The Subclass 491 is a provisional visa, which the holder is eligible to hold for up to five years. Such a visa is designed only for skilled workers who intend to live and work in specific regional areas of Australia. Sponsorship by the state or territory government or the holder’s eligible relative dwelling in a regional area will be required.
The immigration pathways in Australia may be a bit complex if your current visa does not help you achieve your permanent residency goals. If you have a Subclass 491 Skilled Work Regional (Provisional) visa and find it difficult to meet the PR requirements, this may be an opportunity for a transition to a Subclass 190 Skilled Nominated visa. This guide explains the differences between these visas, why your 491 visa is not taking you to PR, how to move from 491 to 190, and the requirements of an application.
One of the critical requirements of the 491 visa is that it insists on people living and working in these regional areas to qualify for permanent residency through the Subclass 191 visa, which carries specific income and residency conditions.
On the other hand, the Subclass 190 visa is a permanent visa, and when it is granted, it allows immediate permanent residency. In contrast to the 491 visas, the 190 visa does not tie you to regional areas, but you have to be nominated by a state or territory government. The advantage of this visa is that it gives you a direct pathway to PR without extra conditions like income thresholds for several years. Therefore, many people prefer the 190 visa for the stability and comfort of choosing their place to stay and work in Australia.
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Although the Subclass 491 visa provides a pathway to permanent residency, some elements can make it challenging or impossible to progress. This is why your 491 visa is not leading to PR:
There is also an opportunity to migrate through subclass 491 to permanent residence in Australia by following proper procedures and satisfying requirements, which will qualify you to achieve a subclass 190 visa. Knowing the distinction between such visas, understanding the challenges accompanying the 491 visas, and making the most preparation for your application improve your chances of getting the 190 visas. Consulting with experienced 190 visa lawyers will help you to very relevant and customized advice to achieve an easier transition toward your PR goals.
This Subclass 190 visa is a permanent residency visa for skilled workers nominated by an Australian state or territory government. They can stay and work anywhere in Australia without limitation.
The Subclass 190 visa provides for permanent residency immediately, and the Subclass 491 visa is a provisional visa, where holders have to live and work in the designated regional areas for three years before applying for permanent residency.
Yes, it can be applied for Subclass 190 while in Subclass 491 if all conditions are met and include a state or territory government nominating with an appropriate skills assessment.
Eligibility criteria include occupation on the relevant skilled list, a suitable skills assessment, being under 45 years of age, achieving at least 65 points on the points test, and having a state or territory nomination.
Processing times vary depending on a range of factors, for example, the completeness of your application and the time needed to verify information. You should check the Department of Home Affairs website for current processing times.
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