491 Visa questions please

[RJG]

Hi, please can anyone answer the folowing questions regarding the 491 visa?

A) What is the approx timeframe from submission of EOI till invitation? 

B) What is the approx timeframe from submission of visa application till visa is granted (if we are lucky enough) ? 

C) If visa is granted how quick do you have to move? Ie is it like the 189 where you have to validate within a year but then you have a 5 yr period in which to relocate?

Thanks in advance for your help

[paulhand]

Generally speaking:

A. Depends on the State

B. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

C. Yes and no ... the visa is 5 years but if you don’t relocate much sooner then you won’t meet the residency requirements for the 191 transition. 
 

Note though, that the States currently have no allocations to nominate for visas so the programme is effectively suspended. 

[Marisawright]

Right now, you can't apply because none of the states are accepting applications.  The federal government hasn't made a decision on the quotas for this financial year and until they do, the states can't do anything.  There's talk of it being October before there will be a decision.

Unfortunately, although the 491 is termed a "provisional" visa (with a clear pathway to PR if you meet the criteria), it's classed as "temporary" under the current travel bans.  That means that even if you could get the visa, you wouldn't be able to enter Australia - and the Prime Minister has said the bans will stay in place until at least July next year. 

As Paul says, you do get 5 years to make the final move - but on a 491, you want to move as soon as possible, otherwise you may miss your chance to qualify for PR down the track. 

[RJG]

Thank you so much Paul and Marisa, great advice 

[RJG]

Sorry, just thought of another question....

My husbands occupation is on the NSW skills list currently (for 491). If we went ahead and put in our EOI now and then his job disappeared off the list in October would we still be in with a chance?

Im concerned that if we wait till Oct and it goes off the list we have missed our chance.

Thanks

[paulhand]

21 minutes ago, RJG said:

Sorry, just thought of another question....

My husbands occupation is on the NSW skills list currently (for 491). If we went ahead and put in our EOI now and then his job disappeared off the list in October would we still be in with a chance?

Im concerned that if we wait till Oct and it goes off the list we have missed our chance.

Thanks

Have a look at the NSW FAQ: https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/frequently-asked-questions

They will currently only nominate for a 491 visa if you are already living in regional NSW:

 

I am not already living in regional NSW, am I eligible for NSW nomination?

No. Candidates can only apply for NSW nomination if they are eligible for this visa and:

- have an occupation on the NSW Regional Skilled Occupation List, and;

- are currently living in a designated regional area in NSW.

NSW participates in the Skilled Work Regional (Provisional) visa (subclass 491) to support the regional communities and economies of the state.

NSW emphasises applicants who have existing strong ties to regional NSW through work and or established residency in the regions.

You cannot move to regional NSW to satisfy this requirement. Your residence must be well established and be demonstrated with evidence.

 

Will offshore candidates be able to apply for NSW nomination?

No. Only applications from candidates currently residing in regional NSW are being accepted.

[RJG]

Thanks Paul im really confused now. We were told by 2 separate migration agents that 491 was our best option. The Dept of home affairs website says:

Apply from

You can be in or outside Australia, but not in immigration clearance when you apply for the visa and when we decide on your application.

If you apply in Australia, you must hold a substantive visa or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be valid.

 

[Marisawright]

10 minutes ago, RJG said:

Thanks Paul im really confused now. We were told by 2 separate migration agents that 491 was our best option. The Dept of home affairs website says:

Apply from

You can be in or outside Australia, but not in immigration clearance when you apply for the visa and when we decide on your application.

If you apply in Australia, you must hold a substantive visa or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be valid.

 

That only tells you where you have to be when you apply - not if you are eligible to apply.  Each state has its own criteria for the 491 and 190 visas.  It's not unusual for states to require you to have a job offer already, or even to be working in the state already (e.g. on a Working Holiday Visa) for some occupations.  You need to check each state's criteria.

Essentially, if they have those extra requirements, it's because they feel there's not a huge demand for that occupation in their regions, and they don't want to accept someone who's going to end up unemployed.   If you've managed to find an employer who wants you, they'll make an exception for you. 

If agents are telling you that a 491 is your best option, it's probably because you can't score enough points to stand a chance of winning a 189 visa, which is highly competitive, or a 190. 

Edited July 15, 2020 by Marisawright

[RJG]

Thanks Marisa, yesbi think that is the case as we only have 85 points for 189

[Marisawright]

1 hour ago, RJG said:

My husbands occupation is on the NSW skills list currently (for 491). If we went ahead and put in our EOI now and then his job disappeared off the list in October would we still be in with a chance?

If you put in an application now, it wouldn't be looked at until they start processing again, which won't be until after they've set the quotas etc.   So there would be no point.

85 points is not likely to be enough for the 189 but could be enough for the 190, as they are less strict about points and more likely to look at the whole application. What occupation and are you absolutely set on NSW?

Edited July 15, 2020 by Marisawright

[RJG]

Thanks Marisa. Glad i found this forum!

[RJG]

Universiry Lecturer is his occupation and no we are not set on NSW we would prefer WA 

[paulhand]

3 hours ago, RJG said:

We were told by 2 separate migration agents that 491 was our best option.

It may well be - but only if the state you want to move to wants your skills and/or you fit their profile. NSW's view on this is clear in that they only want people who have already demonstrated their commitment to regional NSW.

It is understandable that the States are generally becoming more and more prescriptive about this issue given the number of applicants who have gamed (abused) the state nomination process over the years.