Introduction of subclass 491 Skilled Work Regional (Provisional) visa

Policy effect

From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative. Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation. At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old. An Australian qualification obtained on a student visa had to result from a registered course. Competent English at invitation and points at least equal to both the invitation score and qualifying score were required. The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was an Australian citizen, permanent resident or eligible New Zealand citizen usually resident in a designated regional area. A relative sponsor had to be a parent, child or step-child, sibling (including adoptive or step), aunt or uncle (including adoptive or step), nephew or niece (including adoptive or step), grandparent or first cousin of the applicant or an accompanying applicant spouse or de facto partner, and sponsor all applicant family-unit members. Applicants declared a genuine intention for themselves and applicant family members to live, work and study regionally. Primary and secondary applicants had to satisfy the specified public-interest and special-return criteria, with their age-dependent requirements and statutory exceptions. Non-applicant family members were subject to criteria 4001, 4002, 4003 and 4004 and health criterion 4005; only the latter assessment could be dispensed with where requiring it would be unreasonable. Family eligibility remained governed by the statutory family-unit definition. Applications and grants could occur inside or outside Australia, but not in immigration clearance; onshore applicants needed a substantive visa or bridging A, B or C visa. The primary visa lasted five years from grant; family visas ran to five years from the primary grant. While in Australia, holders had to live, work and study only in areas designated regional when the visa was granted. They had to notify residential, email, phone, passport and employment-address changes within 14 days, provide requested residential, employment and education-address evidence within 28 days, and attend an interview when requested in writing. Offshore grantees had a specified first-entry deadline; secondary applicants could also be required not to marry or enter a de facto relationship before entry. Prescribed application charges applied, including the second instalment before grant where applicable. For applications to subclasses 124, 132, 186, 188, 189, 190 and 858, the opening-day provisions imposed a three-year holding requirement where subclass 491 or 494 was the applicant’s current or last substantive visa, subject to instrument-specified exceptions. This component records introduction of subclass 491 and its attached constraints; it does not assert abolition of every subclass 489 pathway or commencement of subclass 191 in 2019.

Conditions and exceptions

Validated condition or limit: From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative.; Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation.; At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old.; Competent English at invitation and points at least equal to both the invitation score and qualifying score were required.; The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was…

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

OPC63741 - C Migration Amendment (New Skilled Regional Visas) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor-General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 i OPC63741 - C Contents 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Schedules .................................................................................................................... 1 Schedule 1—Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to the Skilled Employer Sponsored Regional (Provisional) visa 16 Migration Regulations 1994 16 Schedule 3—Amendments relating to the Permanent Residence (Skilled Regional) visa 48 Migration Regulations 1994 48Authorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 1 OPC63741 - C 1 Name This instrument is the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 and 2 16 November 2019. 16 November 2019 3. Schedule 3 16 November 2022. 16 November 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to … has effect according to its terms.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C … 1241 Skilled Work Regional (Provisional) (Class PS) (1) Form: The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (2) Visa application charge: (a) first instalment (payable at the time the application is made): First instalment Item Component Amount 1 Base application charge $4 045 2 Additional applicant charge for an applicant who is at least 18 $2 025 3 Additional applicant charge for an applicant who is less than 18 $1 010 Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non ‑ Internet application charge. Not all of the components may apply to a particular application. Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application. (b) second instalment (payable before grant of visa): Second instalment Item Applicant Amount 1 Applicant who: (a) was at least 18 at the time of application; and (b) is assessed as not having functional English $4,890 2 Any other applicant Nil (3) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (b) An applicant may be in or outside Australia, but not in immigration clearance. (c) An applicant in Australia must hold: (i) a substantive visa; or (ii) a Subclass 010 (Bridging A) visa; or (iii) a Subclass 020 (Bridging B) visa; or (iv) a Subclass 030 (Bridging C) visa. (d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Work Regional (Provisional) (Class PS) visa may be made at the same time as, and combined with, an application by that person. (4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa must meet the requirements in the table. Requirements for applicants seeking to satisfy primary criteria Item Requirements 1 The applicant must have been invited, in writing, by the Minister to apply for the visa 2 The applicant must apply for that visa within the period stated in the invitation 3 The applicant must not have turned 45 at the time of the invitation to apply for the visa 4 The applicant must nominate a skilled occupation: (a) that is specified in an instrument under subitem (5) at the time of the invitation; and (b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and (c) for which t …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other Australia changes operative in 2019

• 2019-03-02Medivac: statutory medical-transfer approval and review pathway
• 2019-07-01Introduction of Third-Year Visa Extension for Working Holiday Makers
• 2019-07-01Sponsored Parent (Temporary) subclass 870 visa applications open
• 2019-11-04Global Talent Independent program: targeted priority-processing launch
• 2019-11-16General Skilled Migration points: education, partner and regional nomination changes
• 2019-11-16Introduction of subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
• 2019-12-05Medivac statutory transfer pathway repealed, with limited court-proceeding protection