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Australian Immigration Subclass 191

The Australian immigration department has introduced a new subclass 191 to bring in more skilled workers. The subclass 191 is a Permanent Residence visa, which will come into effect from 16 November 2022. The holders of subclass 491 and subclass 494 visas are eligible to apply for this visa.

David Coleman, The Minister for Immigration, Citizenship and Multicultural Affairs stated that the new subclass 191 is based on most of the prevailing general requirements for other permanent residence visas. These include health, character, and security requirements.

With reference to the Migration Amendment Regulations 2019, the subclass 191 visa’s eligibility criteria will include the following requirements.

  • The applicant must hold a regional provisional visa while applying for the subclass 191 Australia visa
  • Must have held that visa for not less than three years
  • The income earned shouldn’t be less than the minimum income threshold for at least three years
  • The visa holder has complied with all the conditions and regulations of his/her regional provisional visa

The reason behind the delay in commencement of the subclass 191 visa relates to the fulfillment of the requirement of holding a regional provisional visa for at least three years. Since the holder of a regional provisional visa can’t meet the eligibility criteria before 16 November 2022, there is no point in the commencing of the Australian immigration subclass 191 Visa.

Advantages of Australian Immigration

Australia boasts a diverse culture and heritage. The country has been displaying consistent and strong economic growth for the past few decades. Hence, it has turned out to be an ideal place for the immigrants to settle in this land of opportunities and lead a prosperous life.

Australia takes immense pleasure while welcoming skilled workers throughout the globe. Moreover, the country encourages immigrants to settle there and contribute to its economic growth. As a result, the immigrants will enjoy the abundance of benefits and premium standard of living.

Below are the most prominent advantages of Australian Immigration.

  1. The flexibility of Immigration Rules

When it comes to the immigration rules, Australia is famous for the flexibility of such rules. The requirements of the immigration programs are simple and effective. Meaning thereby, there aren’t any unexplained restriction on the applicants.

Here you can enjoy unrestricted work rights as skilled workers. Besides, the immigrants living in Australia under temporary visas can also seek permanent residence once they are eligible.

  1. Unsurpassable Employment Opportunities

The economy of this continent is strong and still growing with the passage of each day. Hence, the prospects of employment are also at a higher side. There is a wide range of opportunities for skilled as well as non-skilled workers. Even the benefits available to skilled workers are extended to their spouses and partners.

  1. High Standard of Education

Australia is known for its high education standards. The continent owns some of the best schools and universities, which offer world-class education by any standard.  The education system of the continent is a perfect example of how a country must maintain the education system.

  1. Beauty Beyond Imagination

Australia is a land full of natural beauty, which continues to amaze its inhabitants. There is a diverse range of flora & fauna, which are indigenous to the soils of Australia and are not found anywhere else. Although the climate stays warm around the year, it still makes it a perfect location for carrying out outdoor activities.

Major Changes to Expect After Commencement of Subclass 191

The Australia 191 subclass will supersede the subclass 489 visa of a skilled regional immigration category. The time requirement to live and work in regional Australia will increase from two years to three years. Similarly, the visa validity period will also increase from four years to five years.

There will be a proposed increase in the number of eligible occupations. Besides, applications under this visa category will receive priority processing. The changes regarding point test will be as under:

  • The current 5 points for Specialist Educational qualifications will increase to 10 points
  • Similarly, 5 points linked with having a skilled de facto partner or spouse will increase to 10 points
  • 10 points for those applicants who have a spouse or de facto partner, who is Permanent resident or an Australian citizen
  • 5 points for those applicants who have a spouse or de facto partner with competent English language skills
  • The applicants nominated by a Territory government or state or those who have been sponsored by a family member will receive 15 points. Previously such applicant would get 10 points.

In those circumstances where all points are equal except the partner qualifications, the ranking of all the invitations will be done in the following order.

First—Applicants with a skilled de facto partner or spouse.

Equal First—Applicants with no de facto partner or spouse.

Second—Applicants with a de facto partner or spouse who owns required English language skills but doesn’t have the skills to seek the points for the skilled partner.

Third—Applicants with a de facto partner or a spouse, who is not eligible for either Skilled partner or English competency points.

Whether the Criteria will remain the same

As far as the nomination is concerned, the applicants will still be seeking nominations by a Territory government, State or through sponsorship by an eligible family member who is currently residing in regional Australia.

The applicants will also need to fulfill the age, English language, character, skills assessment, health, and overall points test requirements.

The amendments mentioned in schedules 1 and 2 of the Migration Amendment (New Skilled Regional Visas) Regulations 2019 will commence on 16 November 2019. The amendments in Schedule 3 of such regulations will commence on 16 November 2022.

The regulations will operate on a prospective basis, except those changes associated with the points test that relates to the existing applications. However, these amendments will be beneficial for the new applicants in a way that these will offer additional points.

With this in mind, the amendments won’t apply to those applications that are under process and haven’t reached a decision when the regulations commence. In addition, the regulations may authorize the refunds of the nomination training contributions in some cases.

Subclass 489 – Skilled – Regional (Provisional)

The subclass 489 – skilled visas will not be available for the applicants from 16 November 2019. The new Subclass 491-skilled visa will replace the subclass 489. In addition to this, the permanent Subclass 187 visa will also be not available for the applicants from 16 November 2019.

Furthermore, the Australian immigration subclass 191-Permanent Residence (Skilled Regional) visa will be available from 16 November 2022 for either of the 494 or 491 visa holders.

Subclass 489 Visa

The subclass 489 relates to the Skilled – Nominated, which is a state or territory sponsored visa. This particular subclass is for those skilled people, who are willing to live and work in the low population growth or regional areas in Australia.

In order to be eligible for this visa, you must score at least 60 points on the Points Test.

How to Apply for Subclass 489

With a view to filing a valid application, the applicant needs to lodge an Expression of Interest (EOI) through the ‘SkillSelect’ procedure. It is possible to submit the EOI while residing outside Australia.

After securing sponsorship from an eligible relative and meeting the basic requirements, you may receive an Invitation-To-Apply (ITA).

Following are the requirements to apply for this visa.

  • Must have received an Invitation To Apply
  • Less than 45 years of age at the time of application
  • Must nominate an occupation, which matches your qualifications and skills
  • Must have assessed your skills through the relevant assessing authority
  • Passed the English language competency
  • Must have obtained at least 60 points on the Points Test
  • Fulfill the character and health requirements

Shifting from a Provisional Visa to Permanent Residents

It is possible to seek permanent residence after living in Australia for a designated period under a provisional visa. The holders of Skilled – Nominated (Provisional) (subclass 489) visa should reside and work in a metropolitan area with low population growth. Following are the eligibility requirements for a permanent visa.

  • The applicant must have been living in regional Australia for not less than two years
  • Must have been employed for at least 12 months the designated region

Major Features of Subclass 489 Visa

Most of the features and eligibility criteria for 489 Visa will continue with the new subclass 191 Australia. Some of these include:

  • The applicants in Australia must have either a bridging visa or substantive visa
  • The visa will still be subject to the GSM points test
  • The invited applicants must have to apply for this visa within a given time frame
  • The applicant must score a minimum of 65 points
  • Applicants will have to nominate a relevant skilled occupation

When it comes to sponsors, the State, Territory or applicant’s relative who is either an Australian permanent resident or an Australian citizen can sponsor an applicant.  Similarly, eligible New Zealand citizen or those applicants with a spouse or de facto partner are eligible to apply for subclass 489.

The relatives sponsoring the applicants must have been living in a designated regional area. Moreover, the applicants should declare their intention to live, study and work within a designated regional area.

GSM Points Test Changes

By taking a look at the Federal Budget, one can analyze the changes made to the GSM points test. These changes will be effective on 16 November 2019.

The amendments include:

  • The 5 points previously available for studying in a regional area will be now available for those applicants who have not only studying in a designated regional area but they must have also lived in a designated area.

This suggests that the location of the campus educational institute should be in a designated regional area and the study wasn’t undertaken via distance learning.

  • The points for the skilled spouse or de facto partner will increase from 5 to 10. In order to obtain these points, the applicants without a skilled partner or spouse must have a partner who is an Australian citizen or permanent resident.
  • Five points are for those partners or spouses of the applicants who are applying for the same visa and are not the permanent residents or citizens of Australia. Must have passed English competency test at the time of invitation.

Who will be eligible for the new Subclass 191 visa?

The requirements for the new regional visas are out there with two current visas closing and two new regional provisional visas commencing on 16 November 2022.

The requirements associated with the State or Territory nomination are likely to remain the same as we have discussed in the subclass 489 visa. However, if there will be some changes, these will be related to the eligibility criteria.

Only the holders fr new subclass 494 and subclass 491 visa are eligible to apply for the new subclass 191 visa. Besides, the migrants will be capable of applying to this visa category, if they have reached the minimum income threshold for three years while holding a regional provisional visa

The eligibility requirements for Australian immigration subclass 191 as defined by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 are as under.

  • The applicant must hold a regional provisional visa at the time of applying for the Subclass 191 visa
  • It is necessary to hold this visa for at least three years
  • Must have earned the minimum required income during the period of at least three years while holding a regional provisional visa
  • Must have complied with all the regulations and conditions of the such a visa

Conclusion

As whole the commencement of the new Subclass 191 is likely to increase opportunities for skilled migrants, especially for those applying for regional Australia. The new Australia 191 Subclass will make immigration to regional Australia more attractive.

This subclass will be an ideal option for those who are willing to reside in Queensland and Regional Western Australia. Besides, South Australia will still be an attractive option for the immigrants due to its generous State or Territory occupation lists.

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Address: Office 2A, 3rd Floor, Al-Malik Centre,
Near Savour Foods, Jinnah Avenue,
Blue Area, Islamabad, Pakistan
Phone: 051 8439995
Address: Office 61, Ali Street, Opposite Barkat Market, Behind Total Fuel Station, New Garden Town, Lahore, Pakistan
Phone: 042 35911332