If you hold a Subclass 491 (Skilled Work Regional) visa and are working towards your Subclass 191 (Permanent Residence – Skilled Regional) visa, you may have heard concerns about spending time outside your designated regional area (DAR). Recently, there have been reports of 191 visa refusals based on the amount of time applicants spent outside their DAR — and migration professionals believe some of these refusals may be legally incorrect.
What Is the Designated Regional Area Requirement?
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To be eligible for the Subclass 191 visa, you generally need to have lived and worked in a designated regional area of Australia for at least three years while holding your 491 visa. You also need to have met a minimum taxable income threshold during that period.
The policy includes a section about “time in Australia spent outside a designated regional area,” which references a 90-day period. However, this policy guidance relates specifically to time spent within Australia but outside your DAR — not time spent overseas.
The Misunderstanding
According to experienced migration agents who have reviewed reported refusals, some case officers appear to have misunderstood this policy. There is no legislative requirement to be physically present in Australia at all times while holding a 491 visa. The 90-day reference in the policy relates to time spent in non-regional parts of Australia, and even then it is not a hard requirement but rather a factor to be considered.
This means that if you travel overseas for work, holidays, or personal reasons while holding your 491 visa, this should not automatically count against your 191 eligibility — as long as you meet the core requirements of living and working in a regional area and meeting the income threshold when you are in Australia.
What Does the Law Actually Require?
The key requirements for the Subclass 191 visa focus on:
- Holding a 491 visa for at least 3 years: You must have held the visa for the required period.
- Meeting the income requirement: You need to have earned a minimum taxable income (check the current threshold on the DHA website) for at least 3 years.
- Complying with visa conditions: You must have complied with the conditions of your 491 visa, including the requirement to live and work in a designated regional area.
Importantly, the requirement to live and work in a regional area relates to where you are based when you are in Australia. Spending time overseas does not breach this condition.
What Should You Do If You’re Concerned?
If you’re a 491 visa holder planning to apply for your 191 visa, here are some practical steps:
- Keep records: Document your time in your designated regional area, including lease agreements, employment contracts, and tax returns showing your regional address.
- Track your travel: Keep a record of any time spent outside your DAR (both within Australia and overseas) so you can address any questions from the Department.
- Don’t panic about overseas travel: Taking holidays or business trips overseas should not affect your 191 eligibility, as long as your primary residence and work remain in a regional area.
- Get professional advice: If your 191 application is refused on grounds you believe are incorrect, seek advice immediately. There may be review options available.
Don’t Let Misinformation Scare You
It’s easy to get worried when you see visa refusal stories circulating on social media, but it’s important to understand the actual legal requirements rather than relying on second-hand information. If you’re approaching your 191 application and want to make sure everything is in order, we’re here to help.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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