Australian Subclass 191 Visa
Australian Subclass 191 Visa (Permanent Residence (Skilled Regional) Visa)
The Subclass 191 Visa, officially known as the Permanent Residence (Skilled Regional) Visa (Subclass 191), is an Australian permanent residency visa designed for eligible holders of Subclass 491 (Skilled Work Regional (Provisional)) and Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas.
This visa provides a pathway to permanent residency for individuals who have satisfied the relevant requirements after holding an eligible Subclass 491 or 494 regional visa. Once granted the Subclass 191 visa, the restrictions associated with the provisional regional visas come to an end, allowing the visa holder to live, work and study anywhere in Australia.
Below, we examine the key aspects of this visa.
Why Is the Subclass 191 Visa Important?
For many applicants, the Subclass 191 visa represents the final stage of their migration journey through regional visas.
Eligible holders of Subclass 491 and 494 visas may apply for this permanent visa if they satisfy the relevant legal requirements and can then enjoy the rights and benefits available to Australian permanent residents.
Key Benefits of the Subclass 191 Visa
1. Australian Permanent Residency
Once the Subclass 191 visa is granted, the primary applicant and eligible family members included in the application obtain Australian permanent residency.
Visa holders can:
- live in Australia indefinitely;
- work or study anywhere in Australia;
- apply for Australian citizenship, provided they meet the relevant legal requirements; and
- access many of the rights and benefits available to Australian permanent residents.
2. Freedom to Live and Work Anywhere in Australia
Unlike Subclass 491 and 494 visas, which include requirements relating to designated regional areas, there are no regional location restrictions after the Subclass 191 visa is granted.
The visa holder can live in any state, territory or city in Australia and freely continue their employment or professional activities.
3. Access to Permanent Residency Benefits
Subclass 191 visa holders enjoy many of the benefits associated with Australian permanent residency, including the ability to live permanently in Australia, work without visa-related employment restrictions and access services available to permanent residents under Australian law.
Regarding Medicare, it is important to note that many holders of Subclass 491 and 494 visas may already be eligible to enrol in Medicare before receiving the Subclass 191 visa. Therefore, access to Medicare is not exclusively dependent on obtaining the Subclass 191 visa.
4. Better Educational Opportunities
After obtaining permanent residency, applicants may receive more favourable conditions at many Australian universities and educational institutions compared with international students.
Children of visa holders may also, depending on the laws of the relevant state or territory, benefit from educational arrangements available to permanent residents.
However, tuition fees, eligibility for a Commonwealth Supported Place (CSP) and access to HELP student loans depend on Australian higher education laws and the applicant’s individual eligibility. Simply holding permanent residency does not, by itself, guarantee access to all of these benefits.
The Subclass 191 visa is one of the key pathways to Australian permanent residency for eligible holders of Subclass 491 and 494 visas. However, satisfying the requirements for this visa involves meeting the applicable legal criteria and providing sufficient evidence.
Applicants are therefore advised to have their circumstances reviewed by a Registered Migration Agent before applying to ensure compliance with the latest requirements of the Australian Department of Home Affairs.
Who Can Apply for the Subclass 191 Visa?
The Subclass 191 Visa (Permanent Residence (Skilled Regional) Visa) is a permanent residency pathway available only to individuals who have satisfied the relevant legal requirements after holding an eligible regional visa.
Generally, the primary applicant must:
- hold an eligible visa, including a Subclass 491 or Subclass 494 visa;
- have held the eligible visa for at least three (3) years;
- have complied with the conditions and requirements of their visa; and
- satisfy all other requirements under Australian immigration law.
Therefore, the Subclass 191 visa is not an independent pathway for commencing migration to Australia. Instead, it represents a subsequent permanent residency stage for eligible holders of regional visas.
Compliance with Regional Visa Conditions
One of the key requirements for obtaining the Subclass 191 visa is that the applicant must have complied with the conditions and requirements of their previous visa while holding a Subclass 491 or 494 visa.
For Subclass 491 visa holders, this generally includes living, working and studying in Designated Regional Areas, in accordance with the visa conditions.
Subclass 494 visa holders must likewise comply with the conditions and requirements applicable to their visa.
Regional areas are designated by the Australian Government and may change over time. Therefore, the applicant’s residential and employment location should be checked against the latest list of designated regional areas before taking any action.
Income Requirement for the Subclass 191 Visa
One of the key requirements for this visa is providing Notices of Assessment issued by the Australian Taxation Office (ATO).
The primary applicant must:
- provide their Notice of Assessment for three (3) relevant financial years; and
- have met the minimum Taxable Income threshold specified in the relevant regulations for each of those financial years. This income threshold may be changed by the Australian Government, so the latest applicable amount should be confirmed before submitting the application.
Tax returns and documents issued by the Australian Taxation Office form an important part of the evidence required for this visa.
Does the Type of Employment Matter?
Generally, for the Subclass 191 visa, the applicant’s job title is not the primary consideration.
What matters is that the applicant has complied with the legal requirements of their previous visa, satisfied the relevant income and taxation requirements and met all other requirements under Australian immigration law.
In some circumstances, the nature of employment, location where the work was performed or employment arrangements may be relevant when assessing compliance with the previous visa conditions. Each application should therefore be assessed according to its individual circumstances.
Health Requirements
As with many Australian permanent residency visas, applicants and family members included in the application must satisfy the Health Requirement under Australian immigration law.
Where required, the Australian Department of Home Affairs may request that applicants undergo medical examinations with government-approved Panel Physicians.
The medical examinations required are not the same for every applicant and may depend on factors such as:
- age;
- country of residence;
- travel history;
- medical circumstances; and
- the type of visa being applied for.
Where an applicant has certain medical conditions or health-related circumstances, the visa application will be assessed in accordance with the applicable health requirements.
All medical examinations must be conducted through medical providers approved by the Australian Department of Home Affairs.
Commitment to Australian Values
Applicants aged 16 or over must sign the Australian Values Statement.
By signing this statement, the applicant confirms that they understand and undertake to respect Australia’s democratic values, laws, rights and responsibilities, and way of life.
Debts to the Australian Government
One of the requirements for the Subclass 191 visa is that the applicant must not have outstanding debts to the Australian Government.
If the applicant or any family member included in the application has an unpaid debt to the Australian Government, they must, before the visa can be granted:
- pay the debt in full; or
- make arrangements acceptable to the Australian Government to repay the debt.
Subclass 191 Visa Application Fee
Applicants for the Subclass 191 visa must pay the applicable Visa Application Charge determined by the Australian Department of Home Affairs at the time the application is lodged.
In addition to the visa application charge, other costs may apply, including:
- medical examinations;
- police clearance certificates;
- certified translation of documents;
- biometric services, where requested; and
- other costs associated with preparing the application.
As government fees may change over time, applicants should check the latest applicable amounts on the official Australian Department of Home Affairs website before submitting their application.
Processing Time
Processing times for Subclass 191 visa applications vary between applicants and depend on several factors, including:
- whether all required documents have been provided;
- how quickly the applicant responds to requests for additional information;
- the results of security and health checks; and
- the volume of applications being processed.
For this reason, the Australian Department of Home Affairs does not guarantee a fixed processing time for all Subclass 191 applications, and individual processing times may vary.
Documents Required for the Subclass 191 Visa
Depending on the circumstances of the application, some or all of the following documents may be required:
- valid passports and identity documents for the applicant and family members;
- documents relating to the eligible visa, such as a Subclass 491 or 494 visa;
- Notices of Assessment issued by the Australian Taxation Office (ATO) for the required financial years;
- documents relating to marital status or a change of name, where applicable;
- police clearance certificates, where requested;
- medical documents, where requested; and
- any documents requested by the Department of Home Affairs to demonstrate compliance with the previous visa conditions or other legal requirements.
It is important to note that there is no English language test requirement for the Subclass 191 visa.
Conclusion
The Australian Subclass 191 visa is one of the most important pathways to permanent residency for eligible holders of Subclass 491 and 494 visas.
Individuals who have complied with the legal requirements of their previous regional visa and satisfy the other applicable immigration requirements may be eligible to apply for this visa.
Once the Subclass 191 visa is granted, the restrictions associated with provisional regional visas come to an end. The visa holder can live, work and study anywhere in Australia as an Australian permanent resident and, provided they meet the relevant legal requirements, may subsequently apply for Australian citizenship.
As the requirements and legal framework governing this visa may change over time, applicants are strongly advised to have their circumstances reviewed by a Registered Migration Agent before taking any action, in order to ensure compliance with the latest Australian immigration laws and requirements.
