Australian Immigration News – December 2019

Australian Immigration News – December 2019 update

Australian Immigration News- December Updates

There have been many changes in the last few months in Australian immigration. Specifically, the commencement of the regional visas in November and the state requirement updates in December 2019. These changes can be confusing and so we have put them in a comparison table for you to see where each one sits and how it is different from the other visas. Australian Immigration News and Migration Updates by VisaEnvoy Migration Agents and Immigration Lawyers*.

New skilled regional visas comparison table

Two new skilled regional visas have opened to applications on 16 November 2019. These new visas will promote regional migration and replace two existing subclasses:

New	Replaced
Skilled Work Regional (Provisional) visa (subclass 491)	Skilled Regional (Provisional) visa (subclass 489) – first provisional stream
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)	Regional Sponsored Migration Scheme visa (subclass 187) – Direct Entry stream

491 Skilled Regional Visa (Provisional)

	SUBCLASS 482 TEMPORARY SKILLS SHORTAGE VISA	SUBCLASS 494 SKILLED EMPLOYER SPONSORED REGIONAL VISA	SUBCLASS 491 SKILLED WORK REGIONAL (PROVISIONAL) VISA – VICTORIA
Sponsor	SBS for Australia (SBS) or overseas business (OBS) Labour Agreement for Australian business	SBS for Australian business only Labour Agreement for Australian business	By state or territory By an eligible relative (the relative must be a resident in a designated area of Australia)
Position Location	Anywhere in Australia	Regional Australia – anywhere outside Sydney, Melbourne, or Brisbane metropolitan areas.	Regional Australia – anywhere outside Sydney, Melbourne or Brisbane metropolitan areas.
Position Type	Full time	Full time, and likely to exist for at least 5 years	Require a current offer of employment in your nominated occupation and must be for full time work for a period of at least 12 months. The business is active/operating for at least two years in a designated regional area of Victoria.
Occupation Lists	MLTSSL, STSOL, 482 ROL	MLTSSL, 494 ROL	491 occupations list
Labour Market Testing	Required, limited exemptions apply	Required, no exemptions apply	N/A
Salary	Must be market rate, and at least TSMIT $53,900 per annum	Must be market rate as certified by a RCB, and at least TSMIT $53,900 per annum	You or your partner will need to earn for those 3 years (in a regional area) a minimum income each year ($53,900 per annum) , 191 visa requirement.
Nomination Fee	DHA 482 Nomination Fee $330	DHA 494 Nomination Fee $nil	N/A
Skilling Australians Fund	SAF Levy Fee < $10million turnover AUD$1,200 (per year) SAF Levy Fee > $10million turnover AUD$1,800 (per year) Partial refund available in certain circumstances	SAF Levy Fee < $10million turnover AUD$3000 (one off) SAF Levy Fee > $10million turnover AUD$5000 (one off) Partial refund available in certain circumstances	N/A
Age	No age limit for primary applicant	Primary applicant must be under 45 years of age	Under the 45 years of age
English Level	Vocational English (IELTS 5, PTE 36)	Competent English (IELTS 6, PTE 50), dependent applicants must have Functional English or pay a second VAC	Competent English (IELTS 6, PTE 50), dependent applicants must have Functional English or pay a second VAC
Skill Assessment	Only required for specific occupations	Required, with exemptions for Senior Academics and 444/461 NZ visa holders	Required
Work Experience	Two years of full time work experience required	Three years of full time work experience required	Depends on the occupation
Genuine Temporary Entrant	Genuine Temporary Entrant statement required for STSOL occupations	No GTE applies	No GTE applies
Health and Character	Must meet health and character criteria (health waivers available)	Must meet health and character criteria (health waivers available)	Must meet health and character criteria (health waivers available)

Validity Period	2 or 4 years from the date of grant, based on the occupation list used (STSOL/MLTSSL)	5 years from the date of grant	5 years from the date of grant
Government fees (Single applicant)	DHA 482 Visa Application Fee STSOL (primary applicant) $1200 DHA 482 Visa Application Fee MLTSSL (primary applicant) $2645	DHA 494 Visa Application Fee (primary applicant) $4000	$ 4045
Visa Conditions	· Only work for sponsoring employer, in nominated occupation · If employment ceases, have 60 days to find a new employer or depart Australia	· Only work for sponsoring employer, in nominated occupation · If employment ceases, have 90 days to find a new employer or depart Australia	8515 – Must not marry or enter into a de facto relationship before entry 8478 – Notify if your passport or contact details change 8579 – Live, study and work in a designated area 8580 – Provide evidence of your live, study or work address if requested 8581 – Attend an interview if asked by the Department
Visa Conditions		· Notify DHA within 14 days of any change of residential address, email, phone number, passport details and address of employment for all family members · All family members must live, work and study in the designated regional area as defined in the nomination approval · If required in writing by the Minister, provide information such as residential address, address of employer, location of position and address of educational institution within 28 days. · If requested in writing, a 494 holder must attend an interview · Restricted from applying for certain visas within 3 years of grant of the 494

Am I eligible for a TSS 482 visa?

186 ENS visa vs 191 visa
Permanent Residency	SUBCLASS 186 EMPLOYER NOMINATION SCHEME – TRT PATHWAY	SUBCLASS 191 PERMANENT RESIDENCE (SKILLED REGIONAL)
Sponsor	Requires employer sponsorship	Does not require employer sponsorship
Position Location	Anywhere in Australia	Regional Australia – anywhere outside Sydney, Melbourne, or Brisbane metropolitan areas.
Position Type	Full time, and available for at least 2 years from grant	N/A
Occupation Lists	MLTSSL (Unless grandfathering provisions apply)	N/A
Nomination Fee	DHA 186 Nomination Fee $540 (non-regional) DHA 186 Nomination Fee $nil (regional)	N/A
Skilling Australians Fund	SAF Levy Fee < $10million turnover AUD$3000 (one off) SAF Levy Fee > $10million turnover AUD$5000 (one off)	N/A
Age	Primary applicant must be under 45 years of age*	No age limit for primary applicant

English Level	Competent English (IELTS 6, PTE 50) dependent applicants must have Functional English or pay a second VAC	N/A
Work Experience	Applicant must have held a 482 visa for a minimum period of 3* years, and worked for sponsoring employer for at least 3* years in the nominated occupation	Applicant must have held a 494 visa for a minimum period of 3 years, and worked in regional Australia for at least 3 years, with a minimum annual income of $53,900 pa (ATO documents required)
Compliance	N/A	Must have substantially complied with the conditions of the 494 visa (conditions above)
Government fees	DHA 186 Visa Application Fee (primary applicant) $4000	DHA 191 Visa Application Fee (primary applicant) $385
Potential Benefits	– Lower English language level – No skill assessment in most cases – Less work experience required – Faster preparation time – More cost effective for shorter visa validity periods – No RCB involvement – Pathways to other visas – no restrictions on applying from the TSS – Family members can live, work, and study anywhere	– Lower SAF costs for the business – Longer validity – secure employees for longer / more time for applicants to meet PR requirements – Skills have been formally assessed as meeting Australian standards – Better pathway to permanent residency with no employer involvement needed – Applicants entitled to Medicare – Longer occupation list (491 list, 494 list) – No restrictions on Bridging Visa following lodgement – Can swap main applicant at PR stage