Planned Changes 16 November 2019 (Part 1)

Point Test changes

Schedule 6D to the Migration Regulations is amended 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

Invitations for points tested visas

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

NEW Subclass 491 – Skilled Regional (Provisional) Replacing 489 – Skilled Regional (Provisional)

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

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 de-facto 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.

This article is written only as general information from information obtained from the Migration Institute of Australia until 3 June 2019 and not intended as a substitute for immigration advice. If you need more accurate information about the possibility of obtaining an Australian visa, you can contact Yapit Japoetra, MARN 0213101 (YNJ Migration Consultants) at (03) 9650 0895 or email [email protected]  or other registered migration agents.

Yapit Japoetra (MARN 0213101) is a registered migration agent since 2002 from Indonesia and has more than 16 years of experience in Australian immigration law and can assist you in the application process or provide advice on how to get Australian permanent resident and other visas in Australia.