Australia's largest independent migration law firm. Open 7 days! Book here.
Need help? Our lawyers and migration agents are available 7 days a week to assist.
Family & Parent Visas
Other Visas
%402x.svg){kind=icon}
Skilled Work Regional (Provisional) Visa (491)
The Skilled Work Regional (SWR) visa is a skilled visa pathway designed to address worker shortages in regional Australia. This points tested visa allows skilled migrants to work and live in a regional area for up to five years, and allows for permanent residency after a period of three years subject to meeting the requirements of the subclass 191 Permanent Residence (Skilled Regional) visa.
Winner of Most Trusted Australian Migration Law Firm
Ranked 1st for migration law in 2023 & 2024
Ranked in the top migration lawyers 2023
Ranked in the top migration lawyers 2024
Claim your consultation
Tell us about your situation, and we will get back to you shortly.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Claim your consultation
Tell us about your situation, and we will get back to you shortly.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
.jpg)
What is a subclass 491 Skilled Work Regional (Provisional) visa?
The SWR visa requires an invitation to apply from SkillSelect, as well as a nomination from an Australian State or Territory Government agency, or eligible family member. The requirements for the visa will vary depending on the method of nomination.
The SWR visa is a useful tool for skilled migrants who do not have an employer sponsor but would like to work in Australia and eventually become an Australian permanent resident. While workers must remain in a regional area, the definition of “regional” covers much of Australia, with the exception of most major cities. As such, there is a wide range of locations where a SWR visa holder can live and work.
While holding this visa, there is no requirement for the visa holder to work for a specified employer or in a particular occupation. Visa holders are also free to move between different regional areas, provided they keep the Department informed of any changes in their circumstances and living arrangements.
Family members of the primary applicant can be included in the application, or can be added at a later date with a subsequent application. Family members will have unrestricted work and study rights, however they will also have to remain living in a regional area while holding this visa.
Eligibility criteria for a subclass 491 Skilled Work Regional (Provisional) visa
In order to be successful with an application for a SWR visa, an applicant must meet the following requirements:
- Must lodge an Expression of Interest (EOI) in SkillSelect with a minimum of 65 points, and receive an invitation to apply for the visa
- Must either receive a nomination from an Australian State or Territory Government agency, or be sponsored by an eligible relative
- If seeking a nomination from a State or Territory, must meet the requirements of the relevant State or Territory government agency
- Must receive the invitation before turning 45
- Must have a suitable skills assessment from the relevant assessing authority
- Must specify an occupation on any of the skilled occupation lists if seeking a Government nomination, or on the medium to long term list if sponsored by a family member
- Must have all necessary qualifications and/or licenses required for the occupation
- Must meet the relevant English language requirements
- Must meet the health and character requirements
Eligibility criteria for a subclass 491 Skilled Work Regional (Provisional) visa
In order to be successful with an application for a SWR visa, an applicant must meet the following requirements:
- Must lodge an Expression of Interest (EOI) in SkillSelect with a minimum of 65 points, and receive an invitation to apply for the visa
- Must either receive a nomination from an Australian State or Territory Government agency, or be sponsored by an eligible relative
- If seeking a nomination from a State or Territory, must meet the requirements of the relevant State or Territory government agency
- Must receive the invitation before turning 45
- Must have a suitable skills assessment from the relevant assessing authority
- Must specify an occupation on any of the skilled occupation lists if seeking a Government nomination, or on the medium to long term list if sponsored by a family member
- Must have all necessary qualifications and/or licenses required for the occupation
- Must meet the relevant English language requirements
- Must meet the health and character requirements
Benefits of the 491 Skilled Work Regional (Provisional) Visa
The SWR visa can allow for skilled workers to come to Australia and seek permanent residence after a minimum period of three years. There are fewer work restrictions than alternate options, such as the employer sponsored subclass 482 visas, which means that visa holders are not limited to working for a specific employer or in a particular occupation.
This visa also allows for skilled overseas workers to help address worker shortages in regional Australia, which by definition includes much of the country.
Further benefits for SWR visa holders include:
- The ability to include direct family members in the initial application or at a later stage
- Faster application processing due to the prioritisation of regional visas
- Access to Medicare
- A pathway to permanent residency after three years
- Unrestricted travel to and from Australia
- Unrestricted work and study rights for you and included family members
{visa type} visa checklist
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.
- Lorem ipsum dolor sit amet
- Lorem ipsum dolor sit amet
- Lorem ipsum dolor sit amet
- Lorem ipsum dolor sit amet
- Lorem ipsum dolor sit amet
Heading
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Heading
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Subclass 491 Visa checklist
There are a few stages to the 491 visa application process that require different information. Some of the technical aspects, such as applying for the correct invitation in SkillSelect, obtaining a suitable skills assessment for your occupation, or providing documents from your sponsor if being supported by an eligible relative in Australia, can be difficult to get right. Here is a snapshot of some of the documents that you will be asked to provide:
- Passport
- Marriage certificate (if applicable)
- Proof of name change (if applicable)
- National identity card (if applicable)
- Birth certificate (for applicants under 18)
- Passport-sized photos
- Divorce/death certificate for previous spouse (if applicable)
- Current CV or resume
- Evidence of relevant qualifications
- Skills assessment outcome
- Evidence of registration or licencing (if applicable)
- Reference letters from current and former employers
- A declaration from your sponsor
- Evidence that your relative is eligible to sponsor you
- Evidence that your relative is living in regional Australia
- Military service record or discharge papers (if applicable)
- Medical checks
- Police clearance certificates from former countries of residence
- English test results
How the 491 Skilled Work Regional Visa works
The SWR visa can be divided into three stages as outlined below.
Stage 1: Skills Assessment
All primary applicants for a SWR visa will need to have their skills assessed by the relevant assessing authority. The requirements will change for different assessments, however you will generally need to provide evidence of your employment in the occupation. The occupation must be listed in either the short, medium, and regional skilled occupations lists if you are applying with a state nomination. If applying on the basis of a sponsorship from an eligible family member, the occupation must be listed on the medium term list.
Stage 2: Expression of Interest (EOI) through SkillSelect (Points test)
Once you have received your skills assessment, you will need to lodge an expression of interest through SkillSelect. This process involves an assessment of your personal circumstances, which will give you a number of points based on your answers.
Stage 3: Visa application
When you receive an invitation to apply for the visa, you will have a period of 60 days to apply. Failure to do so within this time may delay your application, and if you fail to apply after two invitations, your EOI will be removed.
Future visa pathways after your 491 visa
SWR Visa holders have a direct pathway to permanent residence with the subclass 191 Permanent Residence (Skilled Regional) visa after three years of living in a regional area while holding a SWR.
The basic criteria for the 191 visa include substantial compliance with the visa conditions on the SWR for a period of three years. Further detail regarding this visa can be found on our 191 page. Once granted, a visa holder is no longer required to remain in a regional area.
After one year on the 191 visa, applicants may be eligible to apply for Australian Citizenship subject to meeting the general residence requirements, which will provide further benefits including:
- Consular services and support while overseas
- Visa-free travel to over 100 countries on an Australian passport
- Access to Australian government jobs
- No issues relating to visa cancellation
Benefits of using an Australian Migration Lawyer for your 491 Visa
There are requirements for the SWR visa which, while they may appear simple on the surface, are greatly influenced by the Department of Home Affairs policy. There are also a number of steps and stages involved, which can take time to complete, so it is important to have a clear approach and understanding before starting the process.
At Australian Migration Lawyers, we provide valuable guidance and support to make the entire process as seamless as possible. We have a high success rate with our applications, and have dealt with a wide array of complex occupations and situations.
- Our team of qualified Australian lawyers draw on their knowledge of legislation, case law, and policy, to give clear and accurate advice on all requirements and strategies relevant to your matter
- As lawyers, we have an obligation to ensure that your application meets all legislative requirements, which greatly improves your chance of success
- We assist in all stages of the process, including the preparation of all necessary applications all the way through to the grant of the visa, including working with you to action any additional requests from the Department of Home Affairs
.jpg)
Skilled Work Regional Visa costs
There are two main costs associated with a SWR visa application.
Professional fees payable to Australian Migration Lawyers to prepare the application
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We strive to be flexible, so we offer payment plans based on financial need. Book a consultation with one of our qualified lawyers to get a quote.
Department and assessing authority fees
The fees for a skills assessment will depend on the assessing authority, however they generally range from $600 to $1,200. There are no fees associated with lodging an Expression of Interest with SkillSelect.
The relevant fee for the Department of Home Affairs in relation to a SWR application is $4,640, which is the application fee for the visa.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
.jpg)
491 Visa Processing times
As mentioned previously, the skills assessment process can take up to 20 weeks, depending on the assessing authority. It may also take up to two years to receive an invitation to apply for the visa, depending on the result of your points test, and the demand for your occupation.
The processing time for a SWR visa can take between 9 and 17 months under the nominated pathway, or up to 19 months in the family sponsored stream. Processing times are subject to the complexity of the case, the completeness of your application and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Skilled Work Regional (Provisional) Visa Considerations
Our legal team at Australian Migration Lawyers are skilled lawyers practising in Australian migration law.
As lawyers, we cannot issue guarantees that your SWR visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
We strive to make ourselves as accessible as possible to you
- You can have a consultation with us from anywhere in Australia as our consultations are online
- We can assist you regardless of where you are in the SWR visa process
- We assist with all stages of the process, including the skills assessment, EOI, and visa applications
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
.jpg)
%20(1).jpg)
%20(1).jpg)
.jpg)
%20(1)%20(1).jpg)
%20(1)%20(1).jpg)
%20(1).jpg)
.jpg)
%20(1).jpg)
.jpg)
%20(1).jpg)
.jpg)
%20(1).jpg)
%20(1).jpg)
.jpg)
%20(1).jpg)
Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Melbourne
Learn more
Sydney
Learn more
Perth
Learn more
Brisbane
Learn more
Adelaide
Learn more
Canberra
Learn more
Darwin
Learn more
Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions.
Can I work in any regional area with a 491 visa?
The 491 visa allows you to work and live in any regional area throughout Australia. The definition of “designated regional areas” is quite broad, and covers most of Australia apart from major cities.
Visa holders can move between regional areas, and change occupations or employers, as long as they keep the Department updated with any changes in their circumstances.
How do I qualify for a 491 visa?
The key criteria for the 491 visa are explained further above, however they can be briefly summarised as follows:
- Have an occupation that is contained on the relevant list
- Have a positive skills assessment from the relevant assessing authority
- Be able to score 65 points or more in an Expression of Interest
- Receive an invitation to apply for the visa
Who is an eligible relative for a 491 visa?
An eligible relative that can sponsor you for the 491 visa includes an Australian citizen, permanent resident, or eligible New Zealand citizen who has turned 18. The eligible relative must reside in a designated regional area, and must be related to either the primary applicant or their spouse or de facto partner as:
- Parent
- Child or step-child
- Sibling, adoptive sibling or step sibling
- Aunt or uncle
- Nephew or niece
- Grandparent
- First cousin
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Claim your consultation
Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.
