General Skilled Migration points: education, partner and regional nomination changes

Policy effect

From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field. Qualifying skilled-partner points rose from 5 to 10. That partner had to apply for the same subclass, not be an Australian citizen or permanent resident, be under 45 at invitation, and at invitation have competent English, nominate a specified skilled occupation and hold a suitable assessment for it other than a subclass 485 assessment. New partner-table alternatives awarded 10 points to applicants without a spouse or de facto partner, or with an Australian citizen or permanent-resident partner, and 5 points for a same-subclass applicant partner who was neither and had competent English at invitation. Only the highest qualifying points within the partner Part could be awarded; these alternatives did not stack. Regional nomination or sponsorship points rose from 10 to 15 and included subclass 491 alongside 489, requiring an invitation and either an unwithdrawn State or Territory nomination or accepted family sponsorship. The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education. The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa. These changes concerned the Schedule 6D test for points-tested subclass 189, 190, 489 and 491 applicants; they did not guarantee a visa.

Conditions and exceptions

Validated condition or limit: From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field.; Only the highest qualifying points within the partner Part could be awarded; The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education.; The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa.

Official source excerpt

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

… relevant assessing authority for the applicant’s nominated skilled occupation had assessed the applicant’s skills as suitable for that occupation; and (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment. (2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course. 491.215 At the time of invitation to apply for the visa, the applicant had competent English. 491.216 (1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa. (2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision. Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 10 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2, and Schedule 6D, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act. 491.217 (1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn. (2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances: (a) the sponsor has turned 18; (b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; (c) the sponsor is usually resident in a designated regional area; (d) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 visa), as: (i) a parent; or (ii) a child or step-child; or (iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or (iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or (v) a nephew, niece, adoptive nephew, adoptive niece, … or step-niece; or (vi) a grandparent; or (vii) a first cousin; (e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor. 491.3—Secondary criteria Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application. 491.311 The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa. 491.312 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021. (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.Authorised Version F2019L00578 registered 08/04/2019 Amendments relating to the Skilled Work Regional (Provisional) visa Schedule 1 Migration Amendment (New Skilled Regional Visas) Regulations 2019 11 OPC63741 - C (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018. 491.313 The applicant satisfies special return criteria 5001, 5002 and 5010. 491.4—Circumstances applicable to grant 491.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of visa application charge must be paid before the visa can be granted. 491.5—When visa is in effect 491.511 If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant. 491.512 If: (a) the applicant satisfies the secondary criteria for the grant of the visa; and (b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa; temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa. 491.6—Conditions 491.611 If the applicant is outside Australia when the visa is granted: (a) first entry must be made before the date specified by the Minister; and (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed. 491.612 Conditions 8578, 8579, 8580 and 8581 must be imposed. 30 Before paragraph 773.213(3)(t) of Schedule 2 Insert: (sb) Skilled Work Regional (Provisional) (Class PS);Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 12 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C 31 At the end of paragraph 820.212(a) of Schedule 2 Add: (v) a Skilled Work Regional (Provisional) (Class PS) visa; or 32 At the end of paragraph 820.212(b) of Schedule 2 Add: or (v) …

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
• 2019-11-16Introduction of subclass 491 Skilled Work Regional (Provisional) visa
• 2019-11-16Introduction of subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
• 2019-12-05Medivac statutory transfer pathway repealed, with limited court-proceeding protection