Understanding the 191 Visa: Skilled Regional | MJLegal

Understanding the 191 Visa: Skilled Regional

Amasha
March 1

The intention behind the Subclass 191 visa - Permanent Residence (Skilled Regional) visa is to provide a pathway designed for individuals who have already proven their commitment to living and working in regional Australia. This visa was introduced on November, 2022 as the final step for holders of the Subclass 491 and 494 visas to transition to permanent residency. In this blog post, we are going to focus the intricacies of the Subclass 191 visa, exploring its eligibility requirements, benefits, and application process.

Eligibility Requirements

To be eligible for the Subclass 191 visa, applicants must meet several criteria:

  • Primary Visa Holder: Applicant must hold a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
  • Residence Requirement: Applicants are required to have lived, worked, or studied in a designated regional area of Australia for at least three years while holding one of the above provisional visas.
  • Income Threshold: There is no minimum income requirement, but applicant must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of your eligible visa.
  • Compliance with Visa Conditions: Applicants must have complied with all the conditions of their 491 or 494 visas.
  • Health and Character Requirements: Like most Australian visas, applicants must meet certain health and character requirements.

Benefits of the Subclass 191 Visa

The Subclass 191 visa offers several significant benefits:

  • Permanent Residency: Grants permanent residency in Australia, allowing to live, work, and study in Australia.
  • Access to Medicare: Holders of the Subclass 191 visa have access to Australia’s public healthcare system, Medicare.
  • Pathway to Citizenship: Once certain residency requirements are met, 191 visa holders may be eligible to apply for Australian citizenship.
  • Family Inclusion: Applicants have the opportunity to mention members of their family unit in their application and sponsor relatives to come to Australia.

Application Process

The application process for the Subclass 191 visa involves several steps:

  1. Ensure Eligibility: Before applying, ensure that you meet all the eligibility criteria, including the residence requirement.
  2. Gather Documentation: Compile all necessary documents, including proof of income, residence, compliance with visa conditions, health, and character documents.
  3. Submit the Application: Applications for the Subclass 191 visa can be submitted online through the Department of Home Affairs website. Ensure all details are accurate and all necessary documents are attached.
  4. Application Review and Decision: After submission, your application will be reviewed by the Department of Home Affairs. This process can take several months.
  5. Grant of Visa: The successful applications will be granted the Subclass 191 visa and the applicant can live in Australia as a permanent resident.  

Challenges and Considerations

While the Subclass 191 visa offers a straightforward pathway to permanent residency, applicants may face certain challenges:

  • Meeting Income Thresholds: Sustaining the required income level for three years can be challenging, especially in uncertain economic times or for certain professions.
  • Maintaining Compliance: It’s essential to adhere to all conditions of applicant’s provisional visa to ensure eligibility for the 191 visa.
  • Regional Living: Living in regional Australia, can be different from living in major cities in terms of job opportunities, lifestyle, and services and applicants have be prepared for that.

Conclusion

The Subclass 191 visa is a reward for skilled workers and their families who have committed themselves to live in regional Australia. It is important to understand all requirements to obtain a secured and permanent future in Australia. If you are wishing to consider this pathway, it may be beneficial to seek advice from a registered migration agent or immigration lawyer for a successful application.

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