Industry Updates

The new Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will "replace" subclass 187. However, r 5.19 of the Migration Regulations 1994 will not apply to the new subclass. Instead, nomination applications will need to satisfy the requirements in the newly introduced r 2.72C, which is very different to r 5.19. For instance, nomination applicants will need to be Standard Business Sponsors (or a party to a work agreement) for the new visa, which is not a requirement for subclass 187.

The new Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will "replace" subclass 187. However, r 5.19 of the Migration Regulations 1994 will not apply to the new subclass. Instead, nomination applications will need to satisfy the requirements in the newly introduced r 2.72C, which is very different to r 5.19. For instance, nomination applicants will need to be Standard Business Sponsors (or a party to a work agreement) for the new visa, which is not a requirement for subclass 187.

The visa conditions for the new subclass 491 are completely different and much more strict compared to subclass 489. For instance, a subclass 491 visa holder will need to notify Immigration within 14 days of any changes to: their phone number; their email address; the address of an employer; etc. They will also need to provide evidence, if requested, of: their address; the address of an education institution they attend; etc. And the list of requirements goes on. Non-compliance might lead to visa cancellation.

The new Class PS, Subclass 491 visa will "replace" visa subclass 489 (regional points-tested GSM) on 16 November 2019. But will the visa validity period, which is 4 years for subclass 489 visa holders in most circumstances, be the same for subclass 491?

The new Class PS, Subclass 491 visa will "replace" visa subclass 489 (regional points-tested GSM) on 16 November 2019. But will the health waiver, which is available for some subclass 489 applicants, be available for subclass 491?

The new Class PS, Subclass 491  visa will replace visa subclass 489 (regional points-tested GSM) on 16 November 2019. However, the new class will have an additional requirement under Schedule 1 which does not currently exist for subclass 489. Non-compliance with that requirement will lead to an invalid 491 visa application.

What obligations a sponsor for the new Skilled Work Regional (Provisional) (Class PS), subclass 491  (Skilled Work Regional (Provisional)) visa will have? Sponsors might become liable for costs they did not anticipate and practitioners should consider advising them and/or the applicants about it.

What 'version' of the meaning of "adverse information" and "associated with" applies for the purposes of an SBS application and a 457/186/187 nomination & visa application?

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.

If Schedules 1 and 2 of the Migration Regulations 1994 (Cth) no longer contain the provisions for visa class UC, subclass 457, how can that type of visa still be granted?