We have summarised some items in plain English so most of us can understand, as the information included in this Instrument is extensive. We have based the summary on the new legislation to be introduced, associated provisions and amendments to the Migration Act and Migration Regulations.
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Book under: 02. Migration Law - basic PR/points assessment - 30 mts
Legislative Instrument - F2019L00578 - Migration Amendment (New Skilled Regional Visas) Regulations 2019.
Schedule 3 of the Instrument
- Introduces the Subclass 191 Permanent Residence (Skilled Regional) visa
- Details eligibility criteria for this visa, including pre qualifying visas, minimum taxable income for three years and compliance with regional visa conditions
- Commences 16 November 2022
Australian Migration PROCESS - Three Steps
New Skilled Regional Visas - features
Designated Regional Areas
- At commencement of the new regional visas, it is intended that any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth will be designated as a regional area
- Regional visa holders may live in any designated regional area and can move between designated regional areas
- OnlySubclasses 491 and 494 visa holders are eligible to apply for this visa
- Must have held the Subclass 491 or 494 for at least three years and substantially complied with the conditions of the visa and Condition 8579
- Must have met a minimum threshold taxable income level for at least three years while holding the Subclass 491 or 494 (threshold to be specified by legislative instrument)
- Dependent children included as members of family unit for the Subclass 491 or 494 visas, may be included in Subclass 191 application, even if no longer able to meet the definition of dependency
- Health PIC 4007 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
- VAC- Base application charge: primary applicant $385; additional applicant over 18 years: $195, under 18 years: $100
- Permanent visa allowing holder to travel to and enter Australia for a period of 5 years from grant date
New Schedule 8 Conditions
Notify Department within 14 days of changes to visa holder's residential address, contact details, passport details, employer address, and location of position
- Requires applicant to live, work and study (where relevant) in designated regional area
- Permits visa holder to move between designated regional areas
- Prevents visa holder from accessing any other skilled migration visa for at least three years
- Cancellation provisions may apply if not compliant with Condition 8579
Requires within 28 days, if requested in writing by the Minister, the visa holder's residential address, address of employer, address of location of position employed in, address of any educational institution attended by visa holder
Requires visa holder, if requested in writing by the Minister to attend an interview that may be undertaken face to face or by video conferencing applications
The holder must work only in the nominated occupation identified in the application for the most recent Subclass 494 visa granted to the holder, must only work in position in nominating business or associated entity, unless occupation specified by the Minister or to fulfil a legal requirement after giving notice; commence work within 90 days of arriving in Australia; not cease work employment for more than 90 days; continue to hold license or registration.