Regional migration options – subclass 491 and subclass 494 visas

Are you a skilled worker considering moving to scenic Australia and living outside Sydney, Melbourne and Brisbane? Then temporary subclass 491 and 494 visas that offer a clear pathway to permanent residency might be excellent options for you.

These visas allow skilled workers to live, work and study in designated regional areas of Australia for up to five years, with access to Medicare. After three years, visa holders can apply for a Permanent Residence (Skilled Regional) visa (subclass 191).

Let's look into the details of these visas and the differences between them.

SUBCLASS 491

Skilled Work Regional (Provisional) Visa

SUBCLASS 494

Skilled Employer Sponsored Regional (Provisional) Visa

1

Length of Stay

Up to 5 years

Up to 5 years

2

Pathway to Permanent Residency

Can apply for a Permanent Residence (Skilled Regional) visa (subclass 191) after three years

Can apply for a Permanent Residence (Skilled Regional) visa (subclass 191) after three years

3

Nomination or Sponsorship

State or Territory Nomination:
Must be nominated by an Australian state or territory government agency; or

Family Sponsorship:

Can be sponsored by an eligible family member who is an Australian citizen, permanent resident, or eligible New Zealand citizen living in a designated regional area.

Employer Sponsorship:

Must be nominated to work in an occupation on the relevant skilled occupation list by an employer who is an approved sponsor and is located in a designated regional area.

4

Points Test

Points are awarded based on factors such as age, English language proficiency, skilled employment experience, educational qualifications and other factors like partner skills and regional study. Must score at least 65 points on the points test.

N/A

5

Age

Must be under 45 years of age at the time of invitation to apply.

Must be under 45 years of age at the time of application.

6

English Language

Must have at least competent English, which generally means an IELTS score of at least 6 in each component or equivalent scores in other accepted English tests.

Must have at least competent English, which generally means an IELTS score of at least 6 in each component or equivalent scores in other accepted English tests.

7

Skills Assessment

Must have a positive skills assessment for an occupation that is on the relevant skilled occupation list.

Must have a positive skills assessment for the occupation being sponsored for, unless an exemption applies.

8

Work Experience

Subject to requirements of skills assessment authority.

Must have at least three years of full-time work experience in the nominated occupation.

9

Health and Character Requirements

Must meet the health and character requirements set by the Australian government, including PIC 4005 (no health waiver available).

Must meet the health and character requirements set by the Australian government, including PIC 4007 (health waiver available for Employer Sponsored stream) and PIC 4005 (no health waiver available) for Labour Agreement stream.

10
Cost

From A$4,770

From A$4,770

11
Application Process

  • Stage 1 - Expression of Interest (EOI) via the Department’s online SkillSelect system is lodged.
  • Stage 2 – A State or Territory government agency makes a nomination or an eligible family member residing in a designated regional area becomes a sponsor.
  • Stage 3 – The Department of Home Affairs invites to apply for the visa.
  • Stage 4 – An application for a subclass 491 visa is made within 60 days of being invited to apply.
  • The employer is or applies to become a standard business sponsor.
  • The employer submits a nomination of the overseas worker (the nominee).
  • The nominee submits a corresponding application for a subclass 494 visa.

12
Visa Processing Times

As at 15 February 2025:

  • State or territory government nominated: 18 to 22 months
  • Family sponsored: 21 to 23 months

As at 15 February 2025:

  • Employer sponsored: 3 to 7 months
  • Labour agreement stream: 6 to 7 months

Key Differences between Subclass 491 and 494 Visas

  • Sponsorship: The subclass 491 visa requires nomination by a state or territory government or sponsorship by a family member, whereas the subclass 494 visa requires employer sponsorship.

  • Application Process: The subclass 491 visa uses a points-based system involving submission of an EOI and receipt of an invitation to apply for the visa, while the subclass 494 visa involves a direct employer nomination and skills assessment.

  • Flexibility: The subclass 491 visa offers more flexibility in terms of choosing an employer as it does not require a specific job offer at the time of application.

  • Priority processing: The subclass 494 visa is included in the list of top priority visas for processing purposes. Therefore, subclass 494 visa applications processing times are considerably shorter than those for subclass 491 visa applications.

Both the subclass 491 and 494 visas offer a clear pathway to permanent residency after meeting the required conditions. In addition, living in regional areas can offer a higher quality of life with less congestion, lower living costs and a strong sense of community.


Article written by Immigration Advisor, Aselle Yermekova (MARN: 2518759) with Ruppert Legal Principal, Ndi Ruppert.

Paralegal, Grace Wong

 

Please note that this publication is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances.

If you have found the  publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact us at info@ruppertlegal.com.au or make an appointment at a time convenient to you via the Ruppert Legal Booking Page.

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