491 and 494 holders and the partner visa

491 and 494 Visa Holders Applying for a Partner Visa: The 3 Year Rule

11 November 2026

The Subclass 491 and Subclass 494 regional visas come with conditions to live, work and study in regional Australia. To stop people moving to a different visa to avoid those conditions, there is a rule that limits when a 491 or 494 holder can apply for an onshore partner visa. This guide explains the rule and your options.

Key points

A 491 or 494 holder must have held that visa for at least 3 years before applying for an 820.
The rule also applies if your last substantive visa was a 491 or 494.
An application made too early is not valid.
There are no exceptions in the rule itself.
Older regional visas have a similar 2 year rule.

Who the rule covers

you currently hold a 491 or 494; or
the last substantive visa you held was a 491 or 494, for example if you now hold a bridging visa.

Holding a bridging visa does not reset the clock. The rule looks at your last substantive visa, so moving onto a bridging visa after a 491 or 494 does not help. You must have held the 491 or 494 for at least 3 years.

Why the rule exists

The regional visas are designed to fill skill needs outside the major cities. Without this rule, a holder could apply for an onshore partner visa soon after arriving and leave the regional area. The rule protects the purpose of the regional program.

An early application is invalid

The 3 year rule is a validity requirement for the 820. An application lodged before the 3 years is not a valid application, so it does not give you a bridging visa.

Older regional visas

A similar rule with a 2 year period applies to holders of some older regional visas, including the Subclass 475 and 487.

Your options

Wait for 3 years: after holding your 491 or 494 for 3 years, you can apply for the 820 if you meet the other requirements.
Include your partner earlier: a partner may be able to join you as a secondary applicant or subsequent entrant on your 491 or 494. See bringing your family on a 494.
Permanent residence: the Subclass 191 is open to eligible 491 and 494 holders after 3 years, and can include your partner.
Offshore partner visa: the 3 year rule is in the 820 validity requirements and does not appear in the 309 criteria. Get advice on whether this suits you.

The 3 year holding rule also affects other visas, such as the 189 and 190. See the 3 year rule for 491 and 494 holders.

What you should do now

Check your grant date: count 3 years from when your 491 or 494 was granted.
Do not lodge early: an early 820 application is invalid.
Consider adding your partner now: as a family member on your regional visa.
Get advice on the 309: it may be an alternative in some cases.

Frequently asked questions

Can a 491 visa holder apply for a partner visa?

Yes, but only after holding the 491 for at least 3 years, for an onshore 820.

Does the rule apply if I am now on a bridging visa?

Yes, if your last substantive visa was a 491 or 494.

Are there any exceptions?

No exceptions are set out in the rule.

Can my partner be added to my 491 instead?

A partner may be able to join you as a secondary applicant or subsequent entrant. Get advice.

Does the rule apply to the 309?

The 3 year rule is part of the 820 validity requirements and does not appear in the 309 criteria. Get advice.

Related guides

Holding a 491 or 494 and planning a partner visa? Book a consultation with one of our registered migration agents.

This article is general information only and is not legal advice for your situation.