Overview

Welcome to Emigrate Lawyers, your trusted partner in Australian immigration. The Subclass 191 Visa, also known as the Permanent Residence (Skilled Regional) Visa, is a pathway for skilled workers who have lived and worked in regional Australia to obtain permanent residency. This visa allows you to stay in Australia indefinitely, work and study in any region, and apply for Australian citizenship.

Key Benefits

• Permanent residency in Australia

• Freedom to live and work in any region of Australia

• Access to Medicare, Australia’s public healthcare scheme

• Ability to sponsor eligible relatives for permanent residence

• Travel to and from Australia for five years

• Eligibility to apply for Australian citizenship (subject to meeting requirements)

The Two Streams 

There are two streams under the 191 visa: 

(1) the Regional Provisional Stream; and 

(2) the Hong Kong Stream

Both streams provide a pathway to permanent residency for holders of subclass 491 and 494 visas and eligible Hong Kong or British National (Overseas) passport holders with eligible visas. Furthermore, both streams also require individuals to satisfy:

• public interest criteria;

• health requirements; and

• character requirements.

Let us explore the eligibility requirements for the two streams.

1. Regional Provisional Stream

• The Regional Provisional stream of the 191 visa is for 491 and 494 visa holders. Accordingly, if you wish to pursue this route, you must satisfy the following eligibility requirements.

• You must have lived, worked, and studied only in a designated regional area, specifically:

• for 491 visa holders, this must be from the time your 491 visa was granted; and 

• for 494 visa holders, this must be from the time you were nominated by your sponsor.

• You must have lived, worked, and studied, only in a designated regional area for 3 years before your 191 visa application date.

• There is no minimum income requirement. You must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of your eligible visa.

• You must have complied with the conditions of your eligible visa when in Australia. This requirement applies for the whole period you hold the visa(s).

• Meet Health Requirement

• Meet Chracter Requirement

• Sign the Australian values statement

• Pay back your debt to the Australian Government 

• No prior visa cancellations or application refusals

2. Hong Kong Stream

The Hong Kong stream is for eligible Hong Kong or British National (Overseas) passport holders. To pursue this route, you must satisfy the following eligibility requirements.

• You must hold a Hong Kong or a British National (Overseas) passport.

• You must have held any of the following visas at the time of your 191 visa application:

  • • Subclass 457 (Temporary Work (Skilled)) visa;

    • Subclass 482 (Temporary Skill Shortage) visa; or

    • Subclass 485 (Temporary Graduate) visa.

• You must have lived, worked, or studied in a designated regional area for 3 years, ending immediately before your 191 visa application date.

• You must have been usually a resident in Australia for a continuous period of at least 3 years before the date of your 191 visa application. The Department will consider the following factors in assessing whether you are usually a resident in Australia:

  • your physical presence in Australia; and

  • your intention to consider Australia as your home.

• Work or Study in a designated regional area – any work or study you did in the 3 years immediately before applying for this visa must have been in a designated regional area of Australia. 

• Comply with the conditions of your eligible visa. You must have complied with the conditions attached to your eligible visa when in Australia. This requirement applies for the whole period you hold the visa(s).

• Have functional level of English language. 

• Meet health requirement. 

• Meet Chracter requirement. 

• Sign the Australian values statement. 

• Pay back debt to the Australian government. 

• Not had a visa cancelled or previous application refused. 

Benefits of the 191 Visa

There are two key advantages to a 191 visa.

1) Firstly, the 191 visa is a permanent residence visa. As a holder, you can stay in Australia permanently (subject to a five-year travel facility) and be eligible for public health care, education support, unemployment payment, etc. Furthermore, the 191 visa also allows you to live, work, and study anywhere in Australia despite being classified as a Skilled Regional visa. You may also sponsor eligible family members to come to Australia. Once eligible, you may apply for Australian citizenship.

2) Secondly, unlike the 186, 187, and 190 visas, you do not need a sponsor or nominator. Accordingly, you do not have to go through the trouble of looking for an Australian employer willing to nominate you, nor would you have to go through a skills assessment and seek an invitation to apply. The 191 visa involves one application.

Eligibility Criteria

To be eligible for the Subclass 191 Visa, you must at minimum:

• Hold a qualifying visa (Subclass 491 or Subclass 494)

• Have lived, worked, or studied in a designated regional area for at least three years

• Meet the income requirements for at least three years

• Comply with all conditions of your qualifying visa

• Have competent English proficiency

Application Process

1. Check Eligibility: Ensure you meet all eligibility criteria.

2. Gather Documents: Collect necessary documents, including proof of residence and employment in a regional area.

3. Submit Application: Lodge your application online through the Department of Home Affairs.

4. Await Decision: Wait for a decision on your visa application.

5. Receive Visa: If approved, receive your Subclass 191 Visa and enjoy the benefits of permanent residency.

Why Choose Emigrate Lawyers?

At Emigrate Lawyers, we are dedicated to making your immigration journey as smooth and successful as possible. Here’s why you should choose us:

• Expert Advice: Personalized advice tailored to your specific situation.

• Comprehensive Support: Assistance with every step of your visa application process.

• Fixed Fee Guarantee: Transparent pricing with no hidden costs.

• 100% Client Satisfaction: We pride ourselves on delivering excellent service and successful outcomes.

Success Stories

Read about our client success stories to see how we have helped others achieve their dream of permanent residency in Australia. Our clients’ experiences highlight our commitment to excellence and client satisfaction.