Skilled Visa eNews – November 2019

New Migration Program New Regional Postcodes

On 26 October 2019 the Hon. David Coleman MP,
Planning Levels Minister for Immigration, Citizenship, Migrant
Services and Multicultural Affairs announced a
On 26 October 2019 the Minister for Immigration,
change to the definition of regional Australia.
Citizenship, Migrant Services and Multicultural
Affairs announced a change to the regional Specific postcodes can be found in Migration (LIN
migration planning levels with an increase from 19/217: Regional Areas) Instrument 2019.
23,000 places to 25,000 places in 2019-20. All applicants from outside Sydney, Melbourne and
More information can be found at: migration program Brisbane will be able to access regional points, for
planning levels State and Territory Nomination and Family
Sponsorship and for regional study purposes. The
New skilled regional table below highlights the regional areas.

visas Table 1: Definition of Regional Areas in Australia

Definition Locations Regional incentives
The new Skilled Employer Sponsored Regional Major Sydney NA
(Provisional) visa (subclass 494) and Skilled Work Cities Melbourne
Regional (Provisional) visa (subclass 491) Brisbane
commence on 16 November 2019. Cities Perth; Access to the dedicated
and Adelaide; 25,000 regional places.
Procedural Instructions (PIs) have been developed major Gold Coast; Priority processing on
to provide policy advice, and guidance on processes regional Sunshine regional visas.
associated with these new visa arrangements, centres Coast;
Canberra; Access to Regional
including: Newcastle; / Occupations Lists – more
Lake jobs compared to non-
 Skilled Employer Sponsored Regional regional lists.
Macquarie;
(Provisional) visa (subclass 494) – nominations Wollongong / International students
Illawarra; studying at regional
 Skilled Employer Sponsored Regional Geelong; universities will be eligible
(Provisional) visa (subclass 494) – visa Hobart to access an additional
applications year in Australia on a
post-study work visa.
 Skilled Work Regional (Provisional) visa Regional All other Access to the dedicated
(subclass 491) – visa applications centres locations 25,000 regional places.
and other Priority processing on
 Visa Condition 8608 – Approved Work Only regional regional visas.
areas
 Regional conditions – subclass 491 and 494 Access to Regional
Occupations Lists – more
 Schedule 6D jobs compared to non-
regional lists.
These PIs will all be available on Legend from
International students
16 November 2019. studying at regional
The new regional visas will receive priority universities will be eligible
to access an additional 2
processing for complete applications. Applicants are years in Australia on a
strongly encouraged to front-end load medicals and post-study work visa.
to ensure that National Police Clearances for all Priority in negotiating
relevant countries are lodged with their applications. region-specific
Designated Area
Migration
Permanent Residence (Skilled International school fees for
Regional) visa (subclass 191) children of new skilled regional
Regulations for the Permanent Residence (Skilled visa holders
Regional) visa (subclass 191) do not commence
until 16 November 2022. It will be up to each state / territory government
whether international fees must be paid for the
A PI will be developed for this visa in due course. A children at primary and high school of holders of the
legislative instrument will be registered before the new skilled regional visas.
end of 2019 detailing the minimum taxable income
that a subclass 491 or 494 visa holder will need to
ImmiAccount
be eligible to be granted a subclass 191 visa.
Changes have been made to the ImmiAccount ‘New
Visa application charges (VAC) for application’ menu to cater for the new skilled regional
visas.
both skilled regional visas
 Standard business sponsorship and renewals
The first instalment VACs were indexed on 1 July have been removed from the TSS section and
2019: are now located in their own category
 Base application charge: $4,045
 Additional applicant charge (18+): $2,025  A new Skilled Regional category has been
 Additional applicant charge (<18): $1,010 created and includes subclass 489 renewal and
sub entrant forms as well as the new 494 forms.

Biometrics
Applicants for the new skilled regional visas may be
required to provide biometrics as part of their
application. More information can be found at:
meeting-our-requirements/biometrics

New skilled regional visa

secondary holders
A secondary holder of a new skilled regional visa can
live, work and study in a different regional area to the
primary visa holder so long as they are still in a
designated regional area.

Medicare eligibility for new skilled

regional visa holders
Supporting legislation for the new skilled regional
visas provides that holders of these visas will be
eligible for Medicare.

Onshore Bridging Visa A (BVA)

work rights. Further detail on 491
Work rights will automatically be attached to BVAs and related visas
granted to onshore applicants for either of the new
regional visas. Definition of designated regional
area
The definition of designated regional area may
change over time (see Table 2 below). In this
circumstance, a designated regional area is defined
at the time of the points assessment, for points
tested visas (subclass 491, 189 and 190).
Skilled Visa eNews – November 2019 | 2
  10 points for a skilled spouse or de facto
Table 2: New Regional Australia definition
partner;
applied to subclass 489 holders
 10 points for certain Science, Technology,
Condition Granted prior to 16 Granted on or Engineering and Mathematics (STEM)
imposed on November 2019 after qualifications;
the s/c 489 16 November
2019  5 points for a spouse or de facto partner with
‘competent English’;
Nominated Definition in place Definition in
by a State at time of grant – place on 16  10 points for applicants without a spouse or de
and Territory Definition of November 2019 facto partner;
government Regional & Low – Migration (LIN
SkillSelect will automatically update EOIs in
agency Population Growth 19/217:
‘Submitted’ status to attribute any additional points,
Metropolitan Regional Areas)
Visa where the information was held in SkillSelect prior to
Areas in Instrument 2019
condition 16 November 2019.
Instrument: IMMI
8539
12/015
There are two sections of SkillSelect that intending
See: Skilled migrants who have submitted an EOI will need to
regional amend in order to claim additional points. These are
provisional 489 - if: they now wish to claim regional study points, due
regional- to the change in definition of Designated Regional
postcodes
Australia and/or if they wish to claim points for having
a spouse of de facto partner with ‘competent
Sponsored Definition of Designated Area as
by an eligible
English’. It should be noted that if these are changed
specified in: Instrument: IMMI 16/044
relative – Designated Areas in the EOI this will change the ‘date of effect’ for this
EOI.
Visa See: Skilled regional provisional 489 -
condition designated areas of Australia A tip sheet will be sent out shortly to show how these
8549 points will be attributed.

New 491 EOIs needed for Partner Points

unfinalised subclass 489 EOIs To be eligible for partner points, applicants must
satisfy skills assessment and/or English language
A reminder that intending migrants who wish to be requirements at time of invitation.
considered for a nomination/invitation for the Skilled
In assessing whether
Work Regional visa will need to lodge a new Skilled
Work Regional Expression of Interest (EOI) in  an applicant is single or has a spouse (as
SkillSelect, regardless of whether they had a defined in section 5F of the Migration Act 1958)
Subclass 489 EOI. All Subclass 489 EOIs have or a de facto partner (as defined in section 5CB
been closed. Intending migrants are encouraged to of the Migration Act); and
lodge a new Skilled Work Regional EOI ASAP after
16 November 2019.  the citizenship or permanent residence status of
any partner
the relevant time of the relationship status is the date
of the points test assessment by the decision maker.
New Schedule 6D points It is important to note that this means that if the
applicant’s relationship status or the residence
New Schedule 6D points come into effect on
status of their partner changes after the date of
16 November 2019 for all undecided applications
invitation or the date of application, the award of
and EOIs in SkillSelect.
partner points may also change.
The new points are as follows:
During the processing of any visa application any
 15 points for nomination by a State or Territory inconsistent information regarding the marital/de
government agency or sponsorship by a family facto relationship status of the applicant will be
member residing in regional Australia, to live and closely scrutinised. The applicant will be provided
work in regional Australia; the opportunity to comment and if there has been a
change in relationship status, evidence should be
provided to support this change. This will ensure
Skilled Visa eNews – November 2019 | 3
applicants who are married or in a de facto  performing tasks of a registered nurse that are
relationship are not able to be awarded points on the not listed for their nominated occupation
basis of claiming to be without a spouse or de facto (specialisation); or
partner.
 performing higher duties.
SkillSelect Sponsors must keep records of such changes to
A reminder that the Department undertakes regular ensure that appropriate information can be provided
audits of SkillSelect. EOIs created without clear to the Department to demonstrate compliance with
identity information, including name and date of birth sponsorship obligations.
details, will be removed from SkillSelect on a regular A new nomination and visa application will be
basis. required if a nurse receives a permanent or long-
term promotion to an occupation different to that for
Professional Year – closely related which they are nominated.
occupations
Policy has been updated to provide clarity regarding Regional Certifying Bodies to
closely related occupations in the Professional Year provide advice on 494 Employer
(PY).
Sponsored stream nominations
If a PY provider has enrolled an applicant in a PY,
All 494 nominations in the Employer Sponsored
the Department will be satisfied that their occupation
stream will need advice from an RCB. It is important
has been assessed by that provider as being a
to confirm the relevant RCB for the nomination, as
closely related occupation and no further
not all RCBs for the 494 program are RCBs for the
assessment will be required. The Department will
RSMS program.
verify completion of any PY course.
It should be noted Ballarat City Council is no longer
performing the RCB function for either program.

Further detail on 494 A link to the RCB instrument can be found at:
Migration (LIN 19/267: Regional Certifying Bodies
and related visas and Regional Postcodes) Amendment Instrument
2019
Subclass 494 visa holders
Annual Market Salary Rate
changing occupations
arrangements
If a primary 494 visa holder wishes to engage in work
The Annual Market Salary Rate for the 494 program
in a different occupation, their current or proposed
includes guaranteed overtime, penalty rates and
sponsor must lodge a new nomination and the visa
annualised rates as per Temporary Skill Shortage
holder must lodge a new visa application on the
nominations. The same definition of ‘earnings’ in
basis of the nomination. The 494 visa holder cannot
regulation 2.57A applies to 494 nominations.
work in the new occupation until the new visa is
granted. Advice from the relevant RCB on the Annual Market
Salary Rate will be taken into consideration when the
The Department’s approach to monitoring
assessment against that requirement is made. If the
compliance with the condition will make some
RCB advice is negative, the applicant will be given
allowance for temporary short-term work in a
the opportunity to comment before a decision is
different occupation. As a guideline, the change of
made.
occupation should not exceed 60 consecutive days
and should not occur on a regular basis. For other Labour Market Testing
cases, the onus is on the employer and 494 holder
to obtain a new nomination and new visa. arrangements
Registered nurses, whether in a public hospital, While there are no exemptions from the Labour
private hospital or private medical practice, may Market Testing (LMT) requirement for the employer
perform a range of duties in relation to their sponsored stream 494 nominations (no occupations
nominated occupation. The Department will adopt a are currently specified under the LMT exempt
flexible approach in relation to this occupation in occupations instrument), flexible evidence
situations where nurses are temporarily: arrangements still apply for select occupations and
positions.

Skilled Visa eNews – November 2019 | 4

There are no international trade obligations that Transitional arrangements do not apply to a
apply to the 494 visa program. Australia’s secondary TSS holder, whose partner held a
international trade obligations are discharged via the TSS visa in a MLTSSL occupation and later gets a
standard TSS visa program. TSS in their own right in a MTSSL occupation.
The definition of “transitional 482 worker” refers to a
Remote working arrangements subclass 482 visa in the Medium-term stream. Only
primary visa holders hold a visa in a ‘stream’.
In certain circumstances, arrangements for remote
work under the 494 program may satisfy the
RSMS transitional arrangements
requirement for the position to be based in a regional
area. Circumstances may include the scenario No new RSMS Direct Entry (DE) nominations or visa
where full-time remote work arrangements are applications can be lodged from 16 November 2019.
common for positions in the nominated occupation in
RSMS TRT nominations or visa applications will only
the sponsor’s business and the arrangement is
be able to be lodged if the nominee is either:
reflected in the nominee’s employment contract.
 a transitional 457 worker, or
English language arrangements  a transitional 482 worker
Applicants for the Employer Sponsored stream of No end date has been specified for these transitional
the 494 visa at the time of application must have provisions.
Competent English.
RSMS nominations lodged before 16 November
A second VAC will apply to all secondary applicants 2019 are taken to be withdrawn on
aged 18 and over who do not have Functional 16 November 2019 where the:
English.
 nomination has not been approved or refused
Please note: for applications lodged on or after before 16 November 2019, and
16 November 2019, all primary applicants for an
Employer Nomination Scheme visa (subclass 186)  the nominee is not a transitional 457 worker or a
visa, in the Temporary Residence Transition (TRT) transitional 482 worker, and
stream, will need to demonstrate Competent  the nominee has not lodged a 187 visa
English. application before 16 November 2019.
The Department will identify affected nominations
Transitional 482 and 457 worker and refund the SAF without a written request.
definitions Agents are asked not to contact the Department in
relation to such nominations in coming weeks to
Legislation for the new regional visas defines
enable our officers to complete this exercise.
“transitional 482 worker” as a person who on
20 March 2019 either held a TSS visa (subclass 482) Written refund requests will still need to be made in
in the Medium-term stream, or was an applicant for relation to other transitional provisions.
a TSS visa in the Medium-term stream that was
subsequently granted.
The cut-off date of 20 March 2019 for “transitional
482 workers” was the date the Australian
Government made the announcement regarding the
closure of the Regional Sponsored Migration
Scheme (RSMS) visa (subclass 187) and the
introduction of 494 visa.
The definition of a transitional 457 worker has been
recently amended for the purposes of a nomination
or visa application made for the RSMS under the
TRT stream. It has been changed to:
 “Transitional 457 worker means a person who
held a Subclass 457 (Temporary Work (Skilled))
visa at any time occurring on or after
18 April 2017”.

Skilled Visa eNews – November 2019 | 5

The following table outlines some common From 16 November 2019, the 494 visa will also be
scenarios: available for businesses seeking a Company
Specific Labour Agreement. Approval of the 494
I have… I can…
visa under a Company Specific Labour Agreement
will be considered on a case-by-case basis along
with any specifically requested terms or
concessions. The TSS and ENS visas will also
an existing SBS nominate overseas continue to be available for Company Specific
sponsorship workers under the TSS Labour Agreements.
program or the new 494
program For businesses that have lodged a Meat, Pork, Dairy
or Company Specific Labour Agreement request
an approved RSMS DE not lodge an RSMS DE before 16 November 2019, these requests will be
nomination but a visa visa application assessed on the basis that only the TSS and ENS
application has not been visas are available.
request the SAF levy be
lodged
refunded as my
On-line labour agreement request forms will be
nomination cannot be
used
available in IMMI Account to include the 494 visa as
an option from 16 November.
an approved RSMS TRT not lodge an RSMS Businesses that currently hold a Meat, Dairy, Pork or
nomination but a visa TRT visa application Company Specific Labour Agreement will not be
application has not been
request the SAF levy be impacted by these changes and will be able to
lodged, and my nominee
is not a transitional 457 or
refunded as my continue to sponsor overseas workers under the
nomination cannot be existing terms of their agreement. It will be open to
482 worker
used these businesses, however, to request a variation to
their existing agreements should they wish to access
an approved RSMS TRT lodge an RSMS TRT the 494 visa. Requests to vary existing labour
nomination but a visa visa application
agreements must be emailed to:
application has not been
lodged, and my nominee [email protected]
is a transitional 457 or 482 There will be no changes to the On-hire, Ministers of
worker Religion, Fishing, Restaurant (Fine Dinning) and
Advertising industry Labour Agreements. There will
an RSMS nomination (DE request the SAF levy be
also not be any changes to Global Talent Employer
or TRT) that hasn’t been refunded as my
approved or refused, a nomination is deemed
Sponsored agreement settings. The 494 visa will not
visa application has not to be withdrawn initially be available under these agreement types.
been lodged, and my In terms of Designated Area Migration Agreement
nominee is not a
(DAMA) Labour Agreement arrangements, the
transitional 457 or 482
worker
inclusion of the 494 visa for the seven approved
DAMA regions will be considered as part of the next
annual review process for each head agreement,
and as part of negotiations for any new regions
Changes to Labour Agreement seeking a DAMA.
Settings Labour agreement guidance and support information
will be updated in coming weeks to reflect these
From 16 November 2019, the 494 visa will be changes.
available for businesses requesting a Meat, Dairy or
Pork industry Labour Agreement. The Temporary All labour agreement enquires can be emailed to:
Skill Shortage (TSS) and Employer Nomination [email protected]
Scheme (ENS) visas will, however, continue to be
available under these three templates. Existing Penal clearance certificates –
salary, skills, English proficiency and age
concessions currently available under these labour
validity issues
agreements for the TSS and ENS visas will be There has been some confusion in relation the police
extended to the 494 visa where approved by the certificate validity requirements. These are as
Department. follows:

Skilled Visa eNews – November 2019 | 6

 For visa assessment purposes, all police Blockchain Strategist definition:
certificates issued are considered valid for
 Provide guidelines for autonomous decision
12 months from the date of issue, irrespective of
making within the organisation, and in the
the period specified by the issuing country.
context of applying blockchain technologies. It
 If the applicant returns to the country that issued is the disruptive nature of Blockchain
the police certificate during the certificate’s technologies that requires the Blockchain
validity, it will generally not affect the validity. Strategist to have specialist skills.

 Where an overseas police certificate has expired  Blockchain Strategists will generally have an
and the applicant has returned to the country Advanced Diploma of Applied Blockchain.
that issued the certificate for more than two
ANZSCO codes for Blockchain Planner /
months in total (as a cumulative period) since
Manager
the certificate expired, a new certificate will need
to be provided. The Australian Bureau of Statistics has advised the
new and emerging occupation of Blockchain Planner
 Where a certificate has expired and the / Manager should use the code 135112 ICT Project
applicant has NOT returned to the country that Manager.
issued the certificate, a new certificate is not
required.
Blockchain Planner / Manager definition:
 Involved in developing the plans that will
ANZSCO codes for implement the strategic direction of the
Blockchain Business Model, and deliver the
Blockchain Strategist planned flow of value. The Blockchain Planner /
Manager will develop plans that inform how the
and Blockchain Blockchain Strategy will be implemented.

Planner/Manager  Blockchain Strategists will generally have a

Diploma of Applied Blockchain.
The Australian Bureau of Statistics has advised the
new and emerging occupation of Blockchain
Strategist should use the code 261111 ICT Business
Analyst.

Skilled Visa eNews – November 2019 | 7

Legislative instruments – skilled visas
A number of legislative instruments will commence on 16 November 2019 following the commencement of the
Migration Amendment (New Skilled Regional Visas) Regulations 2019:
Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019
Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019
Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019
Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019
Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications)
Instrument 2019
Migration (Specification of Occupations and Assessing Authorities) Amendment (LIN 19/243: Subclass 491
Visas) Instrument 2019
Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019
Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187
and 494 Visas) Instrument 2019
Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019
Immigration (Education) (LIN 19/218: Temporary visa classes for eligibility for English Courses) Instrument
2019
Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019
Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019
Migration (LIN 19/217: Regional Areas) Instrument 2019
Migration (LIN 19/267: Regional Certifying Bodies and Regional Postcodes) Amendment Instrument 2019
Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual
Market Salary Rate) Amendment Instrument 2019
Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa
Applications) Instrument 2019
Migration (LIN 19/268: Period, Manner and Evidence of Labour Market Testing) Amendment Instrument 2019
Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas)
Instrument 2019

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