On 9 July 2020, the Australian government announced a new visa pathway for eligible Hong Kong (HKSAR) and British National (Overseas) passport (BNO) passport holders to become permanent residents in Australia.
This announcement covered the following aspects:
- BNO passport holders, who held a temporary graduate or temporary skilled visa on 9 July 2020, will be eligible to have their visa extended until 8 July 2025.
- Temporary graduate and temporary skilled visa applicants with BNO passports who applied after 9 July 2020 will be eligible for five-year visas.
- For those who live, work and study exclusively in regional Australia, the pathway to permanent residence would be available after three years.
- Similar visa pathways for Hong Kong and BNO passport holders are offered by the United Kingdom and Canada.
New legislation amendments and clarifications were announced on 30 October 2021 by the Australian government as to how to access the permanent residence pathway by eligible temporary visa holders. These announcements will be applied retrospectively from 9 July 2020 which means relevant visa holders who may have ceased to be eligible since the above date may have their visa re-enlivened and take advantage of this provision.
Changes under the temporary visa subclasses
Subclass 457 Temporary Work (Skilled) visa
Subclass 457 primary visa holders who held BNO passports at the time of visa grant will have their 457 visa remain in effect until 8 July 2025. This condition applies whether the visa was granted before, on or after 9 July 2020. If the visa has ceased since 9 July 2020, it may be re-enlivened subject to the reason for cessation.
Employers will be able to continue to employ these visa holders without the requirement to apply for a new nomination for a Subclass 482.
The visa holder will remain subject to Condition 8107.
Subclass 482 Temporary Skill Shortage visa – Granted before 9 July 2020
Subclass 482 visas held by BNO primary visa holders on 9 July 2022 will remain in effect until 8 July 2025. If the visa has ceased since 9 July 2020, it may be re-enlivened subject to the reason for cessation.
Employers will be able to continue to employ these visa holders without the requirement to apply for a new nomination for a Subclass 482.
The visa holder will remain subject to Condition 8607.
Subclass 482 Temporary Skill Shortage visa – Granted on or after 9 July 2020
The subclass 482 visa grant period will be five years for holders of BNO passports, whether the application was made before, on, or after 9 July 2020. If the visa has ceased since 9 July 2020, it may be re-enlivened subject to the reason for cessation.
Subclass 485 Skilled Graduate Visa – Granted before 9 July 2020
Subclass 485 visas held on 9 July 2020 by BNO passport holders will remain in effect until 8 July 2025. If the visa has ceased since 9 July 2020, it may be re-enlivened subject to the reason for cessation.
Subclass 485 Skilled Graduate Visa – Granted on or after 9 July 2020 and before 3 November 2021
The grant period will be five years for subclass 485 visas holders of BNO passports, when the application was made after 9 July 2020 and before 3 November 2021, unless the visa was a second subclass 485.
Subclass 485 Skilled Graduate Visa – Granted from 3 November 2021
All subclass 485 visas will be granted to BNO passport holders for a period of five years.
Permanent pathway available and open for these new Hong Kong steams from 5 March 2022
For the above-mentioned temporary visas, a HKSAR and BNO passport holder will be eligible to access the following permanent residency pathway.
Subclass 189 – Skilled Independent Visa – Hong Kong stream
The requirements for the new SC 189 stream include:
- the primary applicant must hold a HKSAR or a BNO passport;
- the application must be made by the primary visa holder of a SC 457, 482 or 485 visa covered by the Hong Kong concessions (valid until 8 July 2025 or for five years);
- have held that visa for 4 years (unless transitional SC 457 conditions apply);
- have been usually resident in Australia for 4 years; and
- both primary and secondary applicants meet PIC 4007.
Children included in the Subclass 457, 482 or 485 visa grant will continue to be considered a member of the family unit even after they have turned 23 years old for these Subclass 189 applications, as long as they continue to live with the primary visa holder’s family.
Subclass 191 – Permanent Residence – Skilled Regional Visa – Hong Kong Stream
The Subclass 191 visa has been restructured to create two streams for primary applicants:
- Regional Provision stream
- Hong Kong (Regional) stream
Requirements for Hong Kong (Regional) stream:
- Primary applicant must hold a HKSAR or a BNO passport;
- The application must be made by the primary visa holder of a Subclass 457, 482 or 485 visa covered by the Hong Kong concessions;
- Must have lived, worked or studied exclusively in a designated regional area for the 3 years immediately before applying;
- Has held that visa while meeting the regional requirements for 3 years (unless Subclass 457 transitional concessions apply);
- Have been resident in Australia for a continuous period of 3 years immediately before applying; and
- Both primary and secondary applicants meet PIC 4007.
If you are a HKSAR or BNO passport holder and wish to understand your eligibilities before applying, please contact Michelle Collins at Align Law to discuss further.