Subclass 491: an additional Schedule 1 requirement

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.

The requirements in Schedule 1 for the new visa class contain an additional criterion when compared to subclass 489.

Under the new criterion, the primary applicant will have to make a declaration about themselves and any secondary applicants. If that declaration is not made, an application for that visa class will be invalid.

Of course, ImmiAccount might implement the application form for the new visa in a way where the applicant is prompted to answer "yes" or "no" to that declaration. However, we cannot assume that ImmiAccount will do that.

As we saw with the sponsorship for new visa subclass 870, there were issues with the application form when it was implemented. We cannot assume that the new application form for subclass 491 will contain no errors which might lead to invalidity of an application.

Further, subsequent non-compliance with the promise made in that declaration might lead to visa cancellation under s 116 of the Act. As a result, practitioners should bring to their clients' attention the importance of complying with that promise.

But what is the declaration after all?

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