Migration Amendment (Subclass 191 Visas—Waiver of Conditions) Regulations 2022, dated 10 November 2022 amends the Migration regulations 1994 to enable family members of skilled workers to apply for subclass 191 visas without having to depart Australia by providing the ability to waive the‘No Further Stay condition’.
The Subclass 191 visa has two streams namely the Regional Provisional stream and the Hong Kong stream. The primary applicants in the regional stream must hold a ‘pathway visa’ subclass 491 or 494. Likewise, the applicants in the Hong Kong stream must have valid subclass 457, 482, or 485 visas. In addition, the applicants of both streams are required to fulfill three years of residency requirements in a designated regional area of Australia.
However, there are no such requirements for a secondary applicant (that is a member of the family unit) of a Subclass 191 visa who may be holding another visa that is subject to a No Further Stay condition.
The instrument amends the regulations to enable the waiver of that No Further Stay condition and to allow family members and dependants of a subclass191 primary applicant to be added to the primary applicant’s onshore application without having to leave Australia.
The instrument is registered on the Federal Register of Legislation on 11 November 2022 and commenced on 12 November 2022. It is currently in force.
To access the instrument, click here.