The visa validity period is 5 years. Conditions will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas (condition 8579) and if employer sponsored, only in the nominated position. Visa holders can move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth.
Holders of the new provisional visas will also be unable to apply for most other skills based visas in Australia unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist. Additionally, similar to current arrangements for the subclass 457 and 482 visa program, holders of the new provisional visas can be negatively impacted by sponsor non-compliance.
The new permanent visa will be:
Subclass 191 Permanent Residence (Skilled Regional):To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 491 or 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements.
The skilled migration points test will change from November 16, 2019. The changes will affect subclass 491 applicants as well as applications for other skilled migration visas that have not been assessed at that time (but only in a way that is beneficial for applicants, by providing additional points). The new points details are:
– 15points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia;
– 10points for a skilled spouse or de facto partner;
– 10points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;
– 5points for a spouse or de facto partner with ‘competent English’;
– 10points for applicants without a spouse or de facto partner.
Additionally, the raking order for invitations will change. The new ranking order will be as follows:
– First – primary applicants with a skilled spouse or de facto partner;
– Equal First – primary applicants without a spouse or de facto partner;
– Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English, but does not have the skills for skilled partner points (age and skills);
– Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal.