Schedule 2 to the Regulations, from 16 November 2019
Introduces the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494), a new and enhanced employer-sponsored visa to assist regional Australia, with two streams: (1) Employer Sponsored and (2) Labour Agreement;
brings employers seeking to employ foreign workers on a Subclass 494 visa under the sponsorship regime for employers in the Migration Act (Division 3A of Part 2 of the Migration Act); and
closes the Subclass 187 (Regional Sponsored Migration Scheme) visa, except for certain transitional cohorts. Subclass 187 is superseded by Subclass 494;
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 3 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.
The amendments made by Schedules 2 and 3 apply only in relation to applications made on or after the date of commencement. This means there is no impact on people who make a valid visa application for the Subclass 489 or Subclass 187 which is to be closed, before 16 November 2019. Subclass 489 visa holders will continue to be able to access the Subclass 887 (Skilled – Regional) visa which is the permanent pathway visa for this group, subject to satisfying existing criteria.
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