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Subclass 491 and 190 Visa Australia | Difference | ARZ Consultants

subclass 190 and 491

What is the Difference Between Subclass 491 and 190 Visas?

In this blog, you will learn about subclass 491 and 190 visa difference.

Australia has various skilled migration visas for skilled professionals to migrate to Australia and work there.

Among others, Subclass 491 Skilled Work Regional (Provisional) Visa and Subclass 190 Skilled Nominated Visa are among the most sought after visa classes to migrate to Australia on a points-tested basis.

Moreover, the General Skilled Migration (GSM) program includes both visas, which differ significantly in terms of eligibility, residency requirements, duration, and pathways to permanent residency.

Knowing the terms of these two visa types is crucial for a potential migrant, so they can make an informed choice that fits better with their career goals and subjective preferences.

Overview of Subclass 491 and 190 Visa

FeatureSubclass 491 VisaSubclass 190 Visa
Type of VisaProvisional (temporary) visaPermanent residency visa
DurationUp to 5 yearsPermanent (no time limit)
Pathway to PRYes – through Subclass 191 after meeting requirements (e.g., 3 years in regional area)Already grants permanent residency
Nomination/SponsorshipState/territory nomination or sponsorship by eligible family member in regional areaState or territory government nomination only
Work and Live LocationMust live and work in designated regional areasMust live and work in the nominating state or territory
Initial ObligationMust stay in regional areas for 3 years to be eligible for PRExpected to stay in nominating state for 2 years, not legally enforced
Points TestYes – must meet minimum points requirementYes – must meet minimum points requirement
Access to Government BenefitsLimited while on provisional visaFull access as a permanent resident
Family MembersCan include eligible family membersCan include eligible family members
Main PurposeTo support regional population and economic growthTo fill skill shortages in specific states or territories

Points Test and Nomination Process

In terms of testing points, they designed both 491 and 190 visas to be open for points testing.

That is, potential applicants for both visas must submit an Expression of Interest (EOI) through the SkillSelect system first and only to be invited to apply based on their points score.

For either visa, a minimum of 65 points is a must. Due to the competition, though, higher points might greatly improve the odds of getting that invitation.

Thus for Subclass 491, the nomination may be by state or territory government in respect of deficiencies in the region regarding skilled occupations or sponsorship by any eligible family member residing in a designated regional area.

Though quite varied by region and occupation, the nomination criteria do exist in Australia. In contrast, the entire nomination mechanism for Subclass 190 will only come from some state or territory government.

Each state has its own demand list of occupations, and the applicant needs to meet other specifications enacted by the respective nominating state, which may include work experience, English proficiency deficiency, or even living and working for a certain period in the state.

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Also Read: Immigrate to Australia as a Civil Engineer

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Duration and Residency Rights

The duration and residency rights are two main aspects that differ between the two visas. The 491 visa is a temporary visa for five years. During that time, the holders of visas must live, work, and study in regional Australia.

Holders of the 491 visa will apply for permanent residency through the Subclass 191 visa if they meet these criteria for at least three years, mainly income thresholds and regional residency requirements.

On the contrary, a 190 visa is intended to offer an immediate permanent resident status. Once granted, it will avail a five-year travel facility to such holders, but there are no restrictions on locations within their nominating state.

This essentially means that the individual enjoys full rights under permanent residency, including Medicare and social security benefit access (with waiting periods), and ultimately Australian citizenship.

Geographical Restrictions and Freedom of Movement

The 491 visa has clear geographical restrictions. Visa holders must live and work only in designated regional areas.

These are broad and include most areas of Australia, such as Adelaide, Canberra, Hobart, Darwin, and regional parts of New South Wales, Queensland, and Victoria.

However, they specifically omit Sydney, Melbourne, and Brisbane.

Moving into non-regional areas without approval can lead to visa cancellation or compromise the pathway to permanent residency.

In contrast, however, the 190 visa places no such restrictions.

Though it does require applicants to live and work in the nominating state or territory for at least two years, there are no further binding conditions on any subsequent relocations after that period.

The visa itself enables applicants to move between states or territories rather than adapting, like the 491 visa where regions apply the requirements.
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Family Sponsorship versus State Nomination

Another major difference exists regarding the nomination options. Under the 491 visa, skilled workers can sponsor themselves through an eligible family member, who must be a permanent resident or citizen living in a designated regional area.

This is thus a pathway for people not earning a nomination from a state or territory but have family connections to regional Australia.

The 190 visa does not recognize family sponsorship but is purely based on state or territory nomination, which in many cases comes with stringent criteria on demand lists and occupation ceilings.

Pathway to Permanent Residency

While both visas ultimately lead to permanent residency, the processes differ.

The Subclass 491 visa requires holders to live and work in a regional area for at least three years while meeting a minimum taxable income requirement (currently AUD 53,900 per year for at least three years).

After fulfilling these conditions, applicants can apply for the Subclass 191 visa, which grants permanent residency.

The Subclass 190 visa provides permanent residency from the outset.

Once granted, there are no further obligations to convert the visa to a permanent status, making it a more straightforward and faster pathway for those eligible.

This difference in timelines and requirements can significantly impact a candidate’s migration strategy, depending on their personal and professional situation.

Processing Times and Costs

Processing times for both visas can vary depending on the volume of applications, the completeness of submitted documents, and the nomination process.

Generally, the authorities may process Subclass 190 visas slightly faster due to their permanent nature and more straightforward conditions.

However, 491 visas may take longer, especially when assessing compliance with regional requirements or validating family sponsorship.

In terms of cost, the base application fee for both visas is similar, but additional costs such as medical examinations, English tests, skills assessments, and police clearance certificates can vary.

Since the 491 visa is provisional, applicants will eventually incur additional fees when applying for the 191 permanent visa.

Therefore, the overall cost of migrating through the 491 pathway may be slightly higher in the long term.

Conclusion

Both the Subclass 491 and 190 visas are excellent pathways for skilled professionals seeking to migrate to Australia, but they cater to different needs and circumstances.

The Subclass 491 visa is ideal for those who have ties to regional Australia or are open to living in less populated areas for a few years before attaining permanent residency.

It provides an opportunity to build a life in Australia while contributing to the development of regional economies.

In contrast, the Subclass 190 visa suits professionals who meet the specific requirements of a state or territory and are looking for a more direct and immediate route to permanent residency.

Ultimately, you should make the choice between the two visas based on a careful assessment of your occupation, point score, family connections, lifestyle preferences, and long-term goals.

Consulting a registered migration agent can also help you navigate the complexities and ensure you choose the visa that offers the best opportunity for success in your Australian migration journey.

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