Australian Immigration Daily News

Thank you to Migration Agents that have attended this week’s CPD on Subclass 491 Skilled Work Regional (Provisional) and Subclass 494 (Skilled Employer Sponsored Regional (Provisional) visas.

It was a group effort to work through the legislation which is due to commence on 16^th November 2019 and 16^th November 2022 respectively.

Introduction of three new visas also means that subclass 489 Regional Provisional as well as subclass 187 Regional Sponsored Migration visas will be abolished once the legislation is implemented.

As Category A CPD, we are limited with the number of participants to 30.  This, however, creates an opportunity to ensure classes always remain interactive and informative. 

Below is a summary for Registered Migration Agents that were not able to attend the CPD.

Subclass 491 and 494 visas will be introduced simultaneously on 16^th November 2019 and will be valid for a period of five years.  An applicant holding a 491 or 494 visa will be able to transition to subclass 191 (permanent regional skilled visa) after 3 years.

Legislation also introduces restrictions in terms of other type of visas an applicant can apply for whilst holding a subclass 491 or 494 visa.  The restrictions will be inserted into schedule I provisions of certain types of visas including partner visa application.  The purpose is to prevent holders of subclass 491 and 494 visas leaving their designated regional area.

Subclass 491 visa scheme will largely mirror the existing subclass 489 visa, however there are greater restrictions in terms of ability to apply for another visa whilst holding being a holder of subclass 491 or 494 visa.  In good news, applicants will be awarded additional points in certain areas upon submitting their expression of interest.  At this stage processing times are not yet known, and the final occupation list pertain to this subclass is yet to be released

Subclass 494 mirrors requirements of subclass 187 visa.  It is not fully known whether RCB will play any role in certification of a 494 nomination.  Nothing relating to RCB’s appears to be mentioned in the legislation that is currently available.  SAF will apply to subclass 494 visas, the amount will depend on how many years an employer is wishing to sponsor an employee as well as annual turnover.  Refund provisions remain unchanged.

Applications for subclass 489 and 187 visa lodged on or prior to 16^th November will continue to be processed as per current arrangements. This excludes any expressions of interest to apply for a 489 visa, unless an invitation is made and the visa has been applied for, an applicant will no longer be able to receive an invitation for subclass 489 visa after 15^th November 2019.

Designated Regional Area has been redefined and further information will be available once legislation is released.  It is understood that scope of regional area will remain broad.

Both subclasses do not appear to make any reference to schedule III which is good news for applicants that hold a Bridging Visa A, B or C.

Fees in relation to subclass 191 visas appear to be surprisingly lower than anticipated:

The amounts are:

• the base application charge (payable by an applicant seeking to satisfy the primary criteria) is $385
• the additional applicant charge (payable by an applicant seeking to satisfy the secondary criteria whose application is combined with that of a primary applicant) is:

-           for an applicant who is at least 18:  $195

-           for an applicant who is less than 18:  $100

Further webinars on 494 and 491 visas will be held in June and July.  To book, visit: https://legaltrainingaustralia.com/webinar-cpd/

Alternatively, feel free to send me an email, This email address is being protected from spambots. You need JavaScript enabled to view it. with any of your questions.