Legislative Instrument F2019L01402 – LIN 19/243: Migration (Specification of occupations and Assessing Authorities Amendment (LIN 19/243: Subclass 491 Visas) Instrument 2019
The purpose of the instrument is to amend LIN 19/051 to remove any references to the Subclass 489 and to substitute these with the Subclass 491, amongst the other amendments listed below:
Occupation Lists
The occupation list for the Subclass 491 is contained in LIN 19/051.
As per Part 2 subsection 7 of the Instrument, the relevant occupation list for the subclass 491 in the family nominated stream is the MLTSSL.
As per Part 2 subsection 7 of the instrument, the relevant occupation lists for the subclass 491 in the State or Territory nominated stream are the MLTSSL, STSOL and ROL.
From 16 November 2019, the applicant can claim 10 partner points for their spouse or de facto under Schedule 6D.11 where the partner is:
In regards to partner points for a skilled occupation for a Subclass 491 in the family-sponsored stream, the primary applicant’s spouse or de facto partner must have an occupation on the MLTSSL.
In regards to partner points for a skilled occupation for a Subclass 491 in the State or Territory stream, the primary applicant’s spouse or de facto partner can have an occupation on the MLTSSL, STSOL or ROL.
The transitional provisions that are contained in LIN 19/051 remain the same.
LIN 19/243 adds the following paragraph into LIN 19/051:
The amendments made by Part 1 of Schedule 1 to LIN 19/243:
(a) apply in relation to an application for a Subclass 491 (Skilled Work Regional (Provisional)) visa made on or after 16 November 2019; and
(b) do not apply in relation to an application for a Subclass 489 (Skilled—Regional (Provisional)) visa made before 16 November 2019.
The instrument makes minor amendments to the assessing authorities for childcare center manager and podiatrist see below:
This instrument commences on 16 November 2019.
Legislative Instrument- F2019L01459- LIN 19/296: Arrangements for Applications for Bridging Visas) Amendment Instrument 2019
This Instrument specifies the requirements for bridging visas and amends LIN 19/186 to include the Subclasses 491 and 494 visas.
This Instrument specifies Forms 491D and 494V (Internet) as approved forms for Bridging A and Bridging C visa applications.
This Instrument specifies approved form 494V for Bridging A and Bridging C visa applications for applicants who have been authorized to lodge paper applications for specified reasons such as issues with ImmiAccount.
Following MIA representation to the Department regarding RCBs closing RSMS DE certification services for Subclass 187 visas, the Department contacted the RCBs to notify that there was no legislative requirement preventing RCBs certifying RSMS DE nomination applications after 16 November 2019.
The Department’s RCB NewsFlash sent to the RCBs on 22 October 2019 is available here. Any MIA members having difficulty with any RCB on this issue are invited to contact the MIA Professional Support team for assistance.
Due to high demand and quota being met for the following occupations, they will be removed from the QSOL’s detailed below, when the skilled program re-opens in the coming weeks. The entire skilled program will re-open for both subclass 190 and subclass 491 visas. The exact date of the skilled program re-opening is yet to be confirmed.
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