Rush to lodge all Subclass 187 visa applications before the Subclass 494 replacement?
The new Subclass 494 visa will be open for applications and effectively replace the current Subclass 187 visa on 16 November 2019. It would appear that this deadline would cause a frenzy for applicants to lodge their Subclass 187 visa applications before the changes in law, however, transitional arrangements apply to allow for 187 applications to be made on or after 16 November 2019 in certain cases.
The Migration Amendment (New Skilled Regional Visas) Regulations 2019 will insert amendments to the Migration regulations 1994 to state that:
Reg 5.19(2)(aa) if the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa—be made before 16 November 2019 (subject to subclause (2A)); and..
However, this provision is subject to an exception, as will be inserted as follows:
Reg 5.19(2A) Paragraph (2)(aa) does not apply if:
(a) the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream; and
(b) the identified person is a transitional 457 worker or transitional 482 worker at the time the application is made.
Accordingly, the definitions of the newly termed “transitional 457 worker” and “transitional 482 worker” will be inserted to reg 1.03 of the Migration Regulations 1994.
In essence, the holder of a Subclass 457 visa, or an applicant for a Subclass 457 visa on or before 18 April 2017 that was subsequently granted, is taken to be a “transitional 457 worker”.
The holder of a Subclass 482 visa in the medium-term stream or a an applicant for a Subclass 482 visa in the medium-term stream on or before 20 March 2019 that was subsequently granted, is taken to be a “transitional 482 worker”.
The application of the transitional arrangements for Subclass 187 suggest that persons who are identified as the above transitional 457 or transitional 482 workers may still be eligible to apply for Subclass 187 visas on or after 16 November 2019.
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