Special Visa Migration Pathways for Hong Kong SAR and BNO Passport Holders

From 5 March 2022 onwards, the Department has announced two new permanent resident (PR) visa streams only for Hong Kong SAR and British National Overseas (BNO) passport holders. 

What are the New Permanent Pathways specifically for Hong Kong SAR and BNO Passport Holders? 

For holders of the abovementioned temporary visas: There are two new permanent residency pathways available for you to apply: 

Skilled Independent visa (Subclass 189) – Hong Kong Stream

• Applicants have been ‘usually resident’ in Australia for at least four years continuously while holding a substantive visa before the date of application.

• Applicants are not required to meet occupational or skill assessment requirements, nor do they need ongoing sponsorship.

• However, they must meet English language, health and character requirements.

Permanent Residence (Skilled Regional) Visa (Subclass 191) – Hong Kong (Regional) Stream

Applicants have been ‘usually residents’ of Australia for at least three years, having lived, worked, and studied in a designated regional area.

* ‘Usually resident(s)‘ means the place in which an individual is determined by taking into consideration their actual residence (where they eat, sleep and live) as well as their purpose to make that place their home.

What are the Ongoing special visa Pathways for Hong Kong Passport Holders? 

For Skilled Applicants with Temporary Visas

Temporary Skills Shortage Visa (TSS) (Subclass 482)

• Hong Kong SAR and BNO passport holders are eligible for a five-year TSS visa, which provides a pathway to permanent residency (PR). 

• The requirements include: 

  • Nomination by an approved sponsor. 

  • A nominated occupation on the relevant skilled occupation list. 

  • At least two years of relevant work experience.

  • Relevant skills, qualifications, and English language proficiency. 

For Students with Temporary Visas 

Temporary Graduate Visa (Subclass 485) 

• Hong Kong SAR and BNO passport holders completing eligible tertiary studies in Australia can apply for a five-year validity Temporary Graduate visa after graduation, which offers a pathway to permanent residency (PR).

• Skill Assessment Exemption: the requirement for a skills assessment has been removed for Temporary Graduate visa applications lodged between 1 July 2022 and 30 June 2023. 

Regional Pathway

• Students who choose to live and work in regional Australia can access permanent residency (PR) after three years. 

Relocating to Australia from Hong Kong 

If you are employed by an Australian company offshore, you may be also eligible for: 

• Temporary Skill Shortage (Subclass 482) Visa: To be sponsored by your Australian employer.

Even without employment ties to an Australian company, various visa pathways may still be available. Book a consultation with our Accredited Specialist or Solicitor on Duty to check all the visa options today. 

What is the processing time? 

It can be varied because it is determined on a case-by-case basis. The average processing times are listed on the Department of Home Affairs website. 

How Can Agape Henry Crux Help You?

As the Australian migration system is now providing additional opportunities for both temporary and permanent residency exclusively for Hong Kong SAR and BNO passport holders, it is your golden opportunity to take advantage of it. Contact us at Agape Henry Crux for professional legal assistance, you can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or email us to book a time at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.