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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.

This further new instrument amends a drafting error contained in the new legislative instrument about visitor visas which commenced on 24 August 2019

"The instrument operates for the Minister to... specify the approved forms, place and manner for making a valid visa application for a visitor ... visa and specify ..."

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?

From November 2019, a person who holds certain types of visas (or whose last substantive visa held was of one of those types) will only be able to make a valid subclass 820 application if, before making that application, they have either held those types of visas for at least 3 years or obtain another substantive visa.

Common mistake: "My DIY client's onshore substantive visa application was refused, after which they missed the AAT deadline, overstayed their BVA and have become unlawful. As that client wants to remain in Australia, I will make an AAT application on their behalf arguing that such an application is not late, based on DFQ17. That will then enable a BVE application on the basis of the pending AAT application". That is incorrect.