What are the regulations for Subclass 191?
Let’s look at these important schedules from Migration Regulations 1994 about application criteria and grant criteria. As it is sourced from Migration Regulations 1994.
1139 Permanent Residence (Skilled Regional) (Class PR)
(1) Form: The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for:
(A) an applicant (a primary Regional Provisional applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream; or
(B) an applicant (a secondary Regional Provisional applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary Regional Provisional applicant:
First instalment–visas in the Regional Provisional Visas stream etc. | ||
Item | Component | Amount |
1 | Base application charge | $475 |
2 | Additional applicant charge for an applicant who is at least 18 | $240 |
3 | Additional applicant charge for an applicant who is less than 18 | $120 |
(ii) for:
(A) an applicant (a primary HK applicant ) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream; or
(B) an applicant (a secondary HK applicant ) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary HK applicant:
First instalment–visas in the Hong Kong (Regional) stream etc. | ||
Item | Component | Amount |
1 | Base application charge | $4 640 |
2 | Additional applicant charge for an applicant who is at least 18 | $2 315 |
3 | Additional applicant charge for an applicant who is less than 18 | $1 160 |
Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.
Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) second instalment (payable before grant of visa):
Second instalment | ||
Item | Applicant | Amount |
1 | Primary HK applicant or secondary HK applicant: (a) who was at least 18 at the time of application; and (b) who is assessed as not having functional English | $4,885 |
2 | Any other applicant | Nil |
(3) Other:
(a) An application must be made at the place and in the manner (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(ba) An application by a primary Regional Provisional applicant or a secondary Regional Provisional applicant must be made on or after 16 November 2022.
(bb) An application by a primary HK applicant or a secondary HK applicant:
(i) must be made on or after 5 March 2022; and
(ii) must not nominate the Regional Provisional Visas stream.
(c) A primary Regional Provisional applicant:
(i) must hold a regional provisional visa; and
(ii) must have held that regional provisional visa for at least 3 years.
(ca) A primary HK applicant:
(i) must hold a Hong Kong passport or a British National (Overseas) passport; and
(ii) must hold a visa to which subitem (3A) applies; and
(iii) must have held that visa for at least 3 years.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Permanent Residence (Skilled Regional) (Class PR) visa may be made at the same time as, and combined with, the application by that person.
(3A) For the purposes of subparagraph (3)(ca)(ii), this subitem applies to a visa that:
(a) is:
(i) a Subclass 457 (Temporary Work (Skilled)) visa; or
(ii) a Subclass 482 (Temporary Skill Shortage) visa; or
(iii) a Subclass 485 (Temporary Graduate) visa; and
(b) was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(c) either:
(i) was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or
(ii) was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years starting when the visa came into effect.
(4) Subclasses:
191 (Permanent Residence (Skilled Regional))
Subclass 191 — Permanent Residence (Skilled Regional)
191.1–Interpretation
In this Part:
“income year” has the meaning given by the Income Tax Assessment Act 1997 .
“relevant income year” : an income year is a relevant income year for an applicant if:
(a) the income year ended before the date of application; and
(b) the applicant held a regional provisional visa for all or part of the income year.
taxable income has the meaning given by the Income Tax Assessment Act 1997 .
Note: For regional provisional visa , see regulation 1.03.
191.2–Primary criteria
Note 1: The primary criteria for the grant of a Subclass 191 visa include criteria set out in streams.
For a Subclass 191 visa in the Regional Provisional Visas stream, the criteria in Subdivisions 191.21 and 191.22 are the primary criteria.
For a Subclass 191 visa in the Hong Kong (Regional) stream, the criteria in Subdivisions 191.21 and 191.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a Subclass 191 visa need satisfy only the secondary criteria in Division 191.3.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
191.21–Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 191 visa.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 191 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4020 and 4021.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 191 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 191 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 191 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004; and
(b) satisfies public interest criterion 4007, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 191 visa satisfies special return criteria 5001, 5002 and 5010.
191.22–Criteria for Regional Provisional Visas stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 191 visa in the Regional Provisional Visas stream.
(1) The applicant complied substantially with the conditions (other than condition 8579) to which the following visas were subject:
(a) the regional provisional visa held by the applicant at the time of application;
(b) any subsequent bridging visa held by the applicant.
(2) The applicant complied with condition 8579 to which the regional provisional visa held by the applicant at the time of application was subject unless the applicant is included in a class of persons specified in an instrument under subclause (3).
(3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2).
(1) The applicant has provided copies of notices of assessment, and any notices of amended assessments, given to the applicant under the Income Tax Assessment Act 1936 in relation to 3 relevant income years for the applicant.
(2) The applicant’s taxable income for each of those relevant income years is at least equal to the amount specified in an instrument under subclause (3) in relation to the applicant.
(3) The Minister may, by legislative instrument, specify an amount for the purposes of subclause (2) in relation to all applicants or different classes of applicants.
(4) Subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936 .
191.23–Criteria for Hong Kong (Regional) stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 191 visa in the Hong Kong (Regional) stream.
(1) The applicant complied substantially with the conditions to which the following visas were subject:
(a) the Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 485 (Temporary Graduate) visa held by the applicant at the time of application;
(b) any subsequent bridging visa held by the applicant.
(2) During the 3 years ending immediately before the date of application, the applicant did not live, work or study in a part of Australia that was not a designated regional area unless the applicant is included in a class of persons specified in an instrument under subclause (3).
(3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2).
The applicant had been usually resident in Australia for a continuous period of at least 3 years immediately before the date of the application.
191.3–Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
The applicant:
(a) is a member of the family unit of a person (the visa holder ) who holds a Subclass 191 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the visa holder.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
The applicant satisfies special return criteria 5001, 5002 and 5010.
(1) The applicant complied substantially with the conditions (other than condition 8579) to which the following visas were subject:
(a) any substantive visa held by the applicant at the time of application;
(b) any subsequent bridging visa held by the applicant.
(2) If the applicant held a regional provisional visa at the time of application, the applicant complied with condition 8579 to which that visa was subject unless the applicant is included in a class of persons specified in an instrument under subclause (3).
(3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2).
191.4–Circumstances applicable to grant
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
191.5–When visa is in effect
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
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