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
- 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
- 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)
- Lodge an Expression of Interest and are invited to apply
- Form 491 V (Internet) lodged online
- Primary applicant: $4045
- 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
- 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
- Two streams
- 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
- 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
- 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
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:
- Applicants can also apply for a subclass 189 or 190 after 3 years if invited to apply