16 November 2019 changes & Skilled Work Regional (Provisional) visa (subclass 491)

Skilled Work Regional (Provisional) visa (subclass 491)

On 16 November 2019, the new Skilled Work Regional (Provisional) visa (subclass 491) commenced.

This visa is for skilled workers who want to live and work in regional Australia and is valid for five years.

People who are granted a subclass 491 visa may be able to apply for a Permanent Residence (Skilled Regional) visa (subclass 191) once certain requirements are met.

 

Intending migrants can now submit an Expression of Interest (EOI) for the new subclass 491 visa.

 

Points test changes

 

On 16 November 2019, changes were made to the points test for General Skilled Migration (GSM) visas. These changes apply to all GSM visa applications which have not been assessed under the GSM points test prior to 16 November 2019.

 

Changes to Partner points

 

Intending migrants:

 who do not have a spouse or de facto partner are eligible to claim 10 points

 with a spouse or de facto partner who is an Australian citizen or Australian permanent resident are eligible to claim 10 points

 with a skilled spouse or de facto partner who:

o will be included in the visa application for the same subclass of visa as the intending migrant;

o is not an Australian citizen or Australian permanent resident;

o is under 45 years of age;

o has nominated a skilled occupation;

o has a suitable skills assessment by the relevant assessing authority for the nominated occupation and the assessment was not for a Temporary Graduate (subclass 485) visa; and

o has at least ‘Competent English’

 

are eligible to claim 10 points (increased from 5 points)

 

 with a spouse or de facto partner who has ‘Competent English’, who is not an Australian citizen or Australian permanent resident and who will be included in the visa application for the same visa subclass as the intending migrant, are eligible to claim 5 points.

 

Other changes to the points test from 16 November 2019

 

Intending migrants:

 

 who claim a specialist education qualification are eligible to claim 10 points (increased from 5 points)

 who seek visa subclass 491 nomination from a State or Territory government agency or are sponsored by an eligible family member can claim 15 points (previously 10 points).

 

More information on the points test is available at: subclass 491 – points-table

 

New Regional Postcodes

On 16 November 2019, the Designated Regional Area instrument commenced. The instrument specifies postcodes eligible for points in Regional Study or subclass 491 nomination by a State or Territory government or sponsorship by an eligible family member.

More information is available at: eligible regional areas

 

Regional Study

Intending migrants who had an EOI in ‘submitted’ status prior to 16 November 2019, may now be eligible for regional study points because areas regarded as regional have expanded as a result of the new Designated Regional Area definition.

 

EOIs submitted before 16 November 2019

SkillSelect will automatically update EOIs in ‘submitted’ status to attribute any additional points, where required information was held in SkillSelect before 16 November 2019.

This includes cases where an intending migrant indicated in their EOI, they do not have a spouse or de facto partner; or their spouse or de facto partner is an Australian citizen or Australian permanent resident. The date of effect* will not change where points are automatically updated.

Points will also automatically update when claiming skilled partner points and/or a specialist educational qualification. The date of effect will not change.

 

Updating an EOI on or after 16 November 2019

Where an EOI was submitted before 16 November 2019 and information was not held in SkillSelect at that time, an intending migrant can choose to update their EOI to claim any additional points (as applicable). The date of effect will change in these cases.

 

This includes situations where an intending migrant wants to claim points for a spouse or de facto partner with ‘Competent English’ only. In this circumstance, an intending migrant can now update their EOI to answer questions on their partner’s English language ability. Where additional points are claimed, the date of effect will change.

Where an intending migrant chooses to update their EOI to claim points for regional study, because they are now eligible, the EOI date of effect will also change. However, if they had submitted an EOI prior to

16 November 2019 and had already claimed points for regional study, the EOI date of effect will not change.

 

EOIs in ‘suspended’ status

EOIs which had a ‘suspended’ status on 16 November 2019, will not have any points automatically attributed or updated.

Intending migrants can update EOIs with a ‘suspended’ status and may be required to answer new questions as a result of changes to the points test. If their points score changes, their EOI date of effect will change.

 

EOIs in ‘draft’ status

From 16 November 2019, intending migrants with an EOI with a ‘draft’ status can update their EOI in SkillSelect. They may be required to answer additional questions as a result of changes to the points test.

Adding subclass 491 to an existing EOI

From 16 November 2019, intending migrants can add subclass 491 to a submitted EOI. The date of effect for the subclass 491 will be the date it is added. Where this is the only change, the date of effect for previously selected subclasses will not change.

If an intending migrant updates their EOI and this changes their indicative points test score, the date of effect will change for the relevant visa subclass/es.

 

* Date of effect is the date and time the intending migrant submitted their EOI for the relevant visa subclass.

 

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