Migration Legislation Amendment (Hong Kong) Regulations 2021 dated 28 October 2021, amend the Migration Regulations 1994 (the Migration Regulations) and the Migration Amendment (New Skilled Visas) Regulations 2019 to implement the extended visa arrangements for BNO passport holders and the permanent residence pathways for both Hong Kong and BNO passport holders.
The schedule 1 of the instrument extends previously granted temporary skilled visas and temporary graduate visas (Subclasses 457,482, 485), and provides for future grants of those visas to be for five years if the primary visa holder held a BNO passport when the visa was granted. Schedule 1 of the instrument provides concessions to BNO holders with a retrospective effect from 9 July 2020. If the relevant visa has ceased since 9 July 2020, it will be re-enlivened, subject to the reason for cessation. This amendment puts the holders of British National passports in the same position that holders of Hong Kong passports were placed in from 9 July 2020.
Schedule 2 of the instrument inserts requirements that must be met by applicants seeking to apply for a Skilled Independent subclass 189 visa in the new Hong Kong stream. It grants permanent residence to Hong Kong passport holders and British National (Overseas) passport holders, and their family members.
The applicants for the Skilled Independent subclass 189 Visa new Hong Kong stream must:
- be a holder of a Hong Kong passport or a British National(Overseas) passport
- have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions
- have held that visa for at least 4 years
- have been resident in Australia for a period of 4 years
- meet PIC 4007(both primary and secondary applicant)
Schedule 2 also amends the Subclass 191 visa so that it will provide a pathway to permanent residence for visa holders covered by the Hong Kong concessions. Subclass 191 now has two streams for primary applicants:
- the Regional Provisional Visas stream; and
- the Hong Kong (Regional) stream
The applicants for the Permanent Residence (Skilled Regional) subclass 191 Visa new Hong Kong stream must:
- be the holder of an HKSAR or a BNO passport
- have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions
- held that visa while meeting the regional requirements for 3 years and be resident in Australia for a continuous period of 3 years immediately before applying
- meet PIC 4007(both primary and secondary applicant)
- have lived, worked, or studied, three years immediately before applying, exclusively in a designated regional area
There is no requirement to meet an income threshold for these 3 years before applying for this Hong Kong stream.
The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of this instrument commences retrospectively from 9 July 2020 and schedule 2 will commence on 5 March 2022.
To access the Instrument, click here.
