Hong Kong regional permanent-residence stream opened under Subclass 191

Policy effect

From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument. Other applicable visa criteria remained in force.

Conditions and exceptions

Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument.

Official source excerpt

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

… t “or the Hong Kong stream”. 5 Subclause 189.313(1) of Schedule 2 After “Points-tested stream”, insert “or the Hong Kong stream”.Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 9 OPC65104 - B Part 2—Subclass 191 visas Migration Regulations 1994 6 Subitem 1139(2) of Schedule 1 Repeal the subitem, substitute: (2) Visa application charge: (a) first instalment (payable at the time the application is made): (i) for: (A) an applicant (a primary Regional Provisional a … pplicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream; or (B) an applicant (a secondary Regional Provisional applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary Regional Provisional applicant: First instalment—visas in the Regional Provisional Visas stream etc. Item Component Amount 1 Base application charge $425 2 … Additional applicant charge for an applicant who is at least 18 $210 3 Additional applicant charge for an applicant who is less than 18 $110 (ii) for: (A) an applicant (a primary HK applicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream; or (B) an applicant (a secondary HK applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a pri … mary HK applicant: First instalment—visas in the Hong Kong (Regional) stream etc. Item Component Amount 1 Base application charge $4,115 2 Additional applicant charge for an applicant who is at least 18 $2,055 3 Additional applicant charge for an applicant who is less than 18 $1,030 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.Authorised Version F2021L01479 registered 29/1 … ish $4,885 2 Any other applicant Nil 7 Paragraph 1139(3)(c) of Schedule 1 Repeal the paragraph, substitute: (ba) An application by a primary Regional Provisional applicant or a secondary Regional Provisional applicant must be made on or after 16 November 2022. (bb) An application by a primary HK applicant or a secondary HK applicant: (i) must be made on or after 5 March 2022; and (ii) must not nominate the Regional Provisional Visas stream. (c) A primary Regional Provisional applicant: (i) must hold a regional provisional visa; and (ii) must have held that regional provisional visa for at leas … t 3 years. (ca) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (3A) applies; and (iii) must have held that visa for at least 3 years. 8 After subitem 1139(3) of Schedule 1 Insert: (3A) For the purposes of subparagraph (3)(ca)(ii), this subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the p … cified in an instrument under subclause (3) in relation to the applicant. (3) The Minister may, by legislative instrument, specify an amount for the purposes of subclause (2) in relation to all applicants or different classes of applicants. (4) Subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 191.23—Criteria for Hong Kong (Regional) stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 191 visa in … the Hong Kong (Regional) stream. 191.231 (1) The applicant complied substantially with the conditions to which the following visas were subject: (a) the Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 485 (Temporary Graduate) visa held by the applicant at the time of application; (b) any subsequent bridging visa held by the applicant. (2) During the 3 years ending immediately before the date of application, the applicant did not live, work or study in a part of Australia that was not a designated regional area unless the applicant is incl … uded in a class of persons specified in an instrument under subclause (3).Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 13 OPC65104 - B (3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2). 191.232 The applicant had been usually resident in Australia for a continuous period of at least 3 years immediately before the date of the application.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2 …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2022

• 2022-02-21Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors
• 2022-03-05Hong Kong permanent-residence stream opened under Subclass 189
• 2022-03-05Subclass 445 grant-location flexibility extended beyond the COVID concession
• 2022-03-05Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions
• 2022-04-04Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream
• 2022-07-01Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)
• 2022-10-01Repeal of the Australian Agriculture Worker Stream
• 2022-12-10Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022