Australian Mygration Matters June 2019

• The SC187 RSMS visa will be replaced by the new Subclass 494 Skilled Employer Sponsored Regional (provisional) visa [SC494ESR] visa which will be valid for min 3 years up to 5 years.
• Any applicant offered an employment position in designated regional areas must first apply for a provisional (temporary) visa known as Subclass 494 Skilled Employer Sponsored Regional (provisional) visa [SC494ESR] visa which will be valid for up to 5 years.

Designated Regional Areas

• At commencement of the new regional visas, it is intended that any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth will be designated as a regional area
• Regional visa holders may live in any designated regional area and can move between designated regional areas

NEW SUBCLASS 494 EMPLOYER SPONSORED REGIONAL VISA EXPLAINED
The new SC494ESR visa will be very similar to the overview of the current SC482 Employer Sponsored visa but will have conditions relating to designated regional areas and have transition arrangements into permanent regional employer sponsored streams [aka Subclass 191 Permanent Residence (Skilled Regional) Visa which only commences on the 16 November 2021

INTRODUCTION TO NEW SUBCLASS 491 SKILLED REGIONAL PROVISIONAL VISA

The Subclass 489 Visa will cease to exist from the 16/11/2019.This will be replaced by the Subclass 491 – Skilled Regional (Provisional) visa which will have two streams namely, State/Territory sponsored and family member residing in designated area sponsored

Transitional arrangements for Subclass 489 visa holders PLUS Applicants planning to lodge a Subclass 489 visa before 16/11/2019

• Current Subclass 489 visa holders will continue to have access to the Subclass 887 Skilled Regional visa
• Applications for first Subclass 489 may be made before 16 November 2019
• Applications for second Subclass 489 visas may continue to be made on and after 16 November 2019

Since this visa is a points tested visa, applicants must meet the points thresholds for each stream.
Some changes to the skilled points tested visas which will come into effect from 16/11/2019 and be applicable to not only the new Subclass 491 visa, but also benefit the other points tested visas such as Subclass 189 Skilled independent visa and the Subclass 190 Skilled Nominated Visa

Sections of the Migration Regulations 6D to be amended are:

Invitations for points tested visas will be ranked in the following order:

• First – primary applicants with a skilled spouse or de facto partner
• Equal First – primary applicants without a spouse or de facto partner
• Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English, but does not have the skills for skilled partner points (age and skills)
• Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal

SUBCLASS 191 PERMANENT RESIDENCE (SKILLED REGIONAL) VISA
This Visa subclass will only be available to Subclasses 491 and 494 visa holders at the time of application.

Applicants

• 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
• 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, even if no longer able to meet the definition of dependency
• Health PIC 4007 and character PIC apply to all primary applicants and members of family unit, whether applicants or not
• May apply and be granted inside or outside Australia, but not in immigration clearance
• VAC – 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

PROS

• You are not restricted to a particular regional post code and may move around within all designated areas
• The increase allocation of points for the subclass 491 allows applicants to meet these easier than the current points threshold
• Conditions 8503 and 8534 may be waived where that visa holder has a genuine intention to apply for a Subclass 494 visa
• Holders of Bridging Visas A, BVB and BVC may apply for the SC494 and SC491 if onshore
• Equal opportunities for relationship status by allowing applicants to claim points under this category

CONS

• From 16 November 2019, there will no longer be direct entry pathways to permanent residence for regional area sponsorships
• Applicants must maintain conditions of the Provisional Subclass 494 and SC491 Visas for minimum 3 years before being eligible to apply for permanent residency through the Subclass 191 Permanent Residence (Skilled Regional) Visa
• Even though these new visa subclasses provide easier initial eligibility criteria, applicants who are granted these visa subclasses are restricted from applying for any of the following visas for a period of 3 years unless ‘special circumstances’ apply. Special circumstances are yet to be defined.

NEXT STEPS
Should you, a family member or a friend require assistance before the changes will take effect please contact us now
Mygration specializes in several areas of visas for Australia. Speak to one of our registered migration agents now and receive real-time advice and assistance for your matter. We look forward to assisting you.

Your Mygration Team