Hong Kong permanent-residence stream opened under Subclass 189

Policy effect

From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020. Other applicable visa criteria remained in force.

Conditions and exceptions

Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… n the visa comes into effect; and (d) ends at the end of the period of 5 years starting when the visa comes into effect.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2 Pathways to permanent residence Part 1 Subclass 189 visas 6 Migration Legislation Amendment (Hong Kong) Regulations 2021 OPC65104 - B Schedule 2—Pathways to permanent residence Part 1—Subclass 189 visas Migration Regulations 1994 1 After subitem 1137(4G) of Schedule 1 Insert: Hong Kong stream (4H) Subitems (4J) to (4M) set out the requirements for: (a) an applicant (a primary HK applicant) seeking to satisfy the … primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Hong Kong stream; or (b) an applicant (a secondary applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled—Independent) visa, whose application is: (i) combined with the application of a primary HK applicant; or (ii) sought to be combined with such an application before a decision is made in relation to that application. Note: A member of the family unit of a primary HK applicant may apply for the grant of a Subclass 189 (Skilled—Independent) visa, seeking to satisfy the sec … fter 5 March 2022. (c) The applicant may be in or outside Australia, but not in immigration clearance. (d) The applicant must not nominate the Points-tested stream or the New Zealand stream. (e) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (4M) applies; and (iii) must have held that visa for at least 4 years. (f) An application by a secondary applicant may be made at the same time, and combined with, an application by a primary HK applicant. (4M) For the purposes of subparagraph (4L)(e)(ii), thi … s subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and (c) either: (i) was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or (ii) was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years start … s 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 30 October 2021 2. Schedule 1 Immediately after the commencement of the Migration Amendment (Hong Kong Passport Holders) Regulations 2020. 9 July 2020 3. Schedule 2 Immediately after the commencement of Schedule 3 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 5 March 2022 4. Schedule 3 5 March 2022. 5 March 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with a …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2022

• 2022-02-21Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors
• 2022-03-05Hong Kong regional permanent-residence stream opened under Subclass 191
• 2022-03-05Subclass 445 grant-location flexibility extended beyond the COVID concession
• 2022-03-05Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions
• 2022-04-04Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream
• 2022-07-01Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)
• 2022-10-01Repeal of the Australian Agriculture Worker Stream
• 2022-12-10Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022