494/491 visas: Regional postcodes and certifying bodies registered
/With only a few days before they commence, what is likely the final pieces to the puzzle for the Subclass 491 – Skilled Work Regional (Provisional) visa and Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visas are in place. Today, two substantive legislative instruments were registered that finally provides clarity to what will be the three geographical areas in Australia from 16 March 2019 as previously announced: Major cities, Cities and major regional centres, and Regional centres and other regional areas.
The legislative instrument lists by State or Territory and by postcode what are Cities and major regional centres, and Regional centres and other regional areas.
This instrument also consolidates a number of definitions in the regulations including what is a regional Australia, which encompasses both Cities and major regional centres, and Regional centres and other regional areas, for applications made from 16 November 2016 for:
Subclass 187 – Regional Sponsored Migration Scheme nominations under the Temporary Residence Transition stream for those eligible;
Subclass 494 – Skilled Employer Sponsored Regional (Provisional) nominations;
Subclass 892 – State/Territory Sponsored Business Owner visas; and
Subclass 888 – Business Innovation and Investment (Permanent) visas under the Business Innovation stream.
Where this list of postcodes will have the greatest impact is for the definition of what is a designated regional area for General Skilled Migration (GSM) visas and particularly 491 visas. This is because it will affect:
The number of points scored for studying in a regional area. This will apply whether the GSM visa was made before or after 16 November 2019;
Where an eligible relative must be usually resident to sponsor for a 491 visa. Previously sponsors needed to live in a Designated Area, which included Melbourne. This possibility has now closed, as was envisaged more than 6 months ago;
The duration of Subclass 485 – Temporary Graduate visa grants under the Post-Study Work stream. As the length for these visas are determined by policy, this instrument will be used to guide case officers on whether to add an extra year or two depending on where the visa applicant studied.
Finally, instead of listing RCBs in the regional areas instrument, a new instrument has been registered dedicated solely for that purpose. This classifies the approved State and Territory or local government organisations that can provide advice for 494 visa nominations.