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If you are seeking to reside in Australia, you may be eligible to apply for the 191 visa, which allows you to live and work in Australia permanently. On 16 November 2022, the Australian Government opened applications for the Permanent Residence (Skilled Regional) visa (subclass 191). The Government first announced the 191 visa on 20 March 2019 to urge skilled migrants to live, work, and study in designated regional areas of Australia and address labour shortages. This article will explore the two streams under this visa, so you can determine whether you are eligible.
The Two Streams
Both streams provide a pathway to permanent residency for holders of subclass 491 and 494 visas and eligible Hong Kong or British National (Overseas) passport holders with eligible visas. Furthermore, both streams also require individuals to satisfy:
- public interest criteria;
- health requirements; and
- character requirements.
Let us explore the eligibility requirements for the two streams.
1. Regional Provisional Stream
The Regional Provisional stream of the 191 visa is for 491 and 494 visa holders. Accordingly, if you wish to pursue this route, you must satisfy the following eligibility requirements.
- You must have lived, worked, and studied only in a designated regional area, specifically:
- for 491 visa holders, this must be from the time your 491 visa was granted; and
- for 494 visa holders, this must be from the time you were nominated by your sponsor.
- You must have lived, worked, and studied, only in a designated regional area for 3 years before your 191 visa application date.
- Your taxable income for 3 years right before your 191 visa application date is at least the minimum income threshold (currently at $53,900).
- You must provide copies of notices of assessment in relation to #3, from the Australian Taxation Office.
2. Hong Kong Stream
The Hong Kong stream is for eligible Hong Kong or British National (Overseas) passport holders. To pursue this route, you must satisfy the following eligibility requirements.
- You must hold a Hong Kong or a British National (Overseas) passport.
- You must have held any of the following visas at the time of your 191 visa application:
- Subclass 457 (Temporary Work (Skilled)) visa;
- Subclass 482 (Temporary Skill Shortage) visa; or
- Subclass 485 (Temporary Graduate) visa.
- You must have lived, worked, or studied in a designated regional area for 3 years, ending immediately before your 191 visa application date.
- You must have been usually a resident in Australia for a continuous period of at least 3 years before the date of your 191 visa application. The Department will consider the following factors in assessing whether you are usually a resident in Australia:
- your physical presence in Australia; and
- your intention to consider Australia as your home.
Benefits of the 191 Visa
There are two key advantages to a 191 visa.
Firstly, the 191 visa is a permanent residence visa. As a holder, you can stay in Australia permanently (subject to a five-year travel facility) and be eligible for public health care, education support, unemployment payment, etc. Furthermore, the 191 visa also allows you to live, work, and study anywhere in Australia despite being classified as a Skilled Regional visa. You may also sponsor eligible family members to come to Australia. Once eligible, you may apply for Australian citizenship.
Secondly, unlike the 186, 187, and 190 visas, you do not need a sponsor or nominator. Accordingly, you do not have to go through the trouble of looking for an Australian employer willing to nominate you, nor would you have to go through a skills assessment and seek an invitation to apply. The 191 visa involves one application.
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Key Takeaways
The 191 visa provides a pathway to permanent residency that does not require the onerous process of sponsorship, nomination, or skills assessment. Nevertheless, it still requires meticulous and well-thought-out steps to submit the application.
If you need help applying for the 191 visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Yes, your family can be secondary applicants to your application. They must be members of your family unit and included in your 191 visa application. Additionally, they must satisfy the public interest criteria, health, and character requirements, and have substantially complied with the conditions of any Australian visas they have held.
Yes. The 191 visa will permit you to travel outside and re-enter Australia. However, there is a five-year travel facility. Once the relevant five-year travel period expires, you must apply for a Resident Return Visa to travel to and from Australia.
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