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Level 7, 530 Little Collins Street

Melbourne, VIC, Australia

Level 3, 21 Taepyung-Ro

Jung-Gu, Daegu, South Korea​​

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James Bae - Solicitor

Andrew Topalovic - Solicitor

Fernando Seo - Lawyer Consultant, Korea

Jang Eun Lee - Lawyer Consultant, Korea

  • Visa Plan Australia

Overview of Subclasses 491 & 494 - No. 2

Updated: Feb 4

#491visa #494visa #191visa #newvisa #Australianvisa #visaplan #newpointsymstem #australianmigration #australianmigrationlawyer #changeson16112019 #migrationlawchanges

Skilled Work Regional (Provisional) (SWR) visa - Subclass 491

  • Replaces the subclass 489 First Provisional stream.

  • Two (2) invitation pathways: State / Territory nominated; and Family sponsored.

  • More rigorous regional compliance framework (conditions 8578, 8579, 8580 & 8581 imposed on all visa holders).

  • Points test amended (6D), but still required to lodge an Expression of Interest for invitation to apply - 65 points minimum.

Skilled Employer Sponsored Regional (Provisional) (SESR) visa - Subclass 494

  • Replaces the Subclass 187 Direct Entry stream.

  • Will be incorporated into the Standard Business Sponsorship (SBS) framework - An existing SBS will be able to lodge SESR nominations.

  • Two (2) streams: Employer Sponsored; and Labour Agreement.

  • The genuine temporary entrant requirement does not apply, but the position must be proven to be genuine.

  • Regional compliance conditions + 8608 (similar to 8607).

  • Labour Market Testing must be undertaken, irrespective of the International Trade Obligations exemptions.

  • Have at least three (3) years of full-time relevant work experience in the nominated occupation or a related field, at the same level of skill.

  • Meet health and character requirements (one fail – all fail)

  • Regional Certifying Body certification must be provided regarding the Australian Market Salary Rate.

  • Irrespective of the visa application fee, SAF contribution must be paid - $3,000 for a small business and $5,000 for a larger business, depending on their turnover. The pro-rata SAF levy applies in relation to their visa grant date if nomination is for a 494 holder to change their employer.

  • Eligible for Medicare – health insurance not required.

James Bae (james@visaplan.com.au - visaplan.com.au)

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