New Skilled and Employer Sponsor Regional Visas with a Pathway to PR
From November 2019, new regional provisional skilled and employer sponsor visas will be introduced to replace the current subclass 489 and 187 visas. Further, from November 2022, a new regional permanent residency visa, subclass 191, will supplant the current 887 visa.
The biggest news is that the definition of “regional” will be expanded and simplified to include all areas outside Sydney, Melbourne, Brisbane. Most notably, Perth and the Gold Coast will have their status as “regional” cities reinstated while Adelaide, Darwin, Newcastle, Wollongong and the NSW Central Coast will also be deemed “regional” for the purposes of applying for these new subclasses of visa. The Department has also indicated that the new regional visas will be given priority processing. While no further information has been provided, it is likely that these visas will have much faster processing times than their metropolitan counterparts. Moreover, the total number of regional visas granted will be increased from 23,000 to 25,000 places per annum and the list of eligible professions for those willing to work in regional Australia expanded. Changes will take place from 16 November 2019.
This visa will replace the recently closed 489 – skilled regional (provisional). The time required to live and work in regional Australia will increase from 2 to 3 years (meaning an additional year is added on the pathway to PR), however, the new occupation list will be increased to include over 500 eligible occupations. Several restrictions will still apply, including that applicants must be sponsored by a State or Territory and meet the overall points test requirements. However, there will be the option to gain additional points including from State or family sponsorship, partner skills, English language skills and selected STEM occupations. Applicants without a spouse or De Facto partner will also receive additional points. The requirements to gain State or Territory sponsorship will remain the same. This includes, graduating from an institution, being employed or having a family sponsor family in that State or Territory. The Department has indicated that it will allocate 14,000 places per annum to the 491 visa arrangements.
Please note that the 489 is now closed to new applicants, however, transitional arrangements have been put in place for recently lodged visas.
This visa will replace the permanent subclass 187 visa and replace it with a provisional visa with a further option to apply for PR through the subclass 191. In order to access the pathway to PR, visa holders must live and work in regional Australia for 3 years (although we note the visa validity period of 5 years meaning that there is some flexibility for holders).
The new list of eligible occupations will be extended to include over 700 occupations; however, applicants must still be nominated by an employer in regional Australia and meet usual Employer sponsored requirements including age, English language, skills assessment, work experience (usually at least three years), character and health requirements.
This visa will operate similar to the subclass 887 – Skilled regional visa and will offer a pathway to PR from the subclass 491 and 494 visas. Applicants must have held and complied with their 491 and 494 visas meaning that the overall pathway to PR through the regional visas is lengthier compared to the 887. Further, applicants must be able to show earnings of $53,900 per annum for the 3 years they were working regionally.
Employer Sponsored Migration can be refused for a number of reasons. Employer Sponsored Migration application also has strict criteria which all must be met and only very limited waiver provisions for age, English language and skill requirements exist.
It is essential that the visa application is assessed, structured and lodged in a way to satisfy all applicable DIBP law and policy. Turner Coulson has years of experience working with ENS visas handling the most complex cases and achieving positive outcomes in circumstances where the applicant would have failed if we were not involved.
Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.
Turner Coulson will help you out regardless of your situation, and Turner Coulson will make it a priority to get you the best outcome.
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