Skilled Work Regional (Provisional) visa (subclass 491)
The 491 visa, Skilled Work Regional (Provisional) subclass 491 visa will enable eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. Visa holders will be eligible to apply for a Permanent Residence visa after three years.
Applicants for 491 visa must be nominated by:
- an Australian state or territory government agency or
- Sponsored by an eligible family member residing in a designated regional area and be invited to apply for the visa, following submission of an Expression of Interest (EOI) in SkillSelect.
Basic Eligibility for 491 visa
To be considered for NSW nomination, at a minimum, you must meet the following basic criteria:
- Visa eligibility: You must meet all visa requirements outlined for the 491 visa.
- Skills assessment: You must have a valid skills assessment in an occupation on the eligible skilled occupation list for this visa.
- Age: under 45 years old
Pathways for NSW 491 nomination
There are three pathways to NSW nomination for the 491 visa:
- Pathway 1 – Apply if you’re currently employed with a regional NSW employer
- Pathway 2 – Be invited to apply by Investment NSW (exceptionally competitive)
- Pathway 3 – Apply if you recently graduated from a Regional NSW institution
- TSMIT/CSIT Concession (For Pathway 1 add-on) – For Pathway 1 applicants paid below TSMIT/CSIT”
491 Pathway 1 – Employed with a Regional NSW Employer
Occupation (Skills Assessment)
You must have an eligible occupation on the Department’s relevant Skilled List (MLTSSL, STSOL or ROL).
Applicants applying for Pathway 1 nomination are not limited by the NSW Regional Skills List.
Employment - Length of work
You must have continuously work for the past 6 months.
Employment - Position
In your nominated (or closely related) occupation (Skills Assessment);
The following types of employment are not eligible:
- Self-employment: If you own or operate your own business, you are not eligible for nomination under this pathway.
- Employment by a spouse or family member: If you are employed by your spouse or a close family member, this will also be considered ineligible.
The employment must be with an independent, unrelated employer and involve genuine work in your nominated occupation from an established business premises in regional NSW.
Employment - Income
You must also be paid the equivalent of the Temporary Skilled Migration Income Threshold (TSMIT) or Core Skills Income Threshold (CSIT) salary rate from your qualifying employer in your nominated (or closely related) occupation at the time of applying.
Acceptable types of employment include full-time, part-time, or casual roles.
Employment - Employer
With the same (single) regional NSW-based employer (designated regional area).
The premises must be a dedicated commercial space where your employer operates their business.
The following types of work premises are not considered acceptable:
- Your home or residential address
- Someone else’s home, including your employer’s home
- Co-working spaces or shared office environments
The business premises must be a proper commercial location that demonstrates a legitimate business operation in regional NSW.
Residency
There is no residency requirement for nomination under Pathway 1. However, there is a requirement related to where you work. To be eligible, you must:
- Have been employed for at least six months at a minimum of 20 hours per week in your nominated occupation; and
- Be working from an established business premises located in regional NSW.
In summary, the requirement focuses on where you work, not where you live. This criteria caters for those working in NSW border towns. For example, if you live in the Wodonga (VIC) and you work in Albury (NSW), you are eligible under Pathway 1.
Please note that these are not the only requirements for eligibility under Pathway 1. Be sure to review all eligibility requirements carefully to ensure you meet them before applying.
Income - TSMIT/CSIT threshold
To meet the Temporary Skilled Migration Income Threshold (TSMIT) or Core Skills Income Threshold (CSIT) for NSW nomination under the Pathway 1 for the Skilled Work Regional visa (subclass 491), the following types of income will be considered:
- Base Salary (Guaranteed Earnings): This includes the standard salary paid for your regular hours of work, excluding non-guaranteed bonuses, allowances, or overtime payments.
- Guaranteed Allowances: Some allowances may be included if they are guaranteed, part of your regular income, and related to your employment. Examples include:
- Guaranteed housing or living allowances (regularly paid as part of your employment package).
- Car allowances (paid as a cash benefit).
- Travel allowances (if paid as a cash benefit and guaranteed, not reimbursed expenses).
- Non-monetary Benefits: Non-monetary benefits such as health insurance or accommodation can be included if they are guaranteed, have a clear cash value, and are specified in your employment contract. However, these benefits are generally capped and may not fully cover the TSMIT/CSIT requirement on their own.
What Cannot Be Included:
- Non-guaranteed payments like bonuses, commissions, or incentives tied to performance.
- Overtime payments and penalty rates (unless they are guaranteed and part of the regular employment contract).
- Reimbursed expenses such as travel costs, uniforms, or relocation expenses.
- Superannuation contributions (mandatory employer contributions to retirement savings).
NSW follows the same guidelines as the Department of Home Affairs, so all income types accepted by Home Affairs will also be accepted for meeting the TSMIT/CSIT threshold for NSW nomination.
Salary - TSMIT/CSIT concession
There are two types of TSMIT/CSIT concessions available for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491). These concessions are designed to support businesses in regional NSW while ensuring that workers receive fair compensation and that market salary rates and relevant industrial awards are maintained.
- Type 1 Concession: Businesses must demonstrate that the applicant’s annual monetary earnings are at least 90% of the TSMIT/CSIT. Additionally, the total earnings must meet the requirements of any applicable industrial awards and be in line with the Annual Market Salary Rate (AMSR) expectations for the specific occupation and location.
- Type 2 Concession: Businesses must demonstrate that the applicant’s monetary earnings are at least 90% of the TSMIT/CSIT. Non-monetary earnings, such as food and board, can make up the difference but must not exceed 10% of the TSMIT/CSIT, with the total remuneration package being at least equal to the TSMIT/CSIT.
There are specific rules regarding what constitutes eligible non-monetary earnings:
- The benefits must directly relate to the actual living costs of the employee and would genuinely have been paid by the employee if the employer had not covered them.
- The benefit must be measurable, documented, and verifiable.
- The benefit must be guaranteed in the employment contract and must be consistent with the benefits provided to other similar employees.
- Non-guaranteed payments such as overtime, bonuses, and commissions are excluded from eligible non-monetary benefits.
For both concession types, the total earnings must also meet the award requirements and AMSR expectations for the specific occupation and location.
Thirteen occupations are eligible for a TSMIT/CSIT concession for NSW nomination under Pathway 1 of the Skilled Work Regional visa (subclass 491). These include:
| ANZSCO Code | Occupation |
|---|---|
| 141111 | Cafe or Restaurant Manager |
| 234611 | Medical Laboratory Scientist |
| 311111 | Agricultural Technician |
| 311215 | Pharmacy Technician |
| 321211 | Motor Mechanic (General) |
| 324111 | Panel Beater |
| 324311 | Vehicle Painter |
| 331112 | Stonemason |
| 351112 | Pastry Cook |
| 351211 | Butcher or Smallgoods Maker |
| 351411 | Cook |
| 361311 | Veterinary Nurse |
| 411715 | Residential Care Officer |
Key Steps
To apply directly for NSW nomination under ‘Pathway 1‘ you must:
- Check Eligibility: Ensure you meet both the visa and NSW nomination eligibility requirements before applying.
- Submit Your EOI: If you meet the criteria, submit an EOI in SkillSelect. Note: Your qualifying employment must be listed in your EOI.
- Apply For Nomination after open
- Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment.
If you’re seeking a TSMIT/CSIT concession, follow these steps before applying for NSW nomination:
- Check Eligibility: Ensure you meet the eligibility requirements for a TSMIT/CSIT concession outlined above.
- Employer to Submit TSMIT/CSIT Concession Application: Your employer must apply for the TSMIT/CSIT concession on your behalf using our online form. This application must be approved before you can proceed with the NSW nomination at a salary below the TSMIT/CSIT threshold. Note: Only employers can submit TSMIT/CSIT concession applications; applications submitted by migrants cannot be accepted.
- Wait For Your Concession Assessment: Your application will typically be assessed within two weeks.
- Continue with Pathway 1 Application: Once your TSMIT/CSIT concession is approved, you may proceed with the Pathway 1 application steps outlined below.
491 Pathway 2 – Be invited to apply by Investment NSW (exceptionally competitive)
Occupation
To be considered for NSW nomination under Pathway 2 you must:
Be skilled in an occupation that is:
- within an ANZSCO unit group identified on the NSW Regional Skills List; and
- is eligible for this visa.
Employment
Be working in NSW in their nominated occupation or residing in NSW or Offshore and have continuously done so for at least 3 months.
Residency
Residency – You must meet one of following criteria:
- Working in NSW in your nominated occupation; or
- Residing in NSW and have continuously resided in NSW for a minimum period of three months; or
- Residing offshore and have continuously resided offshore for a minimum period of three months.
Key Steps
To be considered for NSW nomination under Pathway 2 you must:
- Check Eligibility: Ensure you meet both the visa and NSW nomination eligibility requirements before submitting an EOI.
- Submit Your EOI: If you meet the criteria, submit an EOI in SkillSelect. Should you be invited to apply, you will need to support every point claim in your EOI with valid (i.e. non-expired) documentation.
- Be Invited: NSW holds invitation rounds throughout the financial year. All valid EOIs in occupations within ANZSCO unit groups identified on the NSW Regional Skills List are eligible for NSW nomination. Important: because of the exceptionally high demand for NSW nomination, NSW strongly encourage anyone considering NSW nomination to explore all other migration pathways and not wait to be invited.
- Respond Promptly if Invited: You will have 14 days to complete your application for NSW nomination after being invited. When you apply, you will need to provide valid documents to substantiate every claim made in your EOI. This 14-day window will not be extended.
- Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment.
491 Pathway 3 – Apply if you recently graduated from a Regional NSW institution
Qualification
You must have completed a bachelor’s degree, master’s degree (coursework or research) or PhD from an institution located in a designated regional area of NSW.
Study
The study – You must meet ALL of following criteria:
- Be related to your nominated (or closely related) occupation; and
- Have been completed within the 2 years immediately before applying for NSW nomination; and
- Qualify you to claim points for ‘Study in regional Australia‘. These points must be claimed from a single course and appear in your EOI.
Occupation (Skills Assessment)
Eligible OCCUPATION for Pathway 3 must meet the following criteria:
Be skilled in an occupation that is:
- within an ANZSCO unit group identified on the NSW Regional Skills List; and
- is eligible for this visa.
Residency
RESIDENCY for Pathway 3 – You must meet one of following criteria:
- Working in NSW in your nominated occupation; or
- Residing in NSW and have continuously resided in NSW for a minimum period of three months; or
- Residing offshore and have continuously resided offshore for a minimum period of three months.
Important Note:
- If you move between NSW and offshore, the residency period resets, and you will need to meet the relevant residency requirement again. For example, if you move from NSW to an offshore location, the required period of continuous residency (six or three months) will start over.
- To be eligible, you must reside in NSW on a visa that permits you to live and work in the state. Any time spent on a tourist visa will not be considered as part of the required residency period.
Key Steps
To apply directly for NSW nomination under ‘Pathway 3’ you must:
- Check Eligibility: Ensure you meet both the visa and NSW nomination eligibility requirements before applying.
- Submit Your EOI: If you meet the criteria, submit an EOI in SkillSelect. Note: You must be eligible to claim points for ‘Study in regional Australia’ based on your qualifying study and these points must be listed in your EOI.
- Apply For Nomination
- Wait For Your Nomination Assessment: Your application will typically be assessed within six weeks after payment.
Select a state below to see it’s requirements:
Australia
State and territory requirements
Each state and territory has its own list of occupations, requirements and processes you must follow.
More information about the requirements and processes on how Australian states or territories nominate applicants is available.
