Further Regulations released for the new regional sponsored visas to commence from 16 November 2019
The Government has released regulations addressing several important aspects of the new regional sponsored visas which were to be confirmed. These are discussed below.
Skilled Occupation Lists and Skill assessing bodies
Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
Occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) and Regional Occupation List (ROL) will be eligible for nomination for the Subclass 494 visa. In total, there are 650 occupations listed (216 on the MLTSSL and 434 on the ROL). Prescribed skill assessing bodies have also been confirmed for each skilled occupation.
For the occupations of general practitioner, resident medical officer and medical practitioners (nec), a health workforce certificate which complies with regulatory requirements is also required to be eligible for nomination for a subclass 494 visa.
Subclass 491 Skilled Work Regional (Provisional) visa
Occupations listed on the MLTSSL will be eligible for nomination for the Subclass 491 visa under the family sponsored stream. Occupations listed on the MLTSSL, Short‑term Skilled Occupation List (STSOL) and ROL will be eligible for nomination for the Subclass 491 visa under the state sponsored stream. Prescribed skill assessing bodies have also been confirmed for each skilled occupation.
Exemptions
Age exemptions
Subclass 494 visa applicants will not be required to be under 45 years of age if they are:
- academic applicants;
- regional medical practitioner applicants;
- science applicants;
- Subclass 444/461 workers; or
- Subclass 457/482 workers.
A subclass 457/482 worker is defined as a person who meets the following requirements:
- at all times during the 3 years immediately before the visa application was made, the person was employed:
- by the nominating employer; and
- in the nominated occupation to which the visa application relates;
- for each of those 3 years, the person’s earnings for the year were equal to or greater than the high income threshold (as applying at the end of the year);
- at almost all times during those 3 years, the person held:
- a Subclass 457 (Temporary Work (Skilled)) visa; or
- a Subclass 482 (Temporary Skill Shortage) visa.
Additionally, a person is not working for an employer at a specified time if they are on unpaid leave at that time.
Skills and Employment History exemptions
Subclass 494 visa applicants will be exempt from skills assessment requirements if they are:
- academic applicants; or
- 444/461 workers.
Subclass 494 visa applicants will be exempt from having to be employed in their nominated occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation if they are:
- academic applicants; or
- 444/461 workers.
Direct employer
Occupations which are exempt from working directly for the business of the Standard Business Sponsor (SBS) or an associated entity have been prescribed and are consistent with the occupations for the TSS visa – primarily medical practitioners and MD/CEO. This means a 494 visa holder is permitted to work for more than one employer or and to work as an independent contractor if they are nominated in a specified occupation for the purpose. These exemptions also ensure that the sponsoring employer will not breach their obligation if the visa holder is engaged as an independent contractor rather than as an employee in one of the specified occupations.
Migration points test
The minimum points score required to validly submit an Expression of Interest (EOI) for a subclass 491, Subclass 189 Skilled (Independent) and Subclass 190 Skilled (Nominated) visa will remain at 65 points.
English language classes
Holders of the Subclass 491 and Subclass 494 visas who do not have functional English will be eligible for up to 510 hours of tuition in approved English courses through the Australian Government Adult Migrant English Program (AMEP).
Further information
For further detailed information about the new regional sponsored visas, please refer to our articles on the New Skilled Regional Visas to be introduced and Skilled Regional Sponsored Visa.
