Schedule 1 to the legislative instrument makes amendments to:
close the Subclass 489 (Skilled – Regional (Provisional)) visa to primary applicants for a first provisional visa;
introduce the Subclass 491 Skilled Work Regional (Provisional) visa, a points-tested visa for applicants sponsored by a State or Territory government agency or sponsored by a family member residing in a designated regional area;
amend the points test in Schedule 6D to the Migration Regulations to award:
15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;
10 points for a skilled spouse or de facto partner;
10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;
5 points for a spouse or de facto partner with ‘competent English’;
10 points for applicants without a spouse or de facto partner; and
Schedule 2 to the legislative instrument makes amendments to:
close the permanent Subclass 187 (Regional Sponsored Migration Scheme) visa, except for certain Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa holders;
create the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) with two streams: Employer Sponsored and Labour Agreement, for employers in regional Australia to employ skilled foreign workers; and
bring employers seeking to employ foreign workers under the sponsorship regime under of the Migration Regulations, which includes provisions aimed at the protection of both Australian and foreign workers and at the integrity of the program.
Schedule 3 to the Regulations, from 16 November 2022:
introduces a new Subclass 191 (Permanent Residence (Skilled Regional)) visa for persons who hold a Subclass 491 or a Subclass 494 visa at the time of application; and
details eligibility criteria for the Subclass 191 visa, including that the primary applicant must:
hold a regional provisional visa when they apply for the Subclass 191 visa, and have held that visa for at least three years;
have earned a minimum income for at least three years as the holder of a regional provisional visa; and
have complied with the conditions of the regional provisional visa.
Invitations will be ranked in the following order:
First – primary applicants with a skilled spouse or de facto partner
Equal First – primary applicants without a spouse or de facto partner
Second - Primary applicants with a spouse or de facto partner who can demonstrate competent English, but does not have the skills for skilled partner points (age and skills)
Third - Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal
Holders of Subclass 491 and Subclass 494 visas or who last held these visas, are restricted from applying for the following visas, unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist:
Two streams - State/Territory sponsored and family member residing in designated area sponsored State/Territory sponsored stream
Must be nominated by State/Territory Government
Review rights for refusal to grant this visa to an offshore applicant will extend to State/Territory authorities under Part 5 - reviewable decisions
Family member sponsored stream
Must be sponsored by a family member who is over 18 and is an Australian Citizen, Australian permanent resident or eligible New Zealand citizen
Sponsor must be usually resident in a designated regional area
Sponsor must be related to the primary applicant or their spouse or defacto partner
Family member is defined as parent, child or step-child, brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or a grandparent; or a first cousin.
Obligation to assist visa holder to the extent necessary, financially, with accommodation and to participate in AMEP English language program for 2 years
Applicant requirements
Schedule 6D points test applies
Must have been invited to apply
Must not have turned 45 at time of application
Must have skilled occupation on an applicable list and have a valid, suitable skills assessment
Primary applicant must have competent English at time of application
Must declare genuine intention to live, work and study in designated regional area
Health PIC 4005 and character PIC apply to all primary applicants and members of family unit, whether applicants or not
May apply and be granted inside or outside Australia, but not in immigration clearance
Must be holder of substantive visa or BVA, BVB or BVC to apply onshore
Temporary visa - five years validity
Conditions 8578, 8579, 8580 and 8581 must be imposed
VAC - Base application charge: primary applicant $3,755; additional applicant over 18 years: $1,875; under 18 years: $940
Second VAC instalment if required - Less than functional English over 18 years: $4,890; any other applicant: nil
Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 491 visa, subject to meeting prescribed requirements.
Two streams - Employer sponsored stream and labour agreement stream
Employer requirements
Nomination, application processes and sponsorship obligations largely mirror those applicable to Subclasses 457 and 482 sponsorship
Position must genuine, full time and likely to exist for five years
Annual market salary rate (AMSR) must not be less than TSMIT $53,900; annual earnings including non-monetary benefits must not be less than AMSR, unless nominated under the Labour Agreement stream ; and terms and conditions no less favourable than for Australian employees must be provided
Minister must be advised by a ‘body’ (RDA/RCB?) with the responsibility for that part of Australia, that the nominee will be paid at least the AMSR
SAF charges: $3000 for businesses with turnover of less than $10 million, or $5000 for others
Cost of fees and nomination training contribution charge (SAF levy)cannot be recovered from the overseas worker or third party - amendment to Reg 2.87S
If nominating an existing Subclass 494 visa holder, the new sponsor is expected to assume the sponsorship obligations for family members who already hold a Subclass 494
Subclass 494 visa holders will be provided with 90 days to find another employer, if they cease employment with their sponsor
Visa can be cancelled if sponsor provides false and misleading information, fails to meet sponsorship obligations, is cancelled or barred from being a sponsor or where a party to a labour agreement, it is terminated, suspended or ceased
Applicant requirements
Must not have turned 45 at time of application
Employer sponsored stream - must have skilled occupation on an applicable list and have valid, suitable skills assessment; Labour agreement stream - may be required to demonstrate has necessary skills to perform tasks of nominated occupation
Nominated occupation to be specified by corresponding 6-digit ANZSCO code
Must have been employed in the nominated occupation for at least three years on a full-time basis and at level of skill required for the occupation; Labour agreement stream - unless Minister considers it reasonable not to require this
Employer sponsored stream - applicant must have competent English at time of application, unless specified in a legislative instrument by the Minister; Labour agreement stream - English language skills suitable to perform the nominated occupation
Employer sponsored stream - health PIC 4007; Labour agreement stream - health PIC 4005
Character PIC apply to all primary applicants and members of family unit whether applicants or not
May apply and be granted inside or outside Australia, but not in immigration clearance
Must be holder of substantive visa or BVA, BVB or BVC to apply onshore
Temporary visa - five years validity
Conditions 8503 and 8534 may be waived where that visa holder has a genuine intention to apply for a Subclass 494 visa
Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed
Visa can be cancelled if the visa holder did not have a genuine intention at the time of grant to perform the nominated occupation or ceased to have a genuine intention to perform that occupation or the position was not genuine
VAC - Base application charge: primary applicant $3,755, additional applicant over 18 years: $1,875, under 18 years: $940 *(Minister of Religion or member of their family unit VAC: nil)
Second VAC instalment if required - Primary applicant less than functional English over 18 years: $9,800; secondary applicants over 18 years $4,890; any other applicant: nil
Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 494 visa, subject to meeting prescribed requirements
