Welcome back to Part 2 of the 16 November 2019 Australia visa changes.

In this article, we will be explaining the changes made to the Regional Sponsored Migration Scheme (Subclass 187 Visa RSMS) which is now known as the Skilled Employer Sponsored Regional (Subclass 494 Visa).

If you would like to know more about the new skilled 491 visa and new partner points system, please click here for Part 1 of the changes.

Introducing The New 494 Visa

There will be about 10,000 places per year according to Department of Home Affairs.

Basic requirements are:

  1. Age limit of 45
  2. Competent English at least
  3. Must meet the Annual Market Salary Rate (AMSR) of at least AUD 53,900
  4. Require regional employer sponsorship
  5. Require approval from the Regional Certifying Body (RCB) in the designated regional area
  6. Position must be likely to exist for 5 years
  7. Position must be on the occupation list and full-time
  8. Must start work within 90 days of the visa grant and must only work in the nominated occupation for the nominating employer in regional Australia

494 Visa is not a Permanent Residency(PR) visa and is valid for 5 years with a PR pathway.

Closure of 187 Visa And Transitions

So What Happens To Existing 457 & 482 Visa Holders?

Since 187 visa is being replaced by 494 visa, a new applicant will no longer be able to apply for 187 visas as they have closed on 16 November 2019.

However, 187 visa remains open for the following people who:

  1. On 20 March 2019, held a Temporary Skill Shortage (482 visa) in the medium-term stream; OR
  2. On 20 March 2019, lodged a Temporary Skill Shortage (482 visa) in the medium-term stream that was subsequently granted; OR
  3. On 18 April 2017, held a Temporary Work (Skilled) (457 visa); OR
  4. On 18 April 2017, lodged a Temporary Work (Skilled) (457 visa) that was subsequently granted.

For RSMS nominations Lodged Before 16 November 2019

These nominations will be taken to have been withdrawn on 16 November 2019 if:

  • The nomination has not been approved or refused before 16 November 2019; and
  • The nominee is not transitional 457* or 482** employee; and
  • The nominee has not lodged 187 visa application before 16 November 2019.

*Transitional 457 worker – A person who, on 18 April 2017 held a Subclass 457 – Temporary Work (Skilled) visa; or was an applicant for a 457 visa that was subsequently granted.

**Transitional 482 worker – A person who on 20 March 2019 held a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream; or was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream that was subsequently granted. 

So How To Qualify For PR After Getting A 494 Visa?

From November 2022, 494 visa holders can apply for a 191 visa (PR) if they meet the following requirements:

  1. Holder of a 491 or 494 visa
  2. Held the visa for at least 3 years
  3. Have earned the minimum taxable income for at least 3 years
  4. Complied with the conditions of the current visa such as:
    1. Live, work and study only in regional areas (Condition 8579)
    2. If employer sponsored, only work in the nominated position
    3. Visa holders can move between regional areas during these 5 years

Conclusion

With such complicated terms and numerous dates to remember, these visas can be very confusing even to the most experienced migration agents.

Of course, with such frequent law changes, no one can claim to be an expert when a new change has been implemented and is in an infant phase.

Therefore, you must make sure to engage a migration agent who is confident to navigate the complexities for you.

Speak with us and we will work out a satisfactory pathway for you!