News update: New Regional Visas
According to the Migration Amendment (New Skilled Regional Visas) Regulations 2019, three new visas have been introduced. They are briefly outlined as follows:
New Subclass 491 Skilled Work Regional (Provisional) visa from 16 November 2019: closes the Subclass 489 (Skilled – Regional (Provisional)) visa (Subclass 489) and Subclass 489 is superseded by Subclass 491.
New Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa from 16 November 2019: closes the Subclass 187 (Regional Sponsored Migration Scheme) visa, except for certain transitional cohorts. Subclass 187 is superseded by Subclass 494
New Subclass 191 (Permanent Residence (Skilled Regional)) visa for persons who hold a Subclass 491 or a Subclass 494 visa at the time of application from 16 November 2022.
SUBCLASS 491 – SKILLED REGIONAL (PROVISIONAL)
Criteria that the applicant needs to satisfy for an eligible application to be made
This new subclass 491 is being divided into two streams – the State/Territory sponsored stream and the family member sponsored stream. For each of the stream, the applicant needs to be sponsored.
The applicant needs to satisfy the 6D points test, to have been invited to apply, to not have turned 45 at the time of application, to have skilled occupation on an applicable list and have a valid, suitable skills assessment.
The primary applicant must have competent English at the time of application.
The applicant must declare genuine intention to live, work and study in designated regional areas.
The primary applicant and his/her family unit members must satisfy the health and character PIC.
The visa may apply and be granted inside or outside Australia, but not in immigration clearance, but it needs to be noted that the applicant must be the holder of substantive visa or BVA, BVB, BVC to be able to apply onshore.
The visa is of five years validity. Conditions 8578, 8579, 8580 and 8581 must be imposed.
Safe Haven Enterprise Visa holders or past holders may apply for a Subclass 491 visa, subject to meeting prescribed requirements.
Application Fee
Base application charge: primary applicant $3,755; additional applicant over 18 years: $1,875; under 18 years: $940
Second VAC installment if required - Less than functional English over 18 years: $4,890; any other applicant: nil
SUBCLASS 494 – SKILLED EMPLOYER SPONSORED REGIONAL (PROVISIONAL)
This new subclass 494 visa is being divided into two streams – the employer sponsored stream and the labour agreement stream. For each of the streams, the applicant needs to be sponsored.
Criteria that the applicant needs to satisfy for an eligible application to be made
The applicant must not have turned 45 at the time of application.
If the application is lodged under the employer sponsored stream, the applicant must have skilled occupation on an applicable list and have valid, suitable skills assessment; if lodged under the labour agreement stream, the applicant may be required to demonstrate that he/she has necessary skills to perform tasks of nominated occupation and that he/she has been employed in the nominated occupation for at least 3 years on a full-time basis.
For the Employer-sponsored stream, the applicant must have competent English at time of application, unless specified in a legislative instrument by the Minister. For the labour agreement stream, the applicant’s English language skills need to be suitable to perform the nominated occupation.
The applicant needs to satisfy health PIC 4007 under the Employer Sponsored stream, and PIC 4005 if the applicant is lodged under the Labour agreement stream.
Character PIC may apply to all primary applicants and all members of family unit. The application may be applied and be granted inside or outside Australia, but not in immigration clearance. The applicant must be holder of substantive visa or BVA, BVB or BVC to apply onshore
The visa is of five years validity. Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed.
Application Fee
Base application charge: primary applicant $3,755, additional applicant over 18 years: $1,875, under 18 years: $940 (*Minister of Religion or member of their family unit VAC: nil)
Second VAC instalment if required - Primary applicant less than functional English over 18 years: $9,800; secondary applicants over 18 years $4,890; any other applicant: nil.
SUBCLASS 191 – PERMANENT RESIDENCE (SKILLED REGIONAL) VISA
Criteria that the applicant needs to satisfy for an eligible application to be made
Only Subclasses 491 and 494 visa holders are eligible to apply for this visa. The applicant must have held the Subclass 491 or 494 for at least three years and substantially complied with the conditions of the visa and Condition 8579
The applicant must have met a minimum threshold taxable income level for at least three years while holding the Subclass 491 or 494 (threshold to be specified by legislative instrument)
Dependent children included as members of family unit for the Subclass 491 or 494 visas, may be included in Subclass 191 application, it is important to note that the children will be eligible to be included in the application even if the children no longer meet the definition of dependency.
Health PIC 4007 and character PIC apply to all primary applicants and all members of family unit.
The application may be applied and be granted inside or outside Australia, but not in immigration clearance.
Application Fee
Base application charge: primary applicant $385; additional applicant over 18 years: $195, under 18 years: $100
Permanent visa allowing holder to travel to and enter Australia for a period of 5 years from grant date
How Can Agape Henry Crux Help
If you want to apply for the new regional provisional visas, please call one of our highly trained immigration lawyers at Agape Henry Crux. We can be contacted on (02)-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Burmese, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter.