Pacific Engagement Visa program open for registrations from 3 June 2024
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UPDATE: This blog post was updated on 8 May 2024 to reflect the new legislative instruments which have now been introduced for the Pacific Engagement (Subclass 192) Visa Program. As this is a developing space, please ensure that you check for updated requirements before your register for the ballot or apply for the Subclass 192 Visa.
UPDATE 1: As reported in our associated blog post, the Pacific Engagement Visa ballot opened on 3 June 2024 and will close in August 2024.
UPDATE 2 (February 2025): The ballot registration period for the Pacific Engagement Visa is still closed for all participating countries.
On 27 April 2024, the Australian Government announced that Pacific Island and Timor-Leste nationals will be able to register for Australia's new Pacific Engagement Visa (PEV) program from 3 June 2024, providing new opportunities for Pacific and Timorese nationals to live, work and study in Australia.
Countries participating in the first Pacific Engagement visa ballot will include:
Federated States of Micronesia
Fiji
Nauru
Palau
Papua New Guinea
Solomon Islands
Timor-Leste
Tonga
Tuvalu
Vanuatu
As discussed in our previous blog post about the Pacific Engagement Visa program, the new Pacific Engagement (Subclass 192) Visa will enable up to 3,000 citizens of Pacific Island countries and Timor-Leste to migrate to Australia as permanent residents each year, and an online ballot system will be used to select participants, which is why the Subclass 192 Visa has also been referred to as a ‘lottery’ visa.
The Australian Government has made the following visa allocations for 2024:
Summary of the registration requirements
To be eligible to apply for a Pacific Engagement (Subclass 192) visa, primary applicants will need to first be randomly selected in the ballot, and only the following applicants will be eligible for selection:
be aged from 18 to 45 years of age
hold a valid passport for a participating country
have been born in, or have a parent who was born in, an eligible country
pay a $25 registration fee
hold a substantive visa, Bridging visa A, Bridging visa B or Bridging visa C if applying in Australia
Applicants must register on a specified computer program that the Department will use for ballot registration, and if and once selected, they will be given a specified deadline (at least 30 days from the date of notice) to apply for their Subclass 192 visa.
Applicants who are selected to apply for the Subclass 192 visa must then secure a formal ongoing job offer in Australia and meet basic English language requirements, as well as health and character requirements before they are granted the Subclass 192 visa. They do not necessarily need to meet the job requirement and English language requirements at the time of application as the requirement is for them satisfy these requirements at the time a decision is made on their visa application.
Subclass 192 visa applicants are able to include their spouse/partner and dependent children in their application.
What we know about the visa requirements that have been implemented by law
On 14 March 2024, the Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024 were made, commencing on 29 March 2024. Under this legislative instrument, the regulatory criteria for the grant of a Subclass 192 visa prescribes the following requirements:
The base visa application charge for the Subclass 192 visa will be $325.00, and the additional applicant charge for Secondary Visa Applicants is $80.00 each.
The application can be made while the Visa Applicants are in Australia or outside Australia.
Applicants who are in Australia at the time of lodgement must hold -
a substantive visa;
a Bridging visa A;
a Bridging visa B; or
a Bridging visa C.
NOTE: There is no indication that the section 48 bar is waived for the Subclass 192 Visa so if you have already been refused a visa in Australia, you may not be able to apply onshore.
Primary Visa Applicants can include their spouse/de facto partner and dependent children in their visa application, but they must be included at the time of application.
Primary Visa Applicants must satisfy the following pre-application requirements -
be a selected participant in the pre-application process;
at the beginning of the registration open period for that process, be aged at least 18 and no more than 45;
at the time of registration as a registered participant, hold a valid passport issued by the country to which the process relates;
was born in a country to which the process relates;
be a citizen of the country to which the process relates;
must not be citizen of New Zealand; and
must lodge the Subclass 192 visa application before the date specified in the notice of selection.
Primary Visa Applicants must satisfy the following requirements before the grant of the visa -
Offer of employment:
either the Primary Visa Applicant or his/her spouse/de facto partner included in the application has a written offer of ongoing employment from an employer for a position that is genuine and in Australia;
the employment conditions for the position that will apply to the primary visa applicant or his/her spouse/de facto partner are not less favourable than those that apply or would apply to an Australian citizen performing equivalent work at the same location; and
there is no adverse employer information known to the Department about the employer or a person associated with the employer.
Financial capacity:
The Primary Visa Applicant has adequate means or access to adequate means to support the Primary Visa Applicants and all Secondary Visa Applicants during their first 12 months in Australia as the holder of Subclass 192 Visas.
Visa compliance:
The Primary Visa Applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas he/she held, and to any subsequent bridging visa, unless -
if Condition 8303 was a previous visa condition, there was substantial compliance with Condition 8303; and
the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
English language:
The Primary Visa Applicant or accompanying spouse/de facto partner who is included in the application as a Secondary Applicant satisfies English language test requirements (see below).
Health and character requirements
Secondary Visa Applicants must satisfy the following requirements before the grant of the visa -
be a member of the family unit of the Primary Visa Applicant;
have made a combined visa application with the Primary Visa Applicant;
have complied substantially with the conditions that apply or applied to the last of any substantive visas he/she held, and to any subsequent bridging visa, unless -
if Condition 8303 was a previous visa condition, there was substantial compliance with Condition 8303; and
the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.
satisfy health and character requirements.
Once the Subclass 192 Visa has been granted, Subclass 192 Visa Holders who are outside of Australia at the time of grant will have to make their first entry into Australia before a specified date.
On 1 May 2024, the Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024 Instrument was introduced, prescribing the following minimum English language test scores in relation to an English language test taken in the last 3 years (either 3 years before the date of application or 3 years before a decision is made on the application):
What services Subclass 192 Visa Holders can enjoy in Australia
The Australian Government has announced that it will provide a range of support and services to help Subclass 192 Visa holders settle in Australia, including through the Settlement Engagement and Transition Support program and the Adult Migrant English Program managed by the Department of Home Affairs.
Subclass 192 visa holders will also have access to Medicare, government-funded school and higher education places. They will also have immediate access to:
Family Tax Benefit A;
Austudy;
Youth Allowance (student and apprentice);
Higher Education Loan Program (HELP); and
VET Student Loans (VSL) programs.
Subclass 192 visa holders will otherwise be subjected to the 4-year newly arrived Resident Waiting period, which means that they are subject to a 4-year waiting period before they are able to access income support payments such as the Job Seeker payment.
Should you wish to discuss your eligibility for a Pacific Engagement (Subclass 192) Visa, please contact us at info@inclusivemigration.com.au or submit an enquiry through the contact form on our website.