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GSM – Subclass 191
Introduction
The Subclass 191 Permanent Residence (Skilled Regional) visa is designed to enable provisional Skilled Work Regional (Subclass 491) and Skilled Employer Sponsored Regional (Subclass 494) visa holders who have met specific residence and work requirements to apply for permanent residence.
This pathway rewards skilled workers who have demonstrated commitment to regional Australia by living and working in designated areas for at least three years. The 191 visa allows holders to live, work and study anywhere in Australia permanently and provides a pathway to Australian citizenship. For skilled migrants seeking stability and unrestricted living rights across Australia, this visa represents the culmination of their regional commitment journey.
Eligibility Requirements
Basic Criteria
- Age requirements: No specific age limit exists for the 191 visa itself, though applicants must have previously met age requirements for their provisional 491/494 visa.
- Nationality requirements: Open to all nationalities who hold eligible provisional visas, with special provisions for Hong Kong and British National (Overseas) passport holders.
- Health and character requirements: Must meet Australian health and character standards, including police clearances from Australia and countries where applicants have lived for 12 or more months.
Specific Requirements
- Prior visa requirement: Applicants must have held a subclass 491 or 494 visa for at least three years before applying for the 191 visa.
- Regional residence requirement: Must have lived, worked, or studied in a designated regional area while holding the provisional visa for a continuous period of at least three years.
- Income documentation: Must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of their eligible visa period.
- Visa compliance: Must have complied with all conditions of previous provisional visas throughout the entire holding period.
Critical Update: As of June 2023, there is no minimum income threshold requirement for the Permanent Residence (Skilled Regional) visa (subclass 191), as confirmed by the Department of Home Affairs. However, ATO notices of assessment remain mandatory to demonstrate financial standing and tax compliance.
Hong Kong Stream
A specialised Hong Kong stream exists for eligible applicants who must hold a Hong Kong passport or British National (Overseas) passport and have held specific eligible visas (subclass 457, 482, or 485) for at least three years. These applicants must have been usually resident in designated regional areas for at least three years immediately before application.
Application Process
Step-by-Step Overview
1
Preparation Phase
Ensure three-year provisional visa tenure and gather comprehensive documentation, including ATO notices and regional residence evidence.
2
Online Application
Submit via the ImmiAccount system – applicants can be inside or outside Australia during the application and decision phases.
3
Document Submission
Provide complete ATO assessment notices and detailed compliance evidence demonstrating continuous regional residence.
4
Assessment Period
The Department of Home Affairs reviews regional residence requirements and visa compliance history.
5
Decision Notification:
Written notification provided regardless of outcome.
Processing Optimization
Optimal Timing
Apply before the provisional visa expiration to maintain continuous lawful status.
Common Pitfalls
Avoid assuming income thresholds apply; focus on comprehensive ATO documentation rather than earnings levels.
Completeness Importance
Submit complete applications with all required documentation to minimise processing delays.
Required Documents
Essential Documentation
- Valid passport and comprehensive identity documents for all applicants
- ATO notices of assessment covering three years during the provisional visa period serve as evidence of tax compliance rather than income thresholds
- Comprehensive evidence of regional residence, including rental agreements, utility bills, employment records, and educational enrollment documents
- Police clearances from Australia and all countries where applicants have resided for 12 or more months
- Health examination results if specifically requested by the Department
Relationship and Family Documentation
- For partners: Evidence of a genuine ongoing relationship, including joint financial commitments, shared residence, and social recognition
- For dependent children: Birth certificates, custody documentation, and evidence of dependency
- Educational transcripts demonstrating study in regional Australia, if applicable
- Employment verification letters confirming work in designated regional areas throughout the provisional visa period
Processing Time & Costs
Current Fee Structure
Primary Applicant
AUD $490
Additional Applicants (18+ years)
AUD $245
Additional Applicants (Under 18)
AUD $125
Processing timeframes: 50% of applications processed within 56 days, 90% processed within 90 days, representing approximately 2-3 months average processing time.
Additional costs: Health examinations, police clearances, document translation services, and potential second instalment charges.
Second Instalment Charges
English Language Requirements
AUD $4,885 second instalment charge applies to applicants aged 18 years and over who cannot demonstrate functional English proficiency.
Hong Kong Stream
Higher base application charges of AUD $4,640 for primary applicants, AUD $2,315 for additional applicants over 18, and AUD $1,160 for children under 18.
Rights and Restrictions
Permanent Residence Benefits
- Unrestricted Residence: Live, work and study anywhere in Australia permanently without regional restrictions.
- Medicare Eligibility: Access to Australia's public healthcare system.
- Family Sponsorship: Sponsor eligible relatives for Australian permanent residence.
- Travel Flexibility: Multiple entries to Australia for five years from the grant date.
Long-Term Considerations
- Travel Component Expiry: After five years, a Resident Return Visa is required for re-entry as a permanent resident.
- Character Obligations: Continue meeting character requirements throughout permanent residency.
- Citizenship Pathway: Eligible to apply for Australian citizenship, subject to residence and other requirements.
Application Challenges & Solutions
Documentation Complexity
Challenge: Income documentation confusion due to policy changes
Solution: Focus on providing three complete years of ATO notices of assessment rather than demonstrating income thresholds, as minimum income requirements were abolished in June 2023.
Challenge: Proving continuous regional residence over three years
Solution: Maintain comprehensive records, including employment letters, rental agreements, utility bills, and educational enrollment documents throughout the provisional visa tenure.
Strategic Considerations
Advantage over other pathways
Unlike subclass 190 visas, the 191 permits unrestricted residence throughout Australia upon grant, providing maximum flexibility for future career and lifestyle decisions.
Planning importance
Begin document collection early in the provisional visa period to ensure comprehensive evidence availability when eligible to apply.
Conclusion
The subclass 191 visa represents the culmination of regional commitment for skilled migrants, offering unrestricted permanent residence throughout Australia. Recent policy changes eliminating income thresholds have enhanced accessibility while maintaining focus on regional contribution and tax compliance. Success requires meticulous documentation of three-year regional residence and comprehensive ATO assessment notices. Professional migration advice can optimise application quality and processing outcomes. With proper preparation and documentation, the 191 visa provides a definitive pathway to permanent Australian residence and eventual citizenship eligibility.