Subclass 491 - Skilled Regional (Provisional)

Subclass 491 – Skilled Regional (Provisional) –

• Commences 16 November 2019

• Two streams – State/Territory sponsored and family member residing in designated area sponsored

State/Territory sponsored stream:

• Must be nominated by State/Territory Government;
• Review rights for refusal to grant this visa to an offshore applicant will extend to State/Territory authorities under Part 5 – reviewable decisions.

Family member sponsored stream:

• Must be sponsored by a family member who is over 18 and is an Australian Citizen, Australian permanent resident or eligible New Zealand citizen;
• Sponsor must be usually resident in a designated regional area;
• Sponsor must be related to the primary applicant or their spouse or defacto partner;
• Family member is defined as parent, child or step-child, brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or a grandparent; or a first cousin.
• Obligation to assist visa holder to the extent necessary, financially, with accommodation and to participate in AMEP English language program for 2 years.

Applicant requirements:

• Schedule 6D points test applies,
• Must have been invited to apply,
• Must not have turned 45 at time of application,
• Must have skilled occupation on an applicable list and have a valid, suitable skills assessment,
• Primary applicant must have competent English at time of application,
• Must declare genuine intention to live, work and study in designated regional area,
• Health PIC 4005 and character PIC apply to all primary applicants and members of family unit, whether applicants or not,
• May apply and be granted inside or outside Australia, but not in immigration clearance,
• Must be holder of substantive visa or BVA, BVB or BVC to apply onshore,
• Temporary visa – five years validity,
• Conditions 8578, 8579, 8580 and 8581 must be imposed,
• VAC – Base application charge: primary applicant $3,755; additional applicant over 18 years: $1,875; under 18 years: $940,
• Second VAC instalment if required – Less than functional English over 18 years: $4,890; any other applicant: nil,
• Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 491 visa, subject to meeting prescribed requirements.

EXTRACT: MIA