No 3-Year Residency Requirement? Subclass 191 Visa Rule Clarified
In this week’s immigration update, we cover two major developments. The Department of Home Affairs has clarified eligibility requirements for the Subclass 191 visa (Regional Provisional stream), and the Victorian Government has closed its 2024–25 skilled visa nomination program after reaching its allocation cap.
Subclass 191 Visa Residency Requirement Clarified
There has been ongoing confusion about whether applicants for the Subclass 191 Regional Provisional visa must reside in a designated regional area for three full years. The Department has now confirmed that physical residence is not the requirement—what matters is compliance with visa condition 8579.
Condition 8579 applies to holders of the Subclass 491 and Subclass 494 visas, requiring them to live, work, and study exclusively in designated regional areas while in Australia. This means that 491 and 494 visa holders who want to transition to a subclass 191 visa don’t need to prove they were continuously residing in a regional area for a set period, but rather that they complied with the location-based condition of their provisional visa.
For Subclass 494 visa holders, this condition also considers changes in the nomination of the primary visa holder. Additionally, condition 8579 supports broader visa rules, such as maintaining an employer sponsorship (Subclass 494) or a State or Territory nomination (Subclass 491).
Importantly, each state and territory in Australia has its own Subclass 491 nomination criteria, which may include requirements such as regional work experience or a demonstrated commitment to living in the nominating area. Prospective applicants should review local eligibility rules carefully.
Victoria Closes 2024–25 Skilled Visa Program to New Applications
As of Tuesday, 29 April 2025, Victoria has closed its 2024–25 state-nominated skilled visa program to new Registrations of Interest (ROIs).
The state received more than 5,000 ROIs, exceeding its allocation of 2,000 places for the Subclass 491 visa and 3,000 places for the Subclass 190 visa. The Victorian Government will continue assessing submitted ROIs for any remaining nomination spots this program year, but no new submissions will be accepted.
This closure reflects the high demand for skilled migration to Victoria and highlights the importance of submitting ROIs early in the program year.
Navigating Australia’s immigration system can be complex, especially with evolving visa requirements and competitive nomination programs. Professional guidance can make a critical difference if you're planning to transition to a Subclass 191 visa. Think Visa can help you interpret policy updates, ensure compliance with visa conditions like 8579, and position your application for success. Don't leave your future to guesswork—seek expert advice to move forward confidently.
