Permanent Residence Pathway for Hong Kong Passport Holders

The Australian Government implemented special adjusted visa settings and concessions for Hong Kong passport holders on 9 July 2020 in response to the political situation within the Hong Kong Special Administrative Region (SAR).

From 31 January 2021 the Hong Kong SAR Government ceased recognising British National Overseas (BNO) passport holders for immigration and identification purposes. The Australian Government has now moved to provide the same concessions and arrangements to holders of BNO passports.

Concessions may now be applied for BNO passport holders retrospectively from 9 July 2020. Those with relevant visas that have ceased since this date and want to take advantage of these conditions if a new substantive visa has not been granted, or their current one was cancelled can apply to re-activate their previous visa.

Temporary Visa Concessions 

Subclass 457 (Temporary Work) Visa

• Subclass 457 visas held by primary visa holders who held BNO passports at the time of visa grant will remain in effect until 8 July 2025. This conditions apples whether the visa was granted before, on or after 9 July 2020.
• If the visa has ceased since 9 July 2020 it may be re-enlivened subject to the reason for cessation.
• Employers will be able to continue to employ these visa holders without the requirement to apply for a new nomination for a SC 482.
• The visa holder will remain subject to Condition 8107.

Subclass 482 (Temporary Skills Shortage) Visa – Granted before 9 July 2020

• Subclass 482 (Temporary Skills Shortage) visas held by BNO primary visa holders on 9 July 2022, will remain in effect until 8 July 2025. In the event the subclass 482 visa has ceased since 9 July 2020 it may be re-enlivened subject to the reason for cessation.
• Employers will be able to continue to employ these visa holders without the requirement to apply for a new nomination for a TSS visa.
• The visa holder will remain subject to Condition 8607.

Subclass 482 (Temporary Skills Shortage) Visa – Granted on or after 9 July 2020

• The regulations provide for a grant period of five years for subclass 482 (TSS) visas to holders of BNO passports. A five year grant period is available whether the application was made before, on or after 9 July 2020.
• Depending on the reason for cessation, if the visa has ceased since 9 July 2020 it may be re-enlivened.

Subclass 485 (Graduate) Visa – Granted before 9 July 2020

• Subclass 485 (Graduate) visas held on 9 July 2020 by BNO passport holders will remain in effect until 8 July 2025.
• If the 485 visa has ceased since 9 July 2020, it may be re-enlivened, depending on the reason for cessation.

Subclass 485 (Graduate) Visa – Granted between 9 July 2020 and 3 November 2021

Subclass 485 visas may be re-enlivened for a period of five years to holders of BNO passports, where the application was made after 9 July 2020 and before 3 November 2021.

Subclass 485 (Graduate) Visa – Granted from 3 November 2021

Subclass 485 visas will be granted to BNO passport holders for a period of five years.

Permanent Residency Pathways – HKSAR and BNO passport holders

A new Hong Kong stream within the Subclass 189 and 191 visa classes will be open from 5 March 2022.

Subclass 189 – Skilled Independent Visa – Hong Kong stream

A new Hong Kong stream within the points tested subclass 189 visa will be open from 5 March 2022. Skilled migration applicants must demonstrate a strong commitment to Australia in the temporary residency requirements for this stream of visa.

Subclass 191 – Permanent Residence – Skilled Regional Visa – Hong Kong Stream

The Subclass 191 visa has been restructured to create two streams for primary applicants:

• the Regional Provision stream
• the Hong Kong (Regional) stream

Relaxation of Definition of ‘Members of the Family Unit’

Children who would not ordinarily qualify for permanent residence will now benefit from a relaxed definition of the term ‘members of the family unit,\’ and will be able to apply with the main visa applicant.

Children who have turned 23, and who would not normally be considered a ‘member of the family unit’ under Australia\’s immigration laws, will be an eligible member of the family unit for purposes of applications for Hong Kong streams under Subclass 189 (skilled – Independent) and Subclass 191 Permanent Residence (Skilled Regional) visa categories.