Permanent Residence (Skilled Regional) visa (subclass 191)

*This visa does not commence until 16 November 2022.*

 

The 191 visa is the permanent residency pathway visa for the Skilled Employer Sponsored Regional 494 visa and the Skilled Work Regional 491 visa.

To apply for the permanent 191 visa, you must have held one of the following visas for at least 3 full financial years:

This is a regional permanent visa, for those who have lived and worked in regional Australia.

 

191 Visa Salary Requirements

This has been the big question for over six months.

I have made videos on the topic. I have contacted DHA and followed up with the peak professional body the Migration Institute of Australia.

More recently with the TSMIT announced as going up, the questions from 491 visa holders have been frequent and there have been lots of videos.

So now the Department of Home Affairs has clarified, by a post on their website on 21st June 2023.

It says:

"There is no minimum income requirement for the Permanent Residence (Skilled Regional) visa (subclass 191).

Primary applicants must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of their eligible visa. Primary applicants who have already lodged should ensure their application provides these three notices."

 

So this is a great relief for 491 holders.

It also will upset many, who have been struggling and doing multiple jobs to try and meet what they thought was the requirement of $53,900.

To repeat, there is currently no income requirement for the 191 visa.

We will keep you posted if the Department decides to put an income requirement in place in the future.

 

191 Visa Requirements

Income Year Requirement for 191 Visa

Applicants for the 191 visa need to show that while they held their SESR 494 visa or SWR 491 visa, they earned at or above the income threshold. 

This is where applicants, especially those on the SWR 491 visa, may run into trouble. On arriving in your regional area on your visa, you will need to find employment which pays at least the minimum salary for the 191 visa as soon as possible.

Visa holders may find themselves needing to work multiple jobs in their regional area to earn the required amount. You can work in any occupation, not necessarily just the one you were nominated for. 

Income year calculation for 191 Skilled Regional Permanent Residency Visa

An income year is a relevant income year for an applicant if:

  1. the income year ended before the date of application; and
  2. the applicant held a regional provisional visa (Visa 491 or visa 494) for all or part of the income year

Functional English requirement for 191 visa

While primary applicants will not be required to show any English language requirement, secondary applicants (that is spouse/de facto partner and children over 18) will need to show at least functional English

You may be required to pay a second visa application charge for those applicants for applicants who cannot show functional English. This charge is usually around $5,000.


Visa compliance requirement for 191 visa

To be eligible for the 191 visa, applicants need to show they have complied with their visa conditions for the duration of their visa.

The current conditions for the SESR 494 visa include:

  • 8608 - 494 nominated work condition
  • 8578 - notify the Department of certain changes in details
  • 8579 - must live in a regional area
  • 8580 - if requested, provide certain information
  • 8581 - if requested, attend an interview with the Department

The current conditions for the SWR 491 visa include:

  • 8578 - notify the Department of certain changes in details
  • 8579 - must live in a Designated regional area
  • 8580 - if requested, provide certain information
  • 8581 - if requested, attend an interview with the Department

Visa conditions may change and it is important that you ensure you comply with the conditions on your particular visa. Conditions can be complex and may apply differently for different family members. 

You should seek professional advice to determine if your planned activities comply with your visa conditions.

 

For further information watch the video below:

 


Can the primary applicant change employment when applying for the 191 visa?

This is a hot question which has not been answered by the Department of Home Affairs as yet. While role-swapping was possible from the 489 visa transition to the 887 visa, it is not definite that this will be possible for the 191 visa. 

There is nothing in the available information, however, which expressly precludes this. More information to come. 

 

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

  • your eligibility for a 191 visa
  • documents to demonstrate the income requirement

  • compliance with your visa conditions

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

 

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