Migration pathways in Australia for Hong Kong SAR and British National (Overseas) (BNO) passport holders
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Between 2020 and present, Australia has implemented legislative changes providing visa concessions and pathways to Hong Kong nationals in light of of the political situation in Hong Kong, including:
an automatic 5-year extension of Temporary Graduate (Subclass 485) visas for Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders who held a Subclass 485 visa on 9 July 2020
an automatic 5-year extension of Temporary Skill Shortage (Subclass 482) visas and Temporary Work (Skilled) (Subclass 457) visas for Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders who held a Subclass 482 visa or Subclass 457 visa on 9 July 2020
Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders completing eligible tertiary studies in Australia thereafter being eligible for the grant of a 5-year Temporary Graduate (Subclass 485) visa (as long as they are under 50 years of age at the time of application, amongst other requirements)
Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders sponsored for an employer-sponsored visa being eligible for the grant of a 5-year Temporary Skill Shortage (Subclass 482) visa
Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders being able to apply for permanent residency through the Permanent Residence (Skilled Regional) (Subclass 191) visa where they have held an eligible visa, and lived, worked and/or studied in regional Australia for a continuous period of at least three (3) years, without needing to meet occupational or skills assessment requirements
Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders being able to apply for permanent residency through the Skilled Independent (Subclass 189) visa where they have held an eligible visa, and have been usually resident in Australia for at least four (4) years, without needing to meet occupational or skills assessment requirements
Priority processing of Business Innovation and Investment (Subclass 188/888) visa applications lodged by Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders
Note: The Business Innovation and Investment Program received 0 allocations in the July 2023 - June 2024 financial year, and was officially closed on 1 July 2024. It will soon be replaced by a new National Innovation visa, reportedly by the end of 2024.
Priority processing of Global Talent (Subclass 858) visa applications lodged by Hong Kong Special Administrative Region (SAR) and/or British National (Overseas) (BNO) passport holders in both the Global Talent and Distinguished Talent pathways
Note: The Global Talent (Subclass 858) visa program will soon be replaced by a new National Innovation visa, reportedly by the end of 2024.
What is an eligible visa?
An eligible visa for the purposes of applying for a Subclass 189 visa or Subclass 191 visa in the Hong Kong stream includes a Subclass 457 visa, Subclass 482 visa or a Subclass 485 visa which was granted to the visa holder on the basis of meeting the primary criteria (i.e. secondary visa holders may be excluded), which either -
if granted before 9 July 2020, does not expire after 8 July 2025; or
if granted after 9 July 2020, is valid for five (5) years starting from when the visa came into effect.
So what are my options for permanent residency as a Hong Kong SAR and/or British National (Overseas) (BNO) passport holder?
Essentially, all Hong Kong SAR and/or BNO passport holders who either on or after 9 July 2020, have held or been been granted an eligible visa (i.e. a Subclass 485, Subclass 482 visa or Subclass 457 visa) as a primary visa holder, may have a pathway to permanent residency in Australia through the Hong Kong stream of Subclass 191 visa or the Subclass 189 visa.
Eligible visa holders who have been usually resident in Australia for at least four (4) years, on the eligible visa, may be eligible for the grant of a Subclass 189 visa in the Hong Kong stream, without having to nominate any particular occupation or providing evidence of a positive skills assessment in the nominated occupation, at the time of application.
Eligible visa holders who have lived, worked and/or studied in a designated regional area of Australia for at least three (3) years, on the eligible visa, may be eligible for the grant of a permanent Subclass 191 visa in the Hong Kong stream, again without having to nominate any particular occupation or providing evidence of a positive skills assessment in the nominated occupation, at the time of application.
Nonetheless, there are of course other requirements which may need to be satisfied for the grant of the Subclass 189 or Subclass 191 visas, such as the requirement to have substantially complied with visa conditions, as well as the relevant health and character requirements.
Additionally, aside from the Hong Kong stream of the Subclass 189 visa and Subclass 191 visa, Hong Kong SAR and/or BNO passport holders may otherwise still have access to the usual general skilled migration, employer-sponsored and/or family migration pathways to permanent residence.
I am a Hong Kong SAR or British National (Overseas) (BNO) passport holder but I don’t currently have an eligible Subclass 485, 482 or 457 visa. What are my options?
If you have plans to, or are currently undertaking at least two (2) academic years of studies in Australia on a Student (Subclass 500) visa, you may be eligible to apply for a Subclass 485 visa after the completion of your studies, as long as you are less than 50 years old at the time of applying for the Subclass 485 visa (amongst other requirements). Hong Kong SAR or British National (Overseas) (BNO) passport holder who wish to study in Australia are encouraged to seek professional advice about their options, so as to ensure that they are able to meet the Genuine Student test for the grant of a Student (Subclass 500) visa.
Alternatively, if you are presently working for an Australian or overseas business in Australia, you may be eligible to be sponsored for a Subclass 482 visa. On the other hand, as the Australian Government has announced that the current Subclass 482 visa will be replaced by a new Skills in Demand visa by the end of 2024, it remains to be seen whether the upcoming Skills in Demand visa program will likewise provide Hong Kong SAR or British National (Overseas) (BNO) passport holders with the same visa concessions and a pathway to permanent residence.
The Subclass 457 visa has otherwise been closed to new applications since March 2018.
Finally, as outlined above, Hong Kong SAR and/or BNO passport holders may still have access to the usual general skilled migration, employer-sponsored and/or family migration pathways to permanent residence.
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their immigration options in Australia. Should you wish to discuss your current employer-sponsored, general skilled migration and/or family migration visa options, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.
