Australia: New Rules Prioritize Applications for Certain Categories of Foreign Nationals and Employers
August 19, 2021
Country / Territory
At a Glance
- The Australian government has issued new rules regarding the processing of Skilled Visa applications.
- Under the rules, the government will process with highest priority Temporary Skill Shortage (TSS) visas and other skilled visas for Hong Kong SAR or Hong Kong British National (Overseas) passport holders; with high priority for applications for sectors identified by the government as critically important during the COVID-19 pandemic and post-pandemic recovery; for employers party to a Global Talent Scheme agreement or who hold Accredited Status, among others.
- The government will also process skilled permanent visa applications, including Employer Nomination Scheme and Regional Employer Sponsored visas, in a certain priority order based on categories of applicants.
- The government will process the visa applications of groups identified as high priority faster than those of other categories. Significantly, within all priority groups, priority will be afforded to applicants who are in Australia ahead of applicants who are located outside of Australia.
The situation
The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has published two new processing directions for how the government should process Temporary Skill Shortage (TSS) visa and skilled permanent visa applications.
A close look
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Change |
Details |
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Processing of TSS visa applications |
TSS nominations and visa applications should be processed in the following priority order: 1. Applications lodged by Hong Kong passport holders in Australia; 2. Applications lodged by Hong Kong passport holders outside Australia; 3. Applications lodged for Priority Skilled Migration Occupation List (PSMOL) occupations, under a Global Talent Employer Sponsored (GTES) Agreement, or for agriculture or food production sector occupations; 4. Applications lodged for other Critical Sectors identified by the government as being of critical importance during the COVID-19 pandemic and post-pandemic recovery; 5. Applications for positions located in regional Australia. Applications lodged under a Designated Area Migration Agreement (DAMA), by an Accredited Sponsor or under an approved Labour Agreement will be afforded higher priority within this processing group; 6. Applications lodged by approved sponsors with Accredited Sponsorship status; 7. Applications lodged by other Labour Agreement sponsors; and 8. All other applications. |
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Processing of skilled permanent visa applications, including Employer Nomination Scheme and Regional Employer Sponsored visas |
Processing for other skilled permanent visas, including Employer Nomination (subclass 186) visa and Employer Sponsored Regional (Provisional) (subclass 494) visas, should be as follows: 1. All skilled permanent or provisional visa applications lodged by Hong Kong passport holders in Australia; 2. All skilled permanent or provisional visa applications lodged by Hong Kong passport holders outside Australia; 3. Nomination and subclass 186 or subclass 494 visa applications lodged for PMSOL occupations, under a GTES or for agriculture or food production sector occupations, and Business Innovation and Investment (subclass 188) visas in the Significant Investor stream; 4. Nomination and subclass 186 or subclass 494 visa applications lodged for other Critical Sectors; 5. Nomination and subclass 186 or subclass 494 visa applications lodged by employers under a DAMA; 6. All other subclass 494 nomination and visa applications. Within this priority group, precedence will be given to applications where the sponsor holds Accredited Sponsorship or an approved Labour Agreement; 7. All other subclass 186 nomination and subclass 186 visa applications. Within this priority group, precedence will be given to applications where sponsor holds Accredited Sponsorship or an approved Labour Agreement; 8. Nomination and Regional Sponsored Migration Scheme (subclass 187) visas, again with precedence where the nominator is an Accredited sponsor. |
Impact
- Eligible Hong Kong SAR passport holders will benefit from priority processing, since these applications will be processed faster than those of other nationalities under the same programs.
- Other qualifying priority categories, including applicants located in Australia, will also benefit from faster application processing above other categories of foreign nationals.
- Qualified Employers will benefit from priority processing from applications of others who do not hold a Global Talent Scheme agreement or other Labour Agreement, or those who do not hold Accredited Status.
Background
This follows the Australian Prime Minister’s announcements in 2020 regarding new options for Hong Kong nationals to extend temporary visas in Australia and new measures to target global talent and exporting businesses in Hong Kong SAR.
Looking ahead
It is likely that the government will continue to release new rules that will be favorable to Hong Kong SAR or Hong Kong British National (Overseas) such as fewer visa application requirements, longer visa validities and options for permanent residency in Australia, as an incentive to attract global talent and businesses from Hong Kong SAR.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
