This amendment completes the implementation of concessions for certain visa holders from Hong Kong that were jointly announced by the Prime Minister and the Acting Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs on 9 July 2020.

The Hong Kong Regulations make amendments as follows:

Schedule 1 – British National (Overseas) passport holders

It extends previously granted temporary skilled and temporary graduate visas (Subclasses 457, 482, 485). It provides for future grants of those visas for five years if the primary visa holders held a British National (Overseas) passport when the visa was granted.

Schedule 1 commences retrospectively immediately after the commencement to put the holders of British National (Overseas) passports in the same position that holders of Hong Kong passports were placed in from 9 July 2020.

Schedule 2 – Pathways to permanent residence

It creates pathways to permanent residence for temporary skilled and temporary graduate visa holders from Hong Kong, and their family members, who come within the concessional arrangements for both Hong Kong passport holders and British National (Overseas) passport holders:

• For primary visa holders who have lived, worked and studied exclusively in a designated regional area, access to permanent residence after three years visa a new stream in the Subclass 191 Permanent Residence (Skilled Regional) visa
• For all primary visa holders, access to permanent residence after four years visa a new stream in the Subclass 189 (Skilled – Independent) visa
• For all members of the family unit of the primary visa holders that are eligible for the permanent visas. There are no age restrictions on dependent children, but they are required to be still living with their parents in Australia to be eligible

Schedule 2 commences on 5 March 2022 in line with the system release of the new visa streams

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Source: Australian Government | Federal Register of Legislation