A big hello to SWR (Provisional) Subclass 491 and SESR (Provisional) subclass 494 and a final goodbye to SR (Provisional) subclass 489 and RSMS subclass 187 (Direct Entry) stream.Many of skilled workers from South Asian origin got their subclass 489 visa and RSMS was their favourite choice. RSMS subclass 187 has ruled subcontinent hearts since 2009, but its time to say goodbye to our favourite RSMS subclass 187 (Direct Entry) stream. Application for Regional Sponsored Migration Scheme (Subclass 187) Direct Entry pathway will close from 15th November 2019. New program Skilled Employer-Sponsored Regional (Provisional) visa will be made from 16th November 2019. After the new subclass 491 and 494 visas are granted from the 16th November, holders of these visas can use the new 191 visa to lodge PR. This subclass 191 visa will be vastly different from the current 887 version which will remain in place for 489 visa holders. A quick guide about two subclasses (491 and 494) which commenced from 16th November 2019 are:Two invitation pathways through Skilled Work Regional (Provisional) subclass 491 visa are:

• State / Territory nominated
• Family-sponsored

Skilled Work Regional (Provisional) – subclass 491 visa:

Enables eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. Subclass 491 visa will have 504 eligible occupations (77 more than closest non-regional equivalent visa).

Eligible Applicants must: 

• have a relevant occupation on the skilled occupation list;
• have a suitable skills assessment for the occupation;
• satisfy the points test;
• be under 45 years of age at the time of invitation;
• have Competent English;
• be nominated by a state or territory government agency or be sponsored by an eligible relative;
• meet public interest criteria including health and character requirements.

Visa conditions

There are a number of new conditions associated with this visa. Conditions 8578, 8579, 8580 and 8581 must be imposed. The conditions require visa holders to:

• • Condition 8579: live, work and study only in a designated regional area of Australia;
  • Condition 8579 to notify Immigration of a change to their residential address, contact details, passport details, the address or addresses of an employer of the holder and the address of the location of a position in which the holder is employed within 14 days; and

• Condition 8580 and 8581 to provide information and evidence relating to their location if requested to do so; and, if requested in writing by the Minister to do so, attend an interview at a place and time, or at a time, and in a manner, specified in the request.

Subclass 494 visa program will be replaced by RSMS subclass 187 Direct Entry. The program has 9,000 places allocated per year. It has 673 eligible occupations (Over 450 more occupations than closest non-regional equivalent visa).  It requires employer sponsorship and the position must be likely to exist for a minimum of 5 years. The visa validity period is 5 years. Conditions will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas and only in the nominated position. Visa holders can move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth. It has two streams:

• Employer-sponsored
• Labour Agreement

Eligible Applicants must: 

• Age under 45 at the time of application
• Competent English at the time of application
• Job offer from approved sponsoring company which must be for 5 years
• Have at least three years’ full-time relevant work experience in the nominated occupation
• Successful skills assessment at the time of application
• Meet health and character requirements

Other highlights of the program:

• Visa will be granted for 5 years
• Eligible for Medicare –health insurance not required
• GTE requirement does not apply
• Must live and work for 3 years in regional areas to get Skilled Regional subclass 191 Visa
• Can move between jobs but will have 90 days to find a new nominator
• Cannot apply for any other skilled PR or 820 partners visa for 3 years

Visa holders will be eligible to apply for a Permanent Residence visa after three years through Permanent Residence (Skilled Regional) visa subclass 191 if:

• they have earned a minimum taxable income for three years as the holder of a regional provisional visa; and
• they have complied with the conditions of the regional provisional visa; particularly the requirement to live, work and study in a designated regional area of Australia (child must study in regional area).

There are important definitions determined by the Department of Home Affairs (DOHA) that you need to fulfil in order to satisfy the requirement of subclass 491, 494 and 191. It’s a complex process which involves a lot of work and depth knowledge. Our professional team of Migration agents at Education Embassy will help assess your eligibility keeping in mind the Migration Regulations and Migration Act of 1958. We are happy to cover all the enquiries received through newspapers.Sourabh Aggarwal Education Embassysourabh@eduembassy.com.au