Understanding the Queensland 491 Visa for Small Business Owners: A Pathway to Regional Australian Living

In an effort to encourage business growth and skilled migration in regional Queensland, the Queensland Government has introduced a specialized pathway under the Skilled Work Regional (Provisional) visa, commonly known as the 491 visa, designed exclusively for small business owners. This pathway allows eligible applicants to establish and operate a business in designated regional Queensland, providing a compelling avenue toward potential permanent residency.

Overview of the Queensland 491 Small Business Owners Pathway
The Queensland 491 visa – Small Business Owners pathway enables state nomination for those living and running a small business in regional Queensland. To qualify, applicants must meet the Department of Home Affairs (DoHA) requirements and those set by Queensland authorities.
The pathway is currently open for applications, providing a unique opportunity for business owners to contribute to the local economy while progressing toward Australian residency.

Department of Home Affairs Requirements
To be eligible, applicants must fulfill key criteria set by the DoHA:
• Points Requirement: A minimum score of 65 points on the points test, including state nomination points.
• Skills Assessment: Possess a positive skills assessment in a nominated occupation listed on the Home Affairs Legislative Instrument LIN 19/051.
• Age Limit: Be under 45 years old.
• English Language Proficiency: Meet at least a Competent level in English. For additional points, it’s recommended to take an English test even if from an exempt country (such as the UK, Ireland, the US, Canada, or New Zealand).

Features of the Queensland 491 Small Business Pathway
This pathway is tailored for migrants who are already residing in Queensland and managing a small business within designated regional areas. Key eligibility factors include:
– Occupational Alignment: Applicants must hold an occupation listed in the LIN 19/051 instrument and have an active skills assessment for that occupation.
– Work and Study Status: Full-time work rights are essential, and applicants should not be currently studying.
The pathway offers two distinct options, each with unique criteria:
Pathway 1: Purchase of an Existing Business
• Business Acquisition: Purchase an existing, registered business in a regional area for a minimum of $100,000.
• Employment Requirement: Employ at least one Australian resident.
• Business Duration: The business must have been operational for at least six months before lodging an Expression of Interest (EOI).
Pathway 2: New Business Start-Up
• Business Establishment: Start a new business and manage it consistently for at least two years.
• Profitability: The business must be profitable with a turnover of at least $200,000 in the twelve months preceding the application.
In both cases, applicants must complete an EOI on SkillSelect and submit a 491 – Small Business Owner Assessment Form to proceed with the visa application.

Understanding the 491 Visa
The Skilled Work Regional (Provisional) visa, subclass 491, is a five-year visa allowing skilled workers to live, work, and study in regional areas. It provides a pathway to permanent residency via the subclass 191 visa, provided applicants meet the required conditions after three years.

Regional Queensland Postcodes for Eligibility
To be eligible for this visa pathway, applicants must reside and operate their business in designated regional areas, covering specific Queensland postcodes. Currently, eligible postcodes include:
4019–4022, 4025, 4037, 4074, 4076–4078, 4124–4125, 4133, 4183–4184, 4207–4275, 4280–4287, 4300–4301, 4303–4498, 4500–4512, 4514–4519, 4521, 4550–4575, and 4580–4895.
If the nomination or application occurred prior to 5 March 2022, different postcodes may apply. Additionally, applicants with 491 visas granted before 19 November 2019 cannot include the Gold Coast as an eligible region.

Final Thoughts
The Queensland 491 Small Business Owners pathway represents a significant opportunity for skilled migrants to contribute to the economic fabric of regional Queensland while progressing toward Australian residency. Meeting both DoHA and Migration Queensland criteria is essential, and applicants should carefully evaluate which pathway aligns best with their business goals and eligibility. This unique pathway, catering to entrepreneurial and skilled migrants, underscores Queensland’s commitment to regional economic vitality and offers a promising route to a new life in Australia.
At Migration Guru, we remain committed to providing expert guidance and support to navigate these complexities and help our clients achieve their migration goals. For those seeking further information about this development or any other immigration advice, Migration Guru, with over 90 years of collective experience in Australian migration law, encourages you to get in touch. Our team of experts is dedicated to providing comprehensive assistance and guidance in navigating the evolving landscape of Australian immigration.
Our team may be contacted via email at info@migrationguru.com.au or by calling 07-3036-3800. Readers are encouraged to follow us on Facebook for all the updates to Migration Law – Migration Guru Facebook.
Migration Guru Pty Ltd, Level 3, 183 North Quay, Brisbane, QLD. Phone: 07-3036-3800
Disclaimer: The above article constitutes only generic information on migration issues and does not constitute specific migration advice to any entity or individual.

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