TL;DR
Subclass 189 visa is for skilled workers seeking permanent residency without employer or state sponsorship.
491 visa holders can apply for the 189 visa after living and working in a regional area for 3 years.
Submit an Expression of Interest (EOI) through SkillSelect to receive an invitation to apply for the 189 visa.
You need to meet age, skills, English proficiency, and points requirements (minimum 65 points).
The process involves submitting documents, waiting for an invitation, and then applying within 60 days.
Are you a Subclass 491 visa holder wondering if you can make the leap to the 189 Skilled Independent visa? If you’ve been living and working in a regional area of Australia for a few years, you might be feeling that you’re ready for the next step. But how do you get there, and what does the process look like?
Don’t worry, you’re not alone. Many skilled workers in Australia are looking to transition from their 491 visa to the 189 visa, but the process can seem a bit tricky.
In this guide, we’ll walk you through the eligibility requirements, the steps involved, and some common pitfalls to avoid. Whether you’re aiming for a smoother application or just need some clarity, this blog has got you covered.
Please Note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or check The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.
Understanding the 491 and 189 Visas
If you’re currently holding a Subclass 491 visa or considering the pathway to permanent residency in Australia, you may be wondering about the possibility of transitioning to a 189 Skilled Independent visa. Before diving into the process, it’s important to first understand the key differences between these two visas and how they relate to one another.
491 Visa (Skilled Work Regional – Provisional)
The Subclass 491 visa is a temporary, regional visa that lets skilled workers live, work, and study in designated regional areas of Australia for up to five years. The aim of this visa is to address regional skills shortages by encouraging migrants to settle and contribute to these areas. It’s an essential step for many looking to eventually qualify for permanent residency in Australia.
Purpose of the 491 visa: This visa is for skilled workers who want to live and work in regional areas. It helps meet the demand for skilled workers in less-populated areas of Australia.
Key requirements: You must live and work in a regional area, and your employer doesn’t necessarily need to be based in the region. However, your work must contribute to the region’s economy.
Path to permanent residency: After holding the 491 visa for three years, you may apply for the Subclass 191 (Permanent Residence Skilled Regional) visa, provided you meet the conditions.
189 Visa (Skilled Independent – Permanent)
The Subclass 189 visa is a permanent residency visa made for skilled workers who don’t need an employer or state sponsorship. It’s one of the most popular pathways to permanent residency because it’s based on your skills and qualifications rather than on an employer or a state’s need for you.
Permanent residency: With this visa, skilled workers get to live and work anywhere in Australia, with no regional restrictions. It is based on an invitation-only system, where you must submit an Expression of Interest (EOI) through SkillSelect.
Eligibility: You must be invited to apply, and your visa application will be assessed depending on your skills, age, English language ability, and points score.
Key advantage: Unlike the 491 visa, the 189 visa does not require a commitment to live or work in a regional area, making it a more flexible option for skilled workers.
Now that we understand the basics of both visas, the next question is whether a 491 visa holder can apply for the 189 visa, and what conditions need to be met.
Can 491 Visa Holders Apply for 189 Visa?
The short answer is: Yes, but there are specific requirements and conditions that you must meet.
1. Condition 8579 and Regional Obligation
If you hold a Subclass 491 visa, you are bound by Condition 8579, which requires you to live and work in an Australian designated regional area (DRA). You must have complied with this condition for at least three years before applying for the 189 visa. The regional obligation is essential in demonstrating your commitment to contributing to regional areas.
2. Living and Working in a Regional Area
Your work location should be in a DRA, and you must live in a DRA as well. The employer doesn’t necessarily need to be in a regional area, but your job must be within the DRA. For example, working in a local office located in a DRA meets the requirements, even if your employer is based in a metropolitan area.
3. Incidental Travel and Work Outside the DRA
While you’re bound by the regional requirements, incidental activities such as holidays or work-related travel outside the DRA are allowed. However, spending over 90 days in total outside the DRA in one year or more than 60 consecutive days could affect your eligibility for the 189 visa.
Now that you understand the conditions that apply, let’s look at the exact eligibility criteria you need to meet in order to apply for the 189 visa.
Eligibility Requirements to Apply for 189 from a 491 Visa
Before applying for the 189 visa, you must ensure that you meet all the eligibility requirements. Here’s what you need to check:
1. Holding the 491 Visa for Three Years
You must have held the Subclass 491 visa for a minimum of three years before applying for the 189 visa. It’s crucial to comply with Condition 8579 during this period to be eligible for permanent residency.
2. Submitting an Expression of Interest (EOI)
To be invited to apply for the 189 visa, you need to submit an EOI through SkillSelect. This process involves providing your personal details, qualifications, work experience, and other relevant information. Once your EOI is submitted, you will be ranked against other applicants based on the points system.
3. Meeting Age, Skills, and Language Requirements
You must be under 45 years of age at the time of the invitation. Additionally, you need to score at least 65 points on the points test, which takes into account factors like age, qualifications, work experience, and English language proficiency. A suitable skills assessment must be completed to verify that your qualifications and experience align with the requirements for the 189 visa.
4. English Language Proficiency
To ensure effective integration into Australian society and the workforce, you must demonstrate a high level of English language proficiency. Typically, this involves taking an approved English test like the IELTS or PTE.
At Knowbal Migration and Education, we offer expert guidance to ensure that your application for the 189 visa goes smoothly. Our team of registered migration agents can assess your eligibility, assist with your EOI, and ensure you meet all requirements for a successful application. Contact us today to start your PR journey!
Now that we’ve covered the eligibility, let’s move on to the step-by-step process of applying for the 189 visa from a 491 visa.
Step-by-Step Process for Applying for 189 Visa from 491
If you’re eligible and ready to apply for the 189 visa, here’s the detailed process to follow:
Step 1: Submit Expression of Interest (EOI)
The first step is to submit your EOI through SkillSelect, which will allow you to express your intention to apply for the 189 visa. Your EOI will include personal details, your occupation, and your points score.
Step 2: Receive Your Invitation to Apply
Based on your EOI, you will be ranked against other candidates. Invitations are issued periodically, and those with the highest scores are invited to apply for the 189 visa.
Step 3: Gather Documents and Apply for the Visa
After receiving the invitation, you’ll have 60 days to submit your application. You’ll need to gather all necessary documents to support your claims in the EOI. This includes documents like your skills assessment, proof of English proficiency, health checks, and character documentation.
Step 4: Wait for Visa Outcome
Once your application is submitted, the Department of Home Affairs will process it and notify you of the outcome. If granted, you will receive a visa grant notification, including your visa conditions and start date.
With the application process covered, let’s look at the common mistakes you should avoid during this transition.
Common Mistakes to Avoid When Transitioning from 491 to 189 Visa
Transitioning from a Subclass 491 visa to a 189 Skilled Independent visa is an exciting opportunity, but there are a few common mistakes that could derail your progress. Here are the key pitfalls to watch out for:
1. Applying Before Meeting the 491 Conditions
It’s important not to apply for the 189 visa before meeting all the conditions attached to your Subclass 491 visa. Ensure you’ve lived and worked in a regional area for the required three years before submitting your EOI.
2. Not Updating Your Employment and Address Details
Keep your contact details, employer information, and address updated with the Department of Home Affairs. Failing to do so could lead to delays or complications in the application process.
3. Misunderstanding the Regional Work and Residence Obligations
Make sure you fully understand the requirements of living and working in a designated regional area. Spending too much time outside these areas could affect your eligibility for the 189 visa.
Avoiding these common mistakes can save you time, effort, and frustration. By staying informed and diligent, you’ll be on the right path to a successful transition to the 189 visa.
Final Thoughts
A 491 visa holder can apply for the 189 visa once they meet the eligibility criteria, including holding the 491 visa for three years, living and working in a regional area, and meeting the required points score. By following the application steps and avoiding common mistakes, you can successfully transition from a 491 visa to a permanent residency visa.
The process of transitioning from a 491 to a 189 visa can be complex, but Knowbal Migration and Education is here to help. We offer personalised migration planning and expert assistance in ensuring that you meet all the necessary conditions to apply for your 189 visa. Contact us today!
Frequently Asked Questions (FAQs)
1. Who qualifies for the Subclass 189 visa?
To qualify for the Subclass 189 visa, you must meet specific requirements, including being invited to apply, passing a skills assessment, meeting age and English language requirements, and scoring at least 65 points on the points test.
2. How can I apply for permanent residency after holding a 491 visa?
After holding a 491 visa for at least three years, you can apply for permanent residency by meeting the conditions set for living and working in a regional area. You must submit an Expression of Interest (EOI) through SkillSelect and wait for an invitation to apply for the 189 visa.
3. How long does it take to get a decision on a 189 visa application?
The processing time for a 189 visa application typically ranges from 8 to 12 months, depending on various factors such as the complexity of your case, document completeness, and the number of applications being processed.
4. How do I get nominated for a Subclass 189 visa?
The Subclass 189 visa does not require a nomination by an employer or state. However, you must submit an Expression of Interest (EOI) through SkillSelect, and invitations are based on your points score and occupation.
5. What happens if my Subclass 189 visa application is rejected?
If your 189 visa application is rejected, Knowbal Migration and Education can assist you with the next steps. Our team can help with lodging an appeal, submitting a new application, or exploring alternative visa options.
