Subclass 491 visa replaced the 489 visa and Subclass 494 visa replaced the 187 visa on 16 November 2019. In this article, we are highlighting the key features of the 491 and 494 visa- new pathways to permanent residency.
Subclass 491 Visa:
Subclass 491 is a Skilled Work Regional Provisional Visa with a validity period of 5 years. This visa has two streams:
(i) State-Sponsored Stream, and (ii) Family Sponsored Stream
To Be eligible to apply for 491 visa an applicant needs to
- be sponsored by a State or Territory or an eligible relative living in a designated Regional Area (15 points will be awarded with this sponsorship)
- be under 45 years unless exemption applies
- have a positive skill assessment
- have at least competent English
- have adequate points for getting an invitation
- meet health and character requirement
Subclass 494 Visa
Subclass 494 is a Skilled Employer Sponsored Regional Provisional Visa with a validity period of 5 years. Subclass 494 involves three-step process: (i) Sponsorship (ii) Nomination, and (iii) Visa application
To Be eligible to apply for 494 visa an applicant needs to
- be sponsored by an employer in Regional Australia who has an RCB Approval
- be under 45 years
- have competent English
- have three-year full-time experience in the nominated occupation or a related field at the same level of skill
- have a positive skill assessment
Visa Conditions:
Once granted 491 and 494 visa applicants need to live, work and study in regional Australia. They can move between Australian regions. Regional Australia is anywhere except Sydney, Melbourne and Brisbane. However, if 494 applicants change nominator, they will have only 90 days to find a new nominator. Another important thing to note is that 491 and 494 visa applicants will be unable to apply for any other types of visa in Australia for first three years unless exceptional circumstances applies. You can apply for permanent residency visa Subclass 191 after three years provided that your annual income is at least $53,900 for three years. For both 491 and 494 visa, your partner can also be the main applicant if they can meet this requirement.
Our Notes:
Great opportunity for the applicants intending to migrate to Australia. To be eligible for 491 visa an applicant needs to be sponsored by a either a State/Territory or a family member living in Regional Australia. Different States have different sponsorship requirements. Generally, an applicant has multiple options to meet this requirement such as studying in a state for certain number of years, working and/or living in a State or Territory for a minimum time-frame. Addressing the state stream or family stream sponsorship criteria are critical to the successful application for 491 visa. On the other hand, 494 visa applicants need to go through the three stages process: Sponsorship, Nomination and Visa. As one stage relates to the other, it is very important that your application is decision ready. The advantage of 494 visa is that the visa applicant does not need to be nominated again when applying for permanent residency 191 visa.
Here at K Group Legal we help both visa applicant and employer through the visa application process. If you require professional assistance in relation to your visa application, you can contact us through: (02) 8379 1811 or info@kgrouplegal.com.au