The Skilled Work Regional (Provisional) Visa (Subclass 491) is a fantastic option for skilled workers looking to build a life in Australia. This particular visa has been designed to encourage people holding special skills and talents to visit and reside in Australia’s regional areas. 

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While the glamour and bustle of urban cities such as Sydney and Melbourne are always fascinating, Australia’s regional areas are no less. A calmer environment, lesser traffic, and an abundance of nature, coupled with all the modern facilities that are available in urban cities. 

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The Skilled Work Regional (Provisional) Visa (Subclass 491) is often dubbed as a great pathway to enter Australia as almost 42,000 visas for this pathway are granted annually. The 491 Visa is also a pathway to obtaining permanent residency (PR) in Australia. 

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Let us dive into the 491 Visa and the pathway it creates for PR in Australia.

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Skilled Work Regional (Provisional) Visa (Subclass 491) 

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The 491 Visa allows eligible skilled workers and their families to reside, work and study in designated regional areas of Australia for 5 years. After holding this visa for 3 years, applicants may apply for PR. 

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Requirements

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Since this visa is designed to attract a specific talent pool, applicants of the 491 Visa must be nominated by: 

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• An Australian state/territory government agency or 
• An eligible family member residing in the designated regional area who will sponsor the applicant and their family (if applicable)

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Other requirements for obtaining a 491 Visa are: 

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• The applicant must submit an Expression of Interest (EOI) through the SkillSelect portal
• The applicant must be below the age of 45 years 
• The applicant must receive a positive skills assessment
• The applicant and eligible family members must demonstrate sufficient proficiency in English  
• The applicant’s occupation and skills must fall in the Skilled Occupation List

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Conditions of the 491 Visa

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There are certain conditions that apply to holders of a Skilled Work Regional (Provisional) Visa (Subclass 491). It is pertinent to adhere to these conditions to avoid the cancellation of one’s visa. 

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Condition 8515

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The 491 Visa holders must not marry or enter into a de facto relationship before entering Australia. If the Department of Home Affairs discovers that a visa holder got married, engaged or entered into a de facto relationship before granting a 491 visa without informing the Department, their visa may be cancelled. The reason this condition is applied is because the skill select points differ for applicants that are married or single applicants. 

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Condition 8578

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The 491 Visa holders must notify the Department of Home Affairs within 14 days in the case of changes to their:

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• Home address 
• Email address 
• Phone number 
• Passport details 
• Employer’s address 
• Work address 

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Condition 8579 

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The 491 Visa holders must live, work and study in the list of designated areas that were prescribed to them upon the granting of their 491 Visa. 

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Condition 8580 

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If the Department of Home Affairs sends a 491 Visa holder a letter requesting the provision of information, the visa holder must provide evidence of their: 

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• Residential address 
• Employer’s address
• Work address 
• Institution (school/university/college) address (if applicable) 

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This information must be provided to the Department of Home Affairs within 28 days. 

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Condition 8581

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The 491 Visa holders will be required to attend an interview with the Department of Home Affairs - be it on the phone, the Internet or at a physical location. 

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Designated Regional Areas 

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The Australian government has divided the designated regional areas of the country into 2 broad categories. Regional incentives for skilled migrants are offered for both categories. 

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Category 2 - Cities and Major Regional Centres 

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• Perth 
• Adelaide 
• Gold Coast 
• Sunshine Coast 
• Canberra 
• Newcastle/Lake Macquarie 
• Wollongong/Illawarra 
• Geelong 
• Hobart 

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Incentives for these regions include priority processing of regional visas and access to the Regional Occupations List (which offers more job opportunities). International graduates holding a Bachelor's Degree or higher qualification are eligible for an additional year of post-study work in Australia. 

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Category 3 - Regional Centres and Other Regional Areas 

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This category boasts of all the other regional locations across Australia. Incentives for this category include access to the dedicated 11,200 regional places, priority processing of regional visas and access to the Regional Occupations List. International graduates holding a Bachelor's Degree or higher qualification are eligible for an additional 2 years of post-study work in Australia. There will also be priority assigned in negotiating region-specific Designated Area Migration Agreements (DAMAS). 

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Transition to PR - Subclass 191 Permanent Residence (Skilled Regional) Visa 

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Once a 491 Visa holder has completed at least 3 years in the designated regional area, they may apply for a Subclass 191 Permanent Residence (Skilled Regional) Visa. 

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The Subclass 191 Permanent Residence (Skilled Regional) Visa allows visa holders to reside in Australia permanently, work and study anywhere in the country, sponsor eligible relatives for PR and apply for Australian citizenship (if eligible). 

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Requirements 

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In order to be eligible for a Subclass 191 Permanent Residence (Skilled Regional) Visa, applicants must: 

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• Already hold a Skilled Regional Visa (Subclass 491 or 494)
• Meet the minimum income for at least the previous 3 years (AUD $53,00)
• Have complied with all the conditions and requirements of their previous visas (in this case, the 491 Visa)

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While processing times may vary on a case-by-case basis, it is important to note that priority will be given to certain cases. Applicants without a spouse/de facto partner or with a spouse/de facto who holds skills applicable to the Skills Occupation List will be given 1st priority. Applicants with a spouse/de facto partner who can communicate fluently in English will be given 2nd priority. Applicants with a spouse/de facto partner who does not have competent English or special skills will be given 3rd priority.

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Conditions of the 191 Visa

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There are certain conditions that apply to holders of Subclass 191 Permanent Residence (Skilled Regional) Visa. It is pertinent to adhere to these conditions to avoid the cancellation of one’s visa. 

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Condition 8578

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The 491 Visa holders must notify the Department of Home Affairs within 14 days in the case of changes to their:

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• Home address 
• Email address 
• Phone number 
• Passport details 
• Employer’s address 
• Work address 

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Condition 8579 

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The 491 Visa holders must live, work and study in the list of designated areas that were prescribed to them upon the granting of their 491 Visa. 

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Condition 8580 

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If the Department of Home Affairs sends a 491 Visa holder a letter requesting the provision of information, the visa holder must provide evidence of their: 

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• Residential address 
• Employer’s address
• Work address 
• Institution (school/university/college) address (if applicable) 

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This information must be provided to the Department of Home Affairs within 28 days. 

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Condition 8581

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The 491 Visa holders will be required to attend an interview with the Department of Home Affairs - be it on the phone, the Internet or at a physical location. 

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Condition 8608

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A 191 Visa holder must only work in the nominated occupation identified in their application, with the nominating business or associated entity. If the primary visa holder’s employment is terminated, they have 90 days to find another position. 

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case.