the age criterion:

As per the age criterion, you must be under 45 when you receive the invitation to apply for the visa.

You can still apply: If you complete 45 years of age after you get the invitation.

You will not be invited: If you turn 45 during the period between the submission of EOI and receiving an invitation.

2. Score 65 and above in the points test:

As these visas are points-tested visas, you will have to score a minimum of 65 points to be eligible.

3. Competent English:

At least a competency in the English language is required. The applicant must also be able to provide evidence for the same.

1. Occupation:

Your occupation should be on the corresponding list of eligible skilled occupations.

2. Meet the health requirement:

Generally, all visa applicants applying for permanent or provisional visas will have to undergo certain health examinations. Even the family member applying for the visa alongside the main applicant might be expected to undergo the medical tests.

Do keep in mind that while these are the tests usually required, you might be asked to undergo other medical examinations as well.

3. Meet character requirement:

The main applicant, as well as the accompanying family members [above 16 years], must meet the requirements of character.

Accompanying family members must also meet the character requirements as well.