Subclass 191 Residency Rules Clarified as Victoria Closes 2024–25 Skilled Visa Program
Australia’s skilled migration framework continues to evolve, with important updates that affect regional skilled visa holders, employers seeking to sponsor talent, and HR professionals overseeing migration strategy and compliance.
This week, two key developments are worth noting:
A major clarification from the Department of Home Affairs regarding Subclass 191 visa residency requirements.
The early closure of Victoria’s 2024–25 Skilled Visa Nomination Program to new Registrations of Interest (ROIs).
Understanding these updates is crucial if you're pursuing permanent residency or helping your organisation attract skilled workers. 👉 Book a free discovery call to speak with our team of registered migration professionals.
Key Takeaways
Subclass 191 applicants are not required to live in Australia continuously for three years—compliance with visa condition 8579 is key.
Subclass 494 visa holders may still qualify even with changes in employment, provided regional conditions were met.
Victoria has closed new ROIs for 2024–25 after reaching its quota—plan early for 2025–26 or consider other states.
Subclass 191 Visa Clarification: Focus on Compliance, Not Continuous Stay
The Department of Home Affairs has confirmed that continuous physical residence in Australia is not required to apply for the Subclass 191 Permanent Residence (Skilled Regional) – Regional Provisional stream.
Instead, the key requirement is compliance with visa condition 8579, which mandates that holders of Subclass 491 and Subclass 494 visas must live, work, and study exclusively in designated regional areas while in Australia.
What This Means for Applicants
To be eligible for the Subclass 191:
You must have held a 491 or 494 visa for at least three years.
You must have complied with all associated conditions, particularly condition 8579.
Time spent overseas or in different locations does not disqualify you, as long as you met the visa conditions while in Australia.
This update offers much-needed clarity, especially for migrants who travelled internationally or had varied living arrangements due to work or family reasons.
Additional Note for Subclass 494 Holders
There’s an added flexibility under subclause (5) of condition 8579, which acknowledges that employer circumstances may change. As long as you continued to live and work in a designated regional area, your application remains valid—even with a change in employer.
Reminder: State Nomination Rules Still Apply
While this clarification applies at the federal level, state and territory governments maintain their own nomination criteria for the Subclass 491. These often include:
Proof of ongoing residence in the nominating state
Regional work or study evidence
Commitment to remain in the region
Meeting federal requirements is not always enough—your success may depend on how well you satisfy state-level expectations.
For more on state nominations, explore our Skilled Nominated Visa (Subclass 190) and Skilled Work Regional Visa (Subclass 491) pages.
Victoria’s Skilled Visa Program Closed for 2024–25
As of 4:00pm AEST on Tuesday, 29 April 2025, Victoria has closed its Skilled Visa Nomination Program to new ROIs after reaching its yearly allocation.
Allocation Summary
Victoria had a total of 5,000 nomination places for the 2024–25 program year:
2,000 places for Subclass 491 (Skilled Work Regional)
3,000 places for Subclass 190 (Skilled Nominated)
Due to high demand, the number of ROIs received exceeded the available spots.
What Happens Next?
The Victorian Government will continue assessing existing ROIs.
Priority will be given to candidates who meet state-specific workforce needs and migration objectives.
No new ROIs will be accepted until the 2025–26 program year opens.
Planning Tips for Future Applicants
If you missed this round:
Prepare early for the 2025–26 application cycle.
Explore other states and territories that still offer regional nomination opportunities.
Consult a migration expert to optimise your eligibility for multiple programs.
FAQs
Do I need to live in Australia for three continuous years to apply for the Subclass 191 visa?
No. The key requirement is to comply with visa condition 8579 while in Australia—not to live there continuously. You can spend time overseas or relocate within regional areas, provided visa conditions are met.
Can I still qualify for the Subclass 494 pathway if I changed employers?
Yes, as long as you remained in a designated regional area. Subclause (5) of condition 8579 allows for some flexibility in employment, provided the regional living and working condition was continuously satisfied.
Disclaimer: This article contains general information only and does not constitute legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for tailored support.
