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AR LAW Services  |  Lawyers & Consultants  |  Masters of Australian Migration and Visa Law

Sub 491 Skill Visa. Skilled Work Regional (Provisional) Visa – Live and work in regional Australia

What follows is a basic outline – for all expert legal advice, make an appointment and talk to us!

Regional (491 & 494) Visas

THE SKILLED WORK REGIONAL (PROVISIONAL) VISA, Who can apply?

The Skilled Work Regional (Provisional) visa is a points-based visa. To apply you must:

  • Be under the age of 45.
  • Have nomination by an Australian state or territory government agency OR you are sponsored by an eligible family member residing in a designated regional area.
  • Have a relevant occupation on a skilled occupation list.
  • Achieve a score of at least 65 in a skills assessment for your nominated occupation.
  • Have competent ENGLISH https://www.arlaw.com.au/english-language-competency/
  • Meet the health and character requirements.

WHAT ARE YOU ALLOWED TO DO ON A SKILLED WORK REGIONAL (PROVISIONAL) VISA?

The Skilled Work Regional (Provisional) visa (subclass 491) allows you and your family to:

  • Stay in Australia for up to five years.
  • Live, work and study in designated regional areas of Australia.
  • Travel in and out of Australia while the visa is valid.
  • Apply for permanent residence Subclass 191 visa after three years, if eligible.

Designated regional areas includes all of Australia except for Sydney, Melbourne Perth, Brisbane and the Gold Coast.

 

SPONSORSHIP BY A RELATIVE

The Skilled Work Regional (Provisional) visa permits sponsorship by certain relatives and under certain conditions:

  • The sponsor must be at least 18 years old.
  • They must live in a designated regional area of Australia.
  • They are either an Australian citizen or permanent resident, or an eligible New Zealand citizen.
  • Further to this, sponsorship is allowed where you are related in one of the following ways:
    • Child or stepchild.
    • Parent or step-parent.

NOMINATION BY A STATE OR TERRITORY

Australian migration laws allow each state or territory to legislate their own immigration needs. As such, nomination by a state or territory is permitted. Each state and territory has its own list of occupations as well as their own criteria and processes.

 

THE PROCESS: Skill Select.

The application process must comply and can be broken down into four steps:

1) PRE-EXPRESSION OF INTEREST ASSESSMENT

This step judges your potential application against a Points.

Book an appointment to talk to a Master Migration Lawyer.  Book a Consultation

2) EXPRESSION OF INTEREST

This is when you demonstrate your interest in a specific Australian visa. It is essentially an application which details:

  • The visa subclass and stream you intend to apply for;
  • Whether you’re seeking sponsorship from a state or territory government; and
  • If you are open to residing in specific states or territories.

Book an appointment to talk to a Master Migration Lawyer.  Book a Consultation

3) INVITATION TO APPLY

If your Expression of Interest is selected, you will receive an invitation to apply for a Skilled Independent visa. Invitations are issued during most months. It will details who is being invited as well as the time frame within which the application must be made.

4) MAKING AN APPLICATION

This is a time-driven process, as per the details within the Invitation to Apply. Your application itself, in essence, now provides all the required materials facts and supporting documentation to validate the information given on the Expression of Interest (including the assessment).

Possible pathway to PR: (permanent visa)

If you are thinking of applying or hold a subclass 491 visa, and you would need to apply Permanent Residence (Skilled Regional) visa (subclass 191) in order to receive a permanent visa. Talk to us.

 

So if you or anyone you know is thinking or applying for a regional visa or has applied or has had an application refused or a visa cancelled [or appeal to the AAT] talk to us. Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such.
Please call our office to seek professional advice before acting or relying on any of the content on this page