SUBCLASS 191

Permanent Residence (Skilled Regional) Visa

Table of Contents

This visa grants employed individuals permanent residency.

This visa allows workers who both hold an eligible visa and meet income requirements to live and work in Australia permanently.

This visa grants you the following privileges:

  1. To stay in Australia indefinitely.
  2. To work and study in Australia.
  3. To enrol in Medicare, Australia’s public healthcare scheme.
  4. To sponsor your relatives to come to Australia.
  5. To travel to and from Australia for 5 years.
  6. To apply for Australian citizenship, if eligible.

If you are a newly arrived resident, you might have to wait before you can access certain Australian Government payments and benefits.

You can be in or outside Australia when you apply for the visa and when the decision is made on your application. You cannot be in immigration clearance.

Eligibility Criteria - Regional Provisional Stream

This visa allows people who have lived and worked in designated regional areas of Australia on an eligible visa, to live and work in Australia permanently. Applicants must have complied with the conditions of their eligible visa.

  1. You must hold a subclass 491 or subclass 494 visa when you apply. You must have held that visa for at least 3 years before you apply.
  2. 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.
  3. 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).
  4. You and your family members applying with you must meet the health requirement. Other non-migrating family members may also need to meet this requirement.
  5. You and any members of your family aged 16 years of age or over who apply for this visa with you must meet certain character requirements. Other family members might also need to meet certain character requirements.
  6. If you are 16 years of age or older, you must have read, or had explained to you, the Life in Australia booklet, and signed an Australian Values Statement. This confirms you will respect the Australian way of life and obey Australian laws.
  7. You and your family must have paid back any money owed to the Australian Government or have a formal arrangement in place to repay it.
  8. Your immigration history is considered, and you may be ineligible if you had a visa cancelled or a previous application refused.

Inclusion of Other Family Members

When applying for this visa, you have the option to include members of your family unit. You have the option to include them when you submit your visa application or add them afterwards, but it must be before the decision is made.

Family members who apply for the visa must meet specific health and character requirements. Additionally, those family members who do not plan to come to Australia may still be subject to health and character requirements.

Generally, family members included in your application do not need an eligible visa. Family members must hold an eligible visa if:

  1. they no longer meet the standard definition of a member of the family unit, and
  2. you include them in your application.

Note: Family members who already hold an eligible visa granted based on being part of your family unit may still be included, even if they no longer strictly meet the current definition. For example, a child who has turned 23 years of age since their eligible visa was granted can still be considered under this provision

Newborn Children

If you have a child born in Australia since your current visa was granted, you must provide details about your child before submitting this application. Learn what to do if your child is born after the current visa is granted. If your child's current visa is not linked to their passport, you cannot lodge their application online.

Eligibility Criteria - Hong Kong Stream

This visa lets eligible Hong Kong or British National (Overseas) passport holders who have demonstrated commitment to Australia to live and work in Australia permanently.

  1. You must hold a subclass 457, 482 or 485 visa at the time you make your visa application. You must have held that visa for at least 3 years before that date. Multiple visas, including visas of the same subclass, cannot be combined to meet this requirement.
    1. If the eligible visa is granted before 9 July 2020, your visa must not expire after 8 July 2025.
    2. If the eligible visa is granted on or after 9 July 2020, your visa must be valid for 5 years.
  2. You must hold a Hong Kong or British National (Overseas) passport when you apply for your visa.
  3. You must have been usually resident in a designated regional area of Australia for a continuous period of at least 3 years. This must be immediately before the date you apply for this visa
  4. 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.
  5. 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).
  6. When the decision is made on your application you must have functional English, or pay the second instalment of the visa application charge when asked.
  7. You and family members applying with you must meet the health requirement. Other non-migrating family members may also need to meet this requirement.
  8. You and any members of your family aged 16 years of age or over who apply for the visa with you must meet certain character requirements. Other family members might also need to meet certain character requirements.
  9. If you are 16 years of age or older, you must have read, or had explained to you, the Life in Australia booklet, and signed an Australian Values Statement. This confirms you will respect the Australian way of life and obey Australian laws.
  10. You and your family must have paid back any money owed to the Australian Government or have a formal arrangement in place to repay it.
  11. Your immigration history is considered, and you may be ineligible if you have had a visa cancelled or a previous application refused.

Inclusion of Other Family Members

When applying for this visa, you have the option to include members of your family unit. You have the option to include them when you submit your visa application or add them afterwards, but it must be before the decision is made.

Family members who apply for the visa must meet specific health and character requirements. Additionally, those family members who do not plan to come to Australia may still be subject to health and character requirements.

In case your partner or dependent children are not part of this application, kindly provide the reason for their exclusion. For instance, they may already hold Australian citizenship or be a permanent resident.

Contact Us

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.

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If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

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