Recently, the Department of Home Affairs made several announcements concerning:

• new occupation list, age exemption and skill exemptions for the provisional Skilled Employer Sponsored Regional 494 visas,

• permanent Employer Sponsored 186 and 187 visas, and

• mark for the points test of the General Skilled Migration program.

This article explains the changes and the likely impact on current visa holders or new applicants.

Employer Sponsored Regional 494 Visa

To recap, the Skilled Employer Sponsored Regional Provisional Subclass 494 Visa will take effect on 16 November 2019 replacing the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa.

Those who have not lodged their RSMS 187 visa before this date or who do not fall within the cohort of transitional arrangements, will not be able to apply for the RSMS 187 from 16 November 2019 onwards.

RSMS 187 visa applications that have not be finalised by this date will continue to be assessed and processed under the current criteria.

Until March 2022, the transitional arrangements will cover certain 457 and 482 visa holders who held or had applied for this visa, or associated bridging visa, as of 18 April 2017.

Whilst the RSMS is a permanent visa which is being, the new Skilled Employer Sponsored Regional visa is a provisional visa which can lead to permanent residence after at least 3 years.

Occupation List

As of 16 November 2019, the occupation list for the Skilled Employer Sponsored Regional Provisional 494 visa will take effect, consisting of 216 occupations from the Medium and Long-term Strategic Skills List (MLTSSL) as well as 434 occupations from the Regional Occupation List (ROL).

Click here to find the new 494 occupation list.

Age Exemption

At the time of lodgement, Skilled Employer Sponsored Regional 494 applicants must be under the age of 45 years, unless they are one of the following:

• Academics, researchers, scientists

• Regional medical practitioners

• NZ Special Category 444 visa holders

• NZ Family Relationship 461 visa holders

• Temporary Work Skilled 457 visa holders

• Temporary Skilled Shortage 482 visa holders 

Skills Exemption

A positive skills assessment in the nominated occupation and min. 3 years full-time relevant work experience will be required unless they are one of the following applicants:

• Academics, researchers, scientists

• 444/461 visa holders

Changes to English Language Exemptions for Employer Sponsored 186 Visa

Also announced, was the removal of one of the most commonly used English language exemption requirement.

It will be no longer possible for Employer Sponsored 186 (TRT) applicants to rely on 5 years of full-time study completed in English (secondary level or higher), to be exempt from the English language requirement. From 16 November 2019, all primary Employer Sponsored 186 applicants will be required to either:

1. provide a valid English test from an approved test provider that proves ‘Competent’ English, or

2. be the holder of a valid NZ, UK, Ireland, USA, or Canada passport

This change is now in line with the English language requirements of the Employer Sponsored 186 Direct Entry stream where there has never been an option to seek an exemption based on study completed in the English language.

Those who were relying on this exemption and are eligible to apply now but have not yet done so are urged to act before 16 November 2019.

Interestingly, the study exemption is still available to RSMS 187 (TRT) applicants.

 

Pass Mark for Points Test – General Skilled Migration (GSM)

A new points test will replace the current model in the General Skilled Migration program from 16 November 2019. This will be applied to all undecided Expression of Interest (EOI) applications already lodged in the SkillSelect system prior to 16 November 2019 as well as new applications.

Lodged applications

Those who receive an invitation prior to 16 November 2019, will not be impacted and should continue with lodging their nominated visa within 60 days of receiving an invitation.

Those who have already lodged their nominated visa and waiting an outcome will also be unaffected by this change.

Pass mark

The pass mark will remain at 65 points for all applicants for all new visa applications and undecided visa applications lodged in response to an invitation received on or after 1 July 2018.

For visa applications lodged in response to an invitation received prior to 1 July 2018, the pass mark remains at 60 points.

 

Conclusion

First, those eligible to apply for the Employer Sponsored 186 (TRT) visa now, who are seeking an English language exemption on the basis of having completed 5 years of full-time study delivered in English (secondary level or higher), are urged to lodge their applications before 16 November 2019. This exemption will not be available from this date.

Otherwise, the ongoing introduction and removal of visa categories and tightening of criteria for many means that most Australian visa options and applicants will be impacted.

There may be exemptions in place for the skill, age and English language requirements but, this will depend on a number of factors specific to your circumstances such as the type of visa you hold now, when you obtained that visa and the circumstances that facilitated that application and approval.

Furthermore, where your options for Employer Sponsored 186 or Temporary Skilled Shortage 482 visa have been restricted, you may find the Skilled Employer Sponsored Regional 494 visa provides an alternative opportunity.

With so many changes taking in place in the last couple of years, it can be tricky to get a handle on where you fit in. Let the experts take the confusion out of it for you and contact us to discus your options.