Permanent Residence (Skilled Regional) Visa (Subclass 191): Frequently Asked Questions

The subclass 191 visa is a recently introduced visa that came into effect on 5 Mar 2022. This new visa offers a migration pathway for temporary skilled visa holders who meets the eligibility criteria to continue their live in Australia as a permanent resident. This article answers some of the most frequently asked questions about applying for a subclass 191 visa. 

📣 FAQS 📣

What is the eligibility criteria for this visa? ✅

The eligibility criteria depend on which streams you nominate. There are 2 streams under subclass 191 visa currently, the Regional Provisional stream and the Hong Kong stream. You must hold the relevant qualifying visas to be eligible for each stream respectively.

To be eligible under the Regional Provisional Visas stream, you must:

• Have held, and continue to hold, a subclass 491 or 494 visa for at least 3 years before you apply;
• Comply with visa conditions while holding the qualifying visa;
• Provide notices of assessment from the Australian Taxation Office (‘ATO’) for at least 3 income years out of the 5 years holding the qualifying visa;
• Meet the health and character requirements.

To be eligible under the Hong Kong (Regional) stream, you must:

• Hold a Hong Kong passport or a British National (Overseas) passport;
• Be a primary holder of an eligible subclass 457, 482, or 485 visa for at least 3 years before you apply;
• Comply with visa conditions while holding the qualifying visa;
• Have worked or studied only in a designated regional area for 3 years before you apply;
• Have been usually resident in Australia continuously only in a designated regional area for 3 years before you apply;
• Have at least functional English, or elect to pay the second instalment of the VAC
• Meet the health and character requirements 

📍 What areas in Australia must I live, work or study to be eligible for a subclass 191 visa? 

You must live, work and study only in a designated regional area in Australia to be eligible for this visa. For the Regional Provisional Visas stream, this area must be the one relevant to your subclass 491 or 494 visa nomination to comply with the visa condition.

Most locations of Australia outside some major cities, namely Sydney, Melbourne, and Brisbane, are considered as designated regional areas for migration purposes.

You can find out more information about designated regional areas on the Department’s website over here.

When can I apply for a subclass 191 visa? 📅

You can apply once you have held the qualifying visas for at least 3 years.

You must apply for this visa only on/after 16 November 2022 under the Regional Provisional Visas stream, or only on/after 5 March 2022 under the Hong Kong (Regional) stream.

🔍 How much does it cost to apply for a subclass 191 visa? 

From 1 July 2023, the Visa Application Charges for this visa are as follow: 

There is an extra charge of $4,885 for a secondary applicant under the Hong Kong (Regional) stream who is at least 18 years old and not have Functional English. These fees may be subject to changes in the future as the Australian government generally increases the fees in line with CPI each financial year.

How long does it take to process subclass 191 visa? ⌛

Visa processing time can vary for a range of reasons, including:

• The completeness of your application, including all necessary supporting documents.
• Your responsiveness in providing additional information when requested.
• The duration required to conduct necessary checks on the provided supporting information.
• The time taken to obtain additional information from external agencies, particularly concerning health, character, and national security requirements.
• The availability of vacancies in the migration program.

You can find an official guide on the Department’s website over here.  Currently there is no data on the subclass 191 visa processing time because it is a newly introduced visa. 

🚫 Is there an age restriction for subclass 191 visa?

There is no age restriction for this visa, but there is an age restriction for some of the qualifying visas. For example, as a primary applicant, you must be less than 45 years old for a subclass 491 visa application, or less than 50 years old for a subclass 485 visa application. You must also be less than 45 years old to apply for subclass 494 visa unless an exemption applies.

Is there an income requirement for subclass 191 visa? 📈

Currently, there is no income requirement to apply for this visa.

Under the Regional Provisional Visas stream, you must provide notices of assessment from ATO for at least 3 income years out of the 5 years holding the qualifying visa. The Australian government has mentioned placing a minimum income threshold on this visa, but no specifics have been confirmed so far.

📝 Can family members be included in the visa application?

Yes, you can make a combined application with your family members as secondary applicants to your subclass 191 visa application.

For a successful outcome, your family member must comply with the visa conditions on their qualifying visas.

If your children are included in the grant of your qualifying visa, they can be considered as your family members for migration purposes even after they turn 23 years old, as long as they continue to be in your family unit.

Is a health waiver available for subclass 191 visa? 🏥

Yes. The subclass 191 visa is subject to PIC 4007 which means you can apply for a health waiver if you do not meet the health requirements. A health waiver is crucial for a successful application outcome in this situation.

The Department and Medical Officer of the Commonwealth assess the health waiver applications on a case-by-case basis. For a successful outcome, you must submit:

• The compassionate and compelling circumstances you or your family members have that support exercising a health waiver, and
• Whether you or your family members can lessen the potential cost of the medical condition, and the reliance on Australian health care and community services

🏞️ Can I apply for a Subclass 191 visa if I have not lived in a designated regional area?

No, to be eligible for a subclass 191 visa, you must have lived and worked in a designated regional area of Australia for at least three years while holding a qualifying visa/s.

Can I travel outside Australia while my Subclass 191 visa application is being processed? ✈️

It is generally possible to travel outside Australia while your Subclass 191 visa application is being processed as the applicant may be in or outside Australia when the visa is granted. However, you should consult with a migration agent or lawyer to check whether you have travel rights on the visa which you hold while the application is being processed.  

🏠 What are the benefits of permanent residence?

A permanent resident can live, work and study without restrictions (or much fewer restrictions than temporary visa holders) in Australia.

As a permanent resident, you generally can:

• Remain in Australia indefinitely
• Work and study in Australia
• Enrol in Australia’s national health scheme, Medicare
• Sponsor eligible relatives for temporary or permanent residence 
• Apply for Australian citizenship, if eligible
• Travel to and from Australia for as long as your travel facility permits
• Apply for bank loans to buy property
• Attend free English language classes provided by the Adult Migrant English Program

If eligible, you may also apply for Australian citizenship by conferral in the future.

Final thoughts 💭

The newly introduced subclass 191 visa provides a valuable opportunity for eligible temporary skilled visa holders to transition to permanent residency in Australia.  As a permanent resident, individuals can enjoy numerous benefits, including unrestricted living, working, and studying in Australia, access to Medicare, and the opportunity to sponsor eligible relatives for temporary or permanent residence.

The Australian government is likely to continue amending the requirements of subclass 191 visa, and it is essential that you have up-to-date information about this visa option.

This highlights the importance to seek advice from an experienced immigration professional who can help you navigate the Australian migration system and avoid potential issues. At Migration Affairs, we have a team of experienced immigration experts who are dedicated to assisting our clients in fulfilling their immigration goals. 

Contact us today to schedule a consultation and learn more about how we can assist you on your immigration journey.

This newsletter should not be construed as legal advice and to obtain current information, please seek the advice of an immigration professional.