Hiring Skilled Workers on Subclass 491 Visa: Information for Employers
As a regional employer in Australia, it is important to understand the benefits and ease of hiring skilled workers on Subclass 491 – Skilled Work Regional Visa. Many new visa holders face job application challenges as many employers mistakenly believe hiring these workers comes with restrictions. This guide aims to clear up misconceptions and provide information to employers and visa holders about the flexibility and value of hiring Subclass 491 visa holders in designated regional areas.
Overview of the Subclass 491 Visa
The Subclass 491 Visa is a Provisional visa that allows skilled workers to live and work in designated regional areas of Australia for five years. It provides full work rights, allowing the visa holder to work in any occupation, in any capacity, with no limits on the number of hours they can work. The visa holder must reside and work in a designated regional area, which includes all of Australia except the metropolitan areas of Sydney, Melbourne, and Brisbane.
- Validity: 5 years
- Work Rights: Full work rights with no occupation or hour restrictions
- Sponsored By: State Governments or Regional Development Australia
- Work/Location Restrictions: Only need to live, work, and study in designated regional areas (anywhere in Australia except Sydney, Melbourne, and Brisbane)
- Pathway to Permanent Residency (PR): After 3 years of working and living in a regional area, visa holders can apply for PR if they’ve filed three tax returns.
Why Hiring Subclass 491 Visa Holders Benefits Employers
Employing Subclass 491 visa holders offers several advantages to regional employers. These workers bring valuable skills and expertise to regional businesses, filling critical workforce gaps. With no additional sponsorship obligations and full work rights, they are just as flexible and qualified as any Australian worker. By offering opportunities to these skilled migrants, employers contribute to the growth and development of regional Australia while accessing a diverse talent pool.
Employers are under no additional obligations beyond standard employment law.
Common Misconceptions
- Work Restrictions
One common misconception is that visa holders are limited to working only in their nominated occupation or for a limited number of hours. This is not the case. Subclass 491 visa holders can work in any job and are free to work as many hours as required. - Sponsorship Requirements
Unlike employer-sponsored visas, Subclass 491 visa holders do not require sponsorship from an employer. This visa is state-sponsored or endorsed by Regional Development Australia, which means that employers are not bound to specific visa conditions or additional paperwork. - Employer Obligations
Employers who hire Subclass 491 visa holders are only subject to the same legal obligations as they would be for any other Australian employee. This includes following Fair Work requirements, providing a safe work environment, and meeting tax obligations. There is no need for employers to provide sponsorship, making it a seamless process for both the employer and the worker. - Location Restrictions
Visa holders are required to live and work in a designated regional area. However, employers can be based in non-designated areas as long as the primary place of work for the visa holder is in a regional area. Incidental work, such as attending meetings or trainings in non-designated areas, is permitted as long as the main work location remains within a regional area.
FAQs for Employers
Are there any work limitations on the Subclass 491 Visa?
No, there are no work limitations beyond the regional area requirement. Visa holders can work in any occupation with no restrictions on hours.
Do visa holders need sponsorship?
No, Subclass 491 visa holders do not require employer sponsorship, allowing for a hassle-free hiring process.
Can the visa holder visit non-regional areas for work purposes?
Yes, Incidental visits for work-related purposes like meetings or training are allowed, provided the visa holder’s main workplace remains in a designated regional area.
What is the Designated Regional Area?
The designated regional area encompasses all of Australia except for the metropolitan regions of Sydney, Melbourne, and Brisbane.
Final Thoughts
Hiring skilled workers under the Subclass 491 Visa presents an excellent opportunity for regional employers looking for capable employees without the burden of visa-related obligations. These workers are free to live and work in regional areas with full employment rights, making them a valuable asset to businesses outside of Australia’s major cities.
Employers and Visa holders can utilize VEVO to verify Work Rights and Visa conditions at https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online
Contact us:
Visas Holders: If you are a Subclass 491 Visa holder looking for written confirmation of the above by an Expert Licensed Immigration Consultant we will be happy to provide the same.
Employers: If you’re an employer in a regional area and are interested in exploring how skilled migrants can fill workforce gaps, contact our team for expert advice on sponsoring employees and their immigration eligibility. We’re here to help!
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About the Author:
Mr. Gurpreet Sandhu has been a MARA Registered Immigration Advisor since 2006 MARN 0640799.
