In short: The 190 is permanent on grant and rests on a commitment to the nominating state. The 491 runs five years, adds 15 nomination points, and leads to the 191 at $630 after three regional years. Both charge $6,140 for the main applicant.
An employer in Bendigo sent us a draft contract for a new engineer who holds a 491. Clause four named the Bendigo office as the place of work. It then added "or such other location as the company reasonably directs". Reasonable for the company might mean six months at head office in Melbourne. For the employee, six months in Melbourne breaches a visa condition and closes the road to the 191. The clause was standard. The visa was not. This note compares the 190 and 491 through the documents around them. That is where the difference is felt.
Who enforces the promise
Both visas ask you to be somewhere. The difference is who holds you to it.
| 190 | 491 | |
|---|---|---|
| Status on grant | Permanent | Provisional, five years |
| Where you must be | The nominating state | A designated regional area |
| How it binds | A commitment given to the state | A condition on the visa |
| Who enforces it | The state, through its future dealings with you | Home Affairs, through cancellation |
| Nomination points | 5 | 15 |
| Permanent step | None needed | The 191 at $630 after three years |
A 190 holder who moves interstate early has broken a promise, and states remember. A 491 holder who moves to Melbourne has breached a condition, and the visa can be cancelled. The 491 promise is cheaper to make and far more expensive to break. We set the three points-tested visas side by side in 189, 190 and 491 compared.
The same clause from both sides
An employer hiring a 491 holder for a regional branch inherits the visa condition without signing anything. A mobility clause, a secondment provision or a rotation programme can each direct the employee into a breach. The contract should fix the place of work to the regional address. It should carve the 491 holder out of any relocation policy. Remote work from a capital city needs the same carve-out. Our commercial practice drafts these terms for regional employers who want the hire to survive a restructure.
The employee needs the contract to say where the work happens, because the 191 file will ask. Payslips, a lease and a notice of assessment for each year build the evidence. A job change is allowed, but the new role must also be regional. The income for that year still counts toward the 191 test. Tell the nominating state when the address or employer changes. It expects to hear from you.
The income question nobody asks early
The 191 needs three income years with taxable income at or above the threshold set for it. The test reads the notice of assessment, not the payslip. A year spent between jobs, on parental leave or building a business can fall short. That costs a year of eligibility. Income from your own company counts when it reaches your personal return as salary or dividends. Profit left in the company does not. A founder on a 491 should structure drawings with the 191 in mind from the first year, not the third.
Which one fits the way you actually work
Which sentence describes your employer?
What a 491 holder's contract should say
Sponsored staff on a 482 need a different set of terms, which we cover in employment contracts for sponsored staff.
The cost over the life of each route
Both visas charge $6,140 for the main applicant, $3,070 for a partner and $1,535 for each child. The 491 route adds the 191 later. That costs $630 for the main applicant, $315 for a partner and $160 for each child. Health examinations, police certificates and any state nomination fee sit on top. The 491 costs a little more in charges and considerably more in paperwork. It is also the route that opens when a 190 list does not include your occupation. Our migration practice registers with the states for both visas from one set of documents. Contact us with the draft contract before it is signed.
Frequently asked questions
Can my employer transfer me from a regional branch to Melbourne on a 491?
The contract may allow it. The visa does not. The condition requires you to live, work and study in a designated regional area for the life of the visa. A transfer to Melbourne breaches it regardless of what the contract says, so negotiate the clause before you sign.
Does the 491 income requirement apply to my partner as well?
It is tested on the person who applies as the main 191 applicant. A partner who held the 491 as a secondary applicant can lead the 191. Their own income must then meet the test. The two incomes are not added together, so we check which of you should lead.
Can a 190 holder work for a company registered in another state?
The 190 carries no visa condition on location. The commitment is to live and work in the nominating state. Working from within the state for an interstate company is usually consistent with that. Moving interstate is not, and states keep records.
Can income from my own company count toward the 191?
Yes, where it appears as taxable income on your notice of assessment. Salary and dividends drawn from the company count. Profit retained in the company does not, so structure the drawings with the 191 in mind.
What if the state removes my occupation from its 190 list after I register?
A registration is generally read against the list in force when the state selects. If the occupation has gone, the state cannot nominate for that visa. Keep a 491 registration alive and check the other states' lists.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
General information as at 2 September 2026. Not legal advice. Speak to us about your own circumstances before acting on it.