New Skilled Regional Visas

Provisional and Permanent

Two new provisional visas will be introduced from 16 November 2019 to assist regional Australia:

Skilled Work Regional (Provisional) (SWR) visa Subclass 491
Skilled Employer Sponsored Regional (Provisional) (SESR) visa Subclass 494

A third new visa will be introduced from 16 November 2022 for persons who hold a subclass 491 or 494 visas at the time of application:

Permanent Residence (Skilled Regional) visa Subclass 191

What is the difference between the old and new regional visas?

Applicants for the new Skilled Work Regional (Provisional) visa will have access to more points for regional nomination/sponsorship.
Priority processing.
Require the holder and their families to live, work and study in a regional area for three years.
Report any change of circumstances to the Department within 14 days.
May be required to attend an interview or provide supporting evidence to demonstrate that they are living and working in regional Australia.
Migrants are more likely to stay in a regional area longer-term.

Occupations

Employers in regional Australia, as well as State and Territory governments, who sponsor regional skilled migrants will have access to more occupations than the equivalent non-regional visas. –the new Skilled Employer Sponsored Regional (Provisional) visa will have 673 eligible occupations (Over 450 more occupations than closest non-regional equivalent visa). –the new Skilled Work Regional (Provisional) visa will have 504 eligible occupations (77 more than closest non-regional equivalent visa).

Skilled Work Regional (Provisional) Visa Subclass 491

Skilled Work Regional (Provisional) visa
Replaces the subclass 489 First Provisional stream
Two invitation pathways

–State / Territory nominated –Family-sponsored

Required to declare that all applicants have a genuine intention to live, work and study in a designated regional area
Australian Values Statement applies to all 16 yrs and over
5 year grant period
More rigorous regional compliance framework (conditions 8578, 8579, 8580 & 8581 imposed on all visa holders)
Points test amended (6D)

Requirements

Lodge an Expression of Interest and are invited to apply
Form 491 V (Internet) lodged online
Primary applicant: $4045

–additional applicant: over 18yrs $2025 under 18yrs $1010 Second VAC: $4890 if any adult applicant does not meet Functional English

Under 45 years of age
An occupation on the relevant skilled occupation list
Competent English language skills
Meet the Points Test pass mark (65 points minimum);
Eligible to apply for a subclass 191 – Permanent Residence (Skilled Regional) visa

Regional compliance framework

8578 – notify immigration of changes within 14 days
8579 – live, work and study only in a designated regional area
8580 – if requested to do so, provide evidence within 28 days
8581 – if requested to do so, attend an interview

Skilled Employer Sponsored Regional (Provisional) Visa Subclass 494

Will be incorporated into the Standard Business Sponsorship framework

–no separate sponsorship class created –existing SBS will be able to lodge SESR nominations –sponsorship obligations will apply – some regulations have been amended

Two streams

–Employer Sponsored –Labour Agreement Requirements

Form 494V (Internet) lodged online
Fees: Primary applicant: $4045 additional applicant: over 18yrs $2025 under 18yrs $1010 Second VAC: $4890 if adult applicant does not meet Functional English
Grant period will be 5 years
Eligible for Medicare – health insurance not required
GTE requirement does not apply
Doctor registration requirement does not apply
Regional compliance conditions + 8608 (similar to 8607)

Nomination - SESR

Nomination requirements include:

Form 494N (Internet) lodged online
NIL nomination fee
Applicant must be an approved sponsor

–SBS – Australian businesses only –party to a Labour Agreement that authorises subclass 494 visas

Position must be located in a designated regional area
Occupation must be specified in the relevant occupation list or in the Labour Agreement (and any caveats met)
Must be a genuine position
Labour Market Testing must be undertaken (no International Trade Obligations exemptions)
Full-time position (no provision to disregard)
Annual Market Salary Rate requirements (no provision to disregard for part-time)
No information that employment conditions are less favourable than for an Australian worker
- Must be engaged as an employee under a written contract of employment (unless exempt)
- Associated entity provisions apply
- Sponsor must not have engaged in discriminatory recruitment practices
- SAF contribution must be paid
–$3000 small business / $5000 other businesses –pro-rata SAF levy if nomination is for a 494 holder to change employer (must provide visa grant date)
- Regional Certifying Body certification provided regarding AMSR
- No adverse information

Visa - SESR

Visa requirements include:

No adverse info about sponsor
Under 45 at time of application
Have an approved subclass 494 nomination that hasn’t ceased (in the correct stream)
If in Australia, hold a substantive or Bridging Visa A, B or C
Successful skills assessment at time of application
Genuine intention to perform occupation
Have at least three years’ full-time relevant work experience in the nominated occupation or a related field, at the same level of skill
Competent English at time of application
Meet health and character requirements (one fail – all fail)
Australian Values applies to all 16 and over
Members of the Family Unit are listed in nomination or sponsor has agreed to include in writing

Transitional arrangements

No new RSMS Direct Entry applications will be able to be lodged from 16 November 2019
RSMS TRT applications will only be able to be lodged if the nominee is either:
a transitional worker, or
a transitional 482 worker
RSMS nominations lodged before 16 November 2019 where the:
the nomination has not been approved or refused before 16 November 2019; and
the nominee is not a transitional worker or a transitional 482 worker; and
the nominee has not lodged a 187 visa application before 16 November 2019

are taken to be withdrawn on 16 November 2019.

Permanent Residence (Skilled Regional) (subclass 191) – PR Pathway

The new Permanent Residence (Skilled Regional) (subclass 191) visa comes into effect on 16 November 2022.
The key requirements for this visa are:

–The primary applicant must have held a regional provisional visa for at least 3 years; –The primary application must have earned a minimum taxable income for three years as the holder of a regional provisional visa (level still to be determined by the Minister); –complied with the conditions of the regional provisional visa; particularly the requirement to live, work and study in a designated regional area of Australia.