The Australian government has released a new Legislative Instrument that creates new pathways to permanent residency for eligible HKSAR and BNO passport holders from 5 March 2022. A new Hong Kong stream has been inserted within the Subclasses 189 and 191 visa classes.
The new Instrument also allows additional temporary visa concessions for British National Overseas (BNO) passport holders retrospectively from 9 July 2020. These amendments will provide BNO passport holders with equivalent concessions as Hong Kong Special Administration Region (HKSAR) passport holders.
Subclass 189 – Skilled Independent Visa – Hong Kong Stream
An amendment to the Migration Regulations 1994 has created the Hong Kong stream of the Points Tested SC 189 Visa.
To be eligible for the SC 189 Hong Kong stream, the primary applicant must:
- Hold a HKSAR or a BNO passport
- Be the primary visa holder of a SC 457, 482 or 485 visa covered by the Hong Kong concessions
- Have held that relevant visa for 4 years
- Have usually resided in Australia for 4 years
Both the primary and secondary applicants must meet the relevant health criteria under PIC 4007. Children who were included in the SC 457, 482 or 485 visa grant will continue to be considered a member of the family unit for the SC 189 application even after turning 23 years old, so long as they continue to live in the primary visa holder's family.
Subclass 191 – Permanent Residence – Skilled Regional Visa – Hong Kong Stream
The SC 191 Visa has been restructured to create the Hong Kong (Regional) stream for primary applicants.
To be eligible for the SC 191 Hong Kong (Regional) stream, the primary applicant must:
- Hold a HKSAR or a BNO passport
- Have usually resided in Australia for a continuous period of 3 years immediately before applying
- Have lived, worked or studied exclusively in a designated regional area for the 3 years immediately before applying
- Be the primary visa holder of a SC 457, 482 or 485 visa covered by the Hong Kong concessions
- Have held that relevant visa while meeting the regional requirements for 3 years
Both the primary and secondary applicants must meet the relevant health criteria under PIC 4007. Children who were included in the SC 457, 482 or 485 visa grant will continue to be considered a member of the family unit for the SC 191 application even after turning 23 years old, so long as they continue to live in the primary visa holder's family.
Note: There is no requirement to meet an income threshold for the 3 years before applying for the Hong Kong (Regional) stream.
There are some transitional arrangements available for eligible SC 457 visa holders when applying for the SC 189 Hong Kong stream and the SC 191 Hong Kong (Regional) stream.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.