What no one is telling you about the Pacific Engagement (Subclass 192) “lottery” Visa

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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.

Is almost everyone from these Pacific Island countries and Timor-Leste really eligible for the new permanent Pacific Engagement (Subclass 192) Visa?

As published by the Department of Foreign Affairs and Trade

Visa allocations are based on several factors including population size, diaspora in Australia, existing migration opportunities, expected demand and participating country views.

Does being selected in the ballot really mean that you will be granted a Subclass 192 Visa?

Here’s what you probably don’t know about the new Subclass 192 Visa (but we know because we read the law about it):

1. If you are from one of the participating countries and are already in Australia, you can still participate in the ballot and apply for the Subclass 192 Visa if you are selected. However -

   • you must hold a substantive visa, a Bridging visa A, a Bridging visa B or a Bridging visa C to apply onshore for the Subclass 192 Visa, which means that you cannot apply in Australia if you are unlawful or if you hold a Bridging visa E; and

   • if you have already been refused a visa in Australia, you may be barred from applying in Australia by s. 48 of the Migration Act 1958 (Cth).

2. You can include family members (spouse, de facto partner and/or dependent children) in your Subclass 192 Visa application but they must be included at the time of application and cannot be added after lodgement;

3. To satisfy the requirements for the grant of the Subclass 192 Visa -

   • either you or your accompanying spouse/ de facto partner (if any) must have a job offer in Australia which -

     • is genuine;

     • offers you employment conditions which are not less favourable than what would apply to an equivalent Australian worker at the same location; and

     • is from an employer whom the Department does not have any adverse information about.

   • you must show that you have the financial capacity to support you and any accompanying family members during your first 12 months in Australia;

   • you must have complied substantially with the conditions which apply or applied to the last substantive visa you held, and to any subsequent bridging visa, with limited exceptions, which means that people with adverse immigration history (e.g. where they breached previous or current visa conditions) may not be eligible for a Subclass 192 Visa even if they are selected during the ballot;

   • either you or your accompanying spouse/ de facto partner (if any) must meet English language requirements*; and

   • you must meet health and character requirements.

*NOTE: The Explanatory Statement for the Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024 which sets out the minimum English language requirements states that “[a]pplicants who can demonstrate English language proficiency, for instance through time spent working or studying in an English speaking country or by previously satisfying an approved English language test, will not be required to satisfy the English language test requirements specified in the instrument”, and that “[a]pplicants who do not meet these circumstances will have the option of undertaking to participate free of charge in the Australian Migrant English Program”. However, the Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024 does not actually prescribe any exceptions to the English language test result requirements, which means there is no actual legal basis to allow exemptions to the below requirements:

English language tests which are accepted:

1. Cambridge English: Advanced test (CAE)

2. International English Language Testing System (IELTS)

3. Occupational English Test (OET)

4. Pearson Test of English Academic (PTE)

5. Test of English as a Foreign Language internet-based Test (TOEFL iBT) but only if the test was undertaken on or before 25 July 2023.

As the Pacific Engagement Visa (Subclass 192) Visa Program is not yet open for registration and is still a developing space, all persons planning to participate in the ballot are advised to keep themselves updated about any new requirements and details which the Department may release, prior to registering in the ballot and applying for their Subclass 192 Visas.

Check out our blog post about the pre-application registration and visa requirements for more details.

Should you wish to discuss your eligibility for a Subclass 192 Visa, please email info@inclusivemigration.com.au or submit an enquiry through the contact form on our website.