Partner visa (Sc 309 and Sc 100) dependents – Members of Family Unit over 23 years old

There has been an amendment to the Migration Regulations to allow secondary applicants of Subclass 309/100 partner visa applicants, who are sponsored by permanent visa holders that arrived as Unauthorised Maritime Arrival (UMA), to be granted a subclass 309 visa despite them being over the age of 23 at the time of decision.

Prior to these amendments, partner visa applications, where the sponsor was a PR visa holder who arrived as a UMA, were provided the lowest processing priority. As a result of the extended processing times, the cohort of secondary applicants have passed the age of 23 and are no longer eligible to be included as member of family unit at the time of decision.

The amendments allow for these affected secondary applicants to retain their eligibility, regardless of them being over 23 years of age. These applicants will only need to show that they are dependent on the primary applicant (regardless of their age) at the time of decision to be granted a subclass 309 visa. These amendments are also reflected in the permanent subclass 100 visa criteria to ensure the same cohort of affected secondary applicants can subsequently be granted the permanent visa

Parent and other Family visa caps for 2023-24 financial year

The migration legislative instrument, until it repeals on 1 July 2024, sets forth the maximum number of family visas that may be granted for the remaining 2023-2024 financial year, as follows:

  • Contributory Parent visas – 6,800 visas
  • Parent vias – 1,700 visas
  • Other family visas – 500 visas

These visa allocations reflect the government’s commitment to facilitating family migration while ensuring a manageable and orderly immigration system.

NSW Government – Changes to Skilled Work Regional (Subclass 491 visa) – Pathway 1

On 3 April 2024, the NSW Government implemented changes to their Pathway 1 requirement for their Subclass 491 Skilled Work Regional (Provisional) visa program.

Applicant for Pathway 1 must now be currently living and working in a designated regional area of NSW and have continuously done so for the past 6 months, instead of the previous 12 months.

This adjustment is a part of the government’s ongoing commitment to attract skilled workers and support regional employers and migrants. Shortening the duration of employment to 6 months is based on industry feedback from employers in regional areas. The shortened duration will increase accessibility to the program for both candidates as well as regional employers, and support the economic, community and employment developments in those areas.

The remaining criteria for Pathway 1 remain the same:

  • Employment must be with a single regional NSW-based employer working from an established business premises in regional NSW.
  • The role must be in the applicant’s nominated (or closely related) occupation.
  • The occupation must be deemed skilled by NSW.
  • Applicants must be paid a minimum of the TSMIT salary level of $70,000 (prorated if under 38 hours per week) from their qualifying employer in the nominated (or closely related) occupation in the 6 months immediately before applying.

Other important reminders for the Pathway 1 requirement are listed below:

  • Skilled employment must occur after NSW deems the applicant skilled in their occupation and must appear in their SkillSelect EOI.
  • Applicants must lodge their visa application onshore and must not have a current visa application being decided by Home Affairs for a permanent visa.

For more information and updates, please visit the NSW Government’s Subclass 491 website.

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