8 existing visa types are adversely affected by the new subclass 491 and 494 regional visas. If a subclass 491/494 visa is (or has been) held by a client, that client might not be eligible for any of those 8 existing visa types and might not even be eligible for a BVA. However, those 8 existing visas are not affected in the same way. As a result, it is not enough to understand Schedules 1 and 2 for the new visas. It is also necessary to understand how those new visas could affect each of those 8 existing visas types.
From 16 November 2019, a new legislative instrument will introduce the following visas:
- Skilled Work Regional (Provisional) (Class PS), subclass 491 (Skilled Work Regional (Provisional))
- Skilled Employer Sponsored Regional (Provisional) (Class PE), Subclass 494 (Skilled Employer Sponsored Regional (Provisional)).
As expected, that new instrument adds provisions to Schedules 1 and 2 of the Migration Regulations 1994 (Cth) containing the requirements for the new subclasses.
But the instrument goes much beyond the obvious and contains the following "hidden treasures", which practitioners must understand in order to properly advise their clients.