Are you prepared for the Australian Immigration changes after 16 November 2019? Many changes are being introduced to the Australian Skilled (GSM), Employer Sponsored visas (ENS) and Family Visa Program. Synergy will keep you updated on this page on a regular basis. In preparation to the introduction of the new Skilled Regional visas in November 2019, the Immigration department has announced further details on the implementation dates for the 491 and 494 visas, and transitional arrangements for Subclass 489 and RSMS 187 visas.

 The Australian government has released the regulations relating to 2 new regional visas which will be available from November 2019. The subclass 489 visa will close from 16 November 2019. The Australian Government’s Department of Home Affairs has announced that the last day for states and territories to nominate and issue invitations for the subclass 489 applicants will be 10 September 2019. Some states are progressively closing their subclass 489 Skilled Regional state nomination program to new applications. Below are the latest state announcements. A new Skilled Worker Regional (Provisional 491) visa will be introduced on 16 November 2019 and this will replace the 489 visa.

 Subclass 491 Skilled Work Regional (Provisional) visa: Substituting the current 489 visa and commencing November 16, 2019 this visa has 14,000 places allocated per year. This is a skilled migration (points tested) visa which requires either state government nomination, or sponsorship by an eligible family member who is settled in a designated regional area. The age limit for this visa is 45 and you must have a positive skills assessment.

· Subclass 494 Skilled Employer Sponsored: Substituting the current 187 (RSMS) visa and commencing November 16, 2019 this visa has 9,000 places allocated per year. It requires employer sponsorship and the position must be likely to exist for 5 years. It has a 45 year age limit, competent English, RCB advice and must meet the AMSR. Visa applicants must have a suitable skills assessment and at least 3 years’ skilled employment (unless exempt).

· Subclass 191 Permanent Residence (Skilled Regional): To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 491 or 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements. 

a new initiative for an additional Temporary Graduate visa with an extra year of post study work rights for international students who:

• graduate from the regional campus of a registered university or institution with a higher education or postgraduate qualification; and
• maintain ongoing residence in a regional area while holding their first Temporary Graduate (subclass 485) visa

The second Temporary Graduate visa will require ongoing residence in a regional area.

The definition of regional Australia for this purpose will be 

the same as the definition for skilled migration – all of Australia 

except Sydney, Melbourne, Perth, Brisbane and the Gold Coast.

Australia Prime Minister Scott Morrison has claimed victory in the 2019 election, 

with results showing the Liberal National coalition is on track to be returned to government. 

So what does this mean for Australian immigration in the next 3 years? 

Find out more here. Australia PR Points Calculator from 16 November 2019

Skilled Occupation List changes 186,187,189,190, 407; 482; 485; 489  were announced and are effective from 11 March 2019.

Commencing 11 March 2019, for the 189, 190, 489 visas there were 36 occupations added to MLTSSL; 27 occupations removed from the STSOL, 18 occupations added to the ROL. For the TSS visa, there were 2 occupations added to MLTSSL, 6 moved from STSOL to MLTSSL and 16 moved from STSOL to ROL. See the full list here.

Skilled visas points test: changes will come into effect from November 2019 which will enable some applicants to earn additional points where the partner has competent English.

Points test changes from 16 November 2019: Applicants and intending migrants will not be disadvantaged by the changes to 6D points for Points Tested visas. These come into effect on 16 November 2019. Skill Select will automatically update points for all Expressions of Interest (EOI) in submitted status.  This will not change the ‘date of effect’ for any EOI.

The new sponsored family visa and approval of family sponsor changes commence on 17 April 2019

The new changes to Sponsored family visa’s, which is likely to include partner visas, is scheduled to commence on 17 April 2019. This may have the following effect on prospective partner visa applicants: Sponsorship’s  lodged first and approved before Partner visas can be lodged. If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.

New legislation has recently been introduced that will significantly impact whether an Australian Partner visa application can be lodged whist the applicant (partner or spouse) is in Australia.

The new Migration Amendment (Family Violence and Other Measures) Bill was passed through Parliament. The Governor‑General proclaimed on 8 April that Schedule 1 of the Migration Amendment (Family Violence and Other Measures) Act 2018 would commence on 17 April 2019.

The new regulations mean that partner visa sponsorship applications would need to be lodged under stricter criteria and approved before the overseas partner visa application could be lodged, however these have not been implemented yet for partner visas.The new 2 step process will delay the lodgement of the overseas partner application and require the overseas partner to have a valid visa until a visa application for the overseas partner can be lodged.We recommend that our clients take advantage of the deferral of the new regulation and lodge their sponsorship and partner visa applications as soon as possible.

The change of Partner Visa will require the sponsor, and not just the applicants, to be assessed as well. These key changes amends the Migration Act 1958 to establish a sponsorship framework for the sponsored family visa program to: establish a sponsorship framework for the sponsored family visa program to:

• separate sponsorship assessment from the visa application process for family sponsored visas;
• require the approval of persons as family sponsors before any relevant visa applications are made;
• impose statutory obligations on persons who are or were approved as family sponsors and provide for sanctions if those obligations are not satisfied;
• facilitate the sharing of personal information between parties identified in a sponsorship application;
• enable the refusal of a sponsorship application and the cancellation or barring of a family sponsor in certain circumstances;
• enable the regulations to prescribe details for, and in relation to, the operation of the sponsorship framework; and make consequential amendments.