The world of immigration in Australia Continues to change on a frequent basis.

Skilled Migration Points Test – Secondary Skilled Migrants

  1. From November 2019, points test will be adjusted to award additional points, to the primary applicants, where their partner has competent English, but cannot meet the requirements for skilled partner points
  2. Single applicants will also be awarded additional points to ensure they are not disadvantaged – how this will occur has not been detailed

New Regional Visas (previously announced) – RSMS (Subclass 187) and Skilled Regional (Subclass 489) to go

  1. The Skilled Work Regional (Provisional) and Skilled Employer Sponsored Regional (Provisional) visas will be introduced from 1 November 2019
  2. The RSMS (Subclass 187) and Skilled Regional (Subclass 489) will be discontinued
  3. ‘Enhanced’ compliance activities will also be implemented for these visas

* Further details on these new regional visas is provided in the article below

Destination Australia Program – Regional study for international students (previously announced)

  1. Scholarships for international and domestic students to study in regional Australia for higher education or vocational education qualifications

New Regional Visa Subclasses

Four new regional visa subclasses were announced in the lead up to the Budget.

  1. Skilled Employer Sponsored (Provisional) – available from 1 November 2019
  2. Skilled Work Regional (Provisional) – available from 1 November 2019
  3. Permanent Residence (Skilled Regional) Visa –   available November 2022
  4. Temporary Graduate visa – available 2021

Skilled Employer Sponsored (Provisional)

  1. 9000 places have been allocated
  2. ‘almost’ 700 eligible occupations, which is 450 more occupations than non regional areas

Skilled Work Regional (Provisional) 

  1. 14,000 places
  2. ‘over’ 500 eligible occupations, which is 70 more occupations than non regional areas

Features of these two new provisional subclasses

  1. both commence 1 November 2019
  2. priority processing 
  3. access to additional skilled occupations 
  4. five year validity
  5. three years living and working in regional area to be eligible for PR

*applications lodged prior to the commencement date will continue to be processed as usual

Permanent Residence (Skilled Regional) Visa

  1. commences November 2022
  2. three years living and working in a regional area
  3. must have held either a Skilled Work Regional (Provisional) or Skilled Work Regional (Provisional) visa

Temporary Graduate visa – regional 

  1. commences 2021
  2. one extra year – second Temp Graduate visa
  3. maintain ongoing residence in regional area for first Temporary Graduate visa
  4. must have graduates after studying at regional campus

must have graduated with a higher education or post graduate qualification

870 Temporary Parent Sponsored Visa – 5 to 10 years for the parent of an Australian permanent resident or citizen to live in Australia

Temporary Sponsored Visa features

  1. Limited to 15,000 visas per year
  2. Maximum 10 years cumulative stay permitted
  3. Parent not required to depart during validity of the visa
  4. Multiple entries permitted
  5. May be eligible for a second TSPV, however, sponsor must also re-apply to be family sponsor
  6. Must leave Australia for 90 consecutive days before making the second TSPV application, although sponsor can request the applicant be permitted to lodge onshore in specific circumstances
  7. Condition 8103 – ‘no work’ will be applied to the visa

Application charges

  1. Sponsorship – $420
  2. Three year validity visa – $5000, with first instalment $1,000 and second instalment prior to visa grant of $4,000
  3. Five year validity – $10,000, with first instalment $1,000 and second instalment prior to visa grant of $9,000

Family sponsorship framework

The parent sponsor must be:

  1. at least 18 years old
  2. be the biological, adoptive, or step child of the parent, may also include the parent of a deceased spouse or defacto parent
  3. be an Australian citizens, PR or eligible NZ citizen and not be an ineligible sponsor
  4. only sponsor two parents at any one time
  5. have a minimum household taxable income threshold of $83,454.80
  6. have no debts to the Commonwealth or outstanding public health debts
  7. the family sponsor must be approved before the visa application can be lodged under the to be inserted s140AA.

Sponsorship obligations of the parent sponsor

Obligations remain in effect for the life of the visa and beyond in some cases, and include:

  1. iability for any outstanding public health debts incurred by the parent before they depart Australia or are granted a permanent visa.tosupport sponsored parents financially and provide accommodation
  2. to keep and provide records when requested
  3. to notify the Department when certain events occur eg if the sponsor is charge with or convicted of an offence, becomes the subject of an AVO or incurs a debt to the Commonwealth
  4. prior to sponsorship approval, agree to disclose the sponsor’s criminal or family violence history or conviction to the sponsored parent.
  5. agree to sharing of information with other Commonwealth and State and Territory agencies

Other features and requirements

  1. sponsored parent must also have genuine access to funds sufficient to meet the costs and expenses of their intended stay in Australia (NB amount not yet specified)
  2. no balance of family test will be applied
  3. no sponsorship bond will be required
  4. sponsored parents will be required to maintain adequate health insurance for the duration of their stay in Australia
  5. sponsors will be required to pay in full any outstanding public health debts incurred by their parent
  6. the sponsored parent will also be required to disclose any criminal history particularly offences related to family violence
  7. sponsorship or visa refusal will be reviewable – Part 5- reviewable decisions under  s338 of the Migration Act

Not a pathway to permanent residence

To prevent this visa being used as a pathway to permanent residency, Subclass 870 visa holders or previous holders who have not departed Australia, are prevented from applying for the following visas:

  1. Parent – Class AX
  2. Aged Parent – Class BP
  3. Contributory Parent – Class CA
  4. Contributory Aged Parent – Class DG
  5. Contributory Parent (Temporary) – Class UT

This Instrument will commence on 17 April 2019.

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