Regional provisional visas are designed to keep skilled workers in regional Australia. To protect that, the 186 regulations stop many 491 and 494 holders moving straight to a 186. This 3-year rule works in a similar way to the 3-year rule for the 189 and 190.
Key points
- If you hold a 491 or 494, or your last substantive visa was one, you must have held it for at least 3 years before applying.
- In the regulations, the rule appears in the Direct Entry (clause 186.232A) and Labour Agreement (clause 186.241A) streams.
- A labour agreement can set a shorter period for the Labour Agreement stream.
- No instrument currently provides any other exception.
- The Department’s policy also refers to the rule for TRT applicants, so get advice before relying on that stream.
How the rule works
At the time you apply, if you hold a regional provisional visa, or your last substantive visa was one, you must have held it for at least 3 years. The rule is tested on the day you lodge, so lodging even a day early can be fatal. The regulations allow the Minister to specify other circumstances by instrument, but the Department’s instructions say none have been specified.
Which streams are affected
| Stream | Position in the current regulations |
|---|---|
| Direct Entry | Clause 186.232A: 3 years on the regional provisional visa |
| Labour Agreement | Clause 186.241A: 3 years, or a shorter period set in the labour agreement |
| Temporary Residence Transition | Not shown in the TRT criteria in the current text, but the Department’s policy refers to the rule. TRT also requires 2 years on a 457 or 482, which most 491 and 494 holders will not have |
Check the labour agreement. If your employer has a labour agreement, it may set a shorter period than 3 years. See labour agreements.
The usual pathways for 491 and 494 holders
Most 491 holders move to the subclass 191, and most 494 holders move to the subclass 191 or plan around the 3-year rule. Our page on the 3-year rule for 491 and 494 holders covers the 189 and 190 side of the same question.
What you should do now
- Find your grant date: work out the date you will have held your 491 or 494 for 3 years.
- Check the stream: confirm which 186 stream you will use and whether a labour agreement sets a shorter period.
- Do not lodge early: the rule is tested on the day you lodge, with no general exception.
- Get advice on TRT: if you also held a 482, check how the rule applies before you choose the TRT stream.
Frequently asked questions
Can a 494 holder apply for a 186 Direct Entry visa after 2 years?
Generally no. The applicant must have held the 494 for at least 3 years at the time of application, and no exceptions have been specified.
Does the 3-year rule apply to the labour agreement stream?
Yes, but the labour agreement itself can set a shorter period.
What if my last visa was a 491 but I now hold a bridging visa?
The rule looks at your last substantive visa, so it can still apply while you hold a bridging visa.
Is there any exception for hardship?
The regulations allow exceptions to be specified by instrument, but the Department’s instructions say none have been specified.
Related guides
- 491 and 494 holders: the 3-year rule for the 189 and 190
- 186 Direct Entry stream
- 186 Labour Agreement stream
- Labour agreements
- 186 visa
Hold a 491 or 494 and planning your permanent 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.
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