491 Visa - any advice?

[OnTheFence]

I’ve just had a 491 visa suggested for my husband for WA as he’s a primary teacher, after 3 years we would get PR. What do I need to know as a family moving over? Would our children be eligible for free state school? Medicare? Could we purchase a house? Could I work?

Any advice would be so gratefully received!!

[Ceebs-x]

I’m of the understanding you cannot purchase a house on a temporary visa. 
 

If you are able to, I’d only move forward with the PR visa’s. Although you can go for permanent residency visas after three years, there are those who have applied for such and are still waiting. For stresses sake, I’d continue on the PR pathway, even if it takes a bit longer. 
 

I could be very wrong in that recommendation though, I’m sure others (including migration agents) will have a better idea of what to do in the current situation. 
 

Looking to see such replies myself :)

[Ausvisitor]

You can buy a house on a temporary visa, you can buy a house with no visa...

However you need permission (google FIRB) and probably more annoyingly you will also pay a 8% buyers levy as a foreign buyer (so a $1m house attracts $80k foreign levy on top of the $40k stamp duty) in most cases the foreign levy will mean renting whilst on the temp visa may well be the cheaper option. (Especially if that extra levy pushes you below a 20% deposit)

Also whilst banks may well say initially they will loan to temp visa holders, if you aren't an A rated risk (high deposit, desirable house, stable occupations) you will probably find they find lots of reasons not to do it (or charge punitive extra fees) when you actually try to change the "of course you could borrow up to" statement into an actual mortgage 

[Marisawright]

2 hours ago, OnTheFence said:

I’ve just had a 491 visa suggested for my husband for WA as he’s a primary teacher, after 3 years we would get PR. What do I need to know as a family moving over?

Firstly, it is likely they're suggesting the 491 because you've got no chance of getting the 190 or the 189.  It's the consolation prize of visas, the one you go for when PR is out of reach but you're still desperate to go anyway, and willing to put up with a lot of inconvenience to get there.

I would go back and ask the agent to confirm that's why they're suggesting it. Then you'll know where you stand.

Assuming the 491 is your only hope, you then have to decide whether it's worth it.  It is only a temporary visa.  At the end of 3 years, assuming you meet the criteria, you can transition to a permanent visa. It is a transition, which you're guaranteed to get if you meet the criteria.  In that sense, it's massively better than other temp visas, which only give you a vague possibility of applying for PR.  However, there's still a risk there, if something goes wrong.

Being on a temp visa has implications for things like tax, welfare benefits,  school fees, buying a home (you're a "foreign investor" and get slugged a huge surcharge).  There's also the subtle stress of living with uncertainty for 3 years. 

Edited September 8, 2022 by Marisawright

[Raul Senise]

2 hours ago, OnTheFence said:

I’ve just had a 491 visa suggested for my husband for WA as he’s a primary teacher, after 3 years we would get PR. What do I need to know as a family moving over? Would our children be eligible for free state school? Medicare? Could we purchase a house? Could I work?

Any advice would be so gratefully received!!

The first thing that you should consider is that a 491 visa is not guaranteed.

It is a lengthy process that involves first doing a skills assessment, English, etc.

Then Lodging an Expression Of Interest.

You then need to be invited by the State to lodge a sponsorship application. There is no guarantee that you will be invited, as this is based on the individual State's ever changing requirements, their labour needs and how many other people have lodged an expression of interest before you. Just because you meet the State requirements, does not mean you will be invited to apply.

IF invited, you apply for State Sponsorship.

IF the States sponsorship is approved, you will be invited to apply for the 491 visa. 

Only then can you apply for the 491 visa.

Also, you do not get PR after three years. After three years of living in a Regional area on a 491 visa, you can apply for Permanent Residency, if you meet the requirements.

I mention the above details I have seen too many people sold this potential pathway, without being told the full story and being disappointed when they do not get past the Expression of Interest stage. 

 

[Marisawright]

27 minutes ago, Raul Senise said:

The first thing that you should consider is that a 491 visa is not guaranteed.

It is a lengthy process that involves first doing a skills assessment, English, etc.

Then Lodging an Expression Of Interest.

You then need to be invited by the State to lodge a sponsorship application. There is no guarantee that you will be invited....

But surely that is the case for all the skilled visas (other than employer-sponsored)?

[Raul Senise]

10 minutes ago, Marisawright said:

But surely that is the case for all the skilled visas (other than employer-sponsored)?

Yes it is, but often people are not advised this up front. 

I have had conversations where people have contacted me as they have become dissatisfied when they have not bee invited to apply for a visa. Many are shocked when I assess them and advise them their chance of being invited are almost none.

It is a common sales technique, to tell people that they qualify for a points tested visa and start by charging money to apply for a skills assessment and lodgment of an Expression of Interest. 

There are many websites that make it seem like if you have an occupation on the List you can get a 190/491 visa.

[Raplin45]

12 hours ago, OnTheFence said:

I’ve just had a 491 visa suggested for my husband for WA as he’s a primary teacher, after 3 years we would get PR. What do I need to know as a family moving over? Would our children be eligible for free state school? Medicare? Could we purchase a house? Could I work?

Any advice would be so gratefully received!!

Hiya, I can't give any insight into the kids side of things, but just in terms of work - yes you can work in whatever field you like on a 491 and you would have the same rights as your husband. You're also eligible for Medicare but of course may want to have private health insurance just like anyone else. Regarding PR after the 3 years, you need to ensure you satisfy the terms of the visa i.e. 1 of you earns the minimum salary stated and you live in the regional area you have committed to.

491 is not 'as good' as the more straightforward 189/190 but if it's what gets you there based on occupation, timescales, where you want to be and likelihood of being successful then it's certainly not a bad thing (in my opinion of course!).

I'm waiting on a 491 grant after weighing up options etc. so any questions feel free to shoot me a message.

[Cobs_Ahoy]

I believe school are were waived in NSW on a 491 (you had to pay a one off admin fee though), and from memory I think there are no school fees in QLD for any temporary visa holders, I’m not sure about other states. This was from my own research in Jan, might be worth double checking with your agent though.