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Can I Switch to a Visa 190 If My Regional Work Visa 491 Isn't Leading to PR?

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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Why Your Visa 491 Might Not Lead to Permanent Residency

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:

  • Income Threshold Requirements : To be eligible for Subclass 191, you must have a taxable income of at least three consecutive years if you are a 491 visa holder. If your earnings are below this threshold, your chances of getting PR are compromised. In regions where there are few good-paying jobs, inconsistent or below-par earnings can be quite a challenge.
  • Limited Employment Opportunities : It is not that easy to get stable, well-paying jobs in the regional areas. Some regions may not be able to offer job opportunities matching your skills or profession. In some areas, job diversity might be lacking and, therefore, it will be difficult to have regular work, which will influence the ability to meet the PR criteria.
  • Visa Status Compliance : The 491 visa is strictly bound to conditions such as living and working in designated regional areas. In case you do not meet these conditions, either with intent or through accident, your chances of getting PR decrease. In case you do not meet the requirements, it can later make your visa complicated or render you ineligible for the application process.
  • Changes in State or Territory Requirements : States and territories have their specific guidelines and criteria for nomination that may change over time. What had been a good requirement in your favour at the point of applying for the 491 visas may change as time progresses, making the PR requirements tougher to comply with. This changing demand can bring a bit of uncertainty into your migration process.
  • Unexpected Personal or Economic Conditions : Life events can affect the fulfilment of visa requirements. Some of these might include health issues, family commitments, or an economic slowdown. It becomes difficult to continue to meet the immigration conditions and income and work requirements that form part of a PR application if you have to stop working due to circumstances outside your control or the local economy slows.

Steps to Take If You Want to Transition to Visa 190

If your Subclass 491 visa does not lead to permanent residency, then your best option would be a Subclass 190 visa. Here are the steps to take.
  • Step 1: Check if you qualify : Check first if you are eligible to apply for the Subclass 190 visa. Check your occupation on the relevant skilled occupation list, and you also pass the skills assessment. Your age should be under 45 years, and you will score at least 65 points on the points test, considering age, language proficiency in English, and work experience. Consulting with Work Visa Lawyers can provide clarity on where you stand.
  • Step 2: File an Expression of Interest (EOI) : Then, lodge a Skills Expression of Interest under the SkillSelect system. When lodging your Expression of Interest application, indicate an interest in applying for this subclass 190 and nominate in which state or territory you want it to be nominated. Do remember to update your EOI if those changes in your circumstances eventuate, and you will gain more work experience with improvements in your English score.
  • Step 3: Apply for state or territory nomination : Research the requirements of your chosen state or territory for the Subclass 190 nomination. Each state has different criteria, which may include work experience, English language levels, or specific job offers in certain regions. Prepare a strong application demonstrating how your skills and experience align with the state’s economic and labour needs, increasing your chances of nomination.
  • Step 4: Wait for an Invitation to Apply : When nominated, you will also be invited to apply for a Subclass 190 visa, in which you can submit your application within that stated time frame, probably about 60 days. Remember that all your necessary documents have to be duly prepared, like your skill assessment, proof of proficiency in the English language, and an approved nomination, because they should not be delayed any longer during processing.
  • Step 5: Prepare and Lodge Your Visa Application : After being invited to the country, ensure that you are well-equipped to make your visa application. Ensure that you have all the documents with full supporting evidence, such as proof of your work experience, qualifications in education, and character checks. You should, after all, take your application to the Department of Home Affairs, where you’ll allow it to be processed. Once this is done, you will be allowed into the country immediately.

Conclusion

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.

FAQs

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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