Hong Kong Residents: New Pathway to Australian Permanent Residency

The Australian Government has announced groundbreaking changes for Hong Kong residents, offering a streamlined pathway to permanent residency with significantly reduced requirements.

Major Policy Update

Hong Kong residents holding graduate or temporary work visas can now apply for permanent residency after meeting basic residence requirements, without needing to meet traditional points-based criteria. This represents one of the most accessible permanent residency pathways ever offered to Hong Kong citizens.

Background

In July 2020, Prime Minister Scott Morrison announced the extension of graduate and temporary work visas for Hong Kong residents by five years, promising a pathway to permanent residency. On 29 October 2021, the government finally released the specific details through the Migration Amendment (Hong Kong) Regulations 2021.

The new regulations create special streams within two permanent visa categories:

• Skilled Independent Visa (Subclass 189)
• Skilled Regional Permanent Visa (Subclass 191)

These changes came into effect on 5 March 2022.

Eligible Visa Holders

The new pathway is available to Hong Kong residents holding:

• Temporary Skill Shortage Visa (Subclass 482)
• Temporary Work (Skilled) Visa (Subclass 457)
• Temporary Graduate Visa (Subclass 485)

Basic Requirements

To qualify for permanent residency, applicants must:

For Subclass 189 (Skilled Independent Visa):

• Hold one of the eligible temporary visas for 4 years
• Have ordinarily resided in Australia during those 4 years
• Meet standard health and character requirements
• Hold a Hong Kong SAR passport or British National (Overseas) passport at the time of application

For Subclass 191 (Skilled Regional Permanent Visa):

• Have lived, worked, and studied in a designated regional area for 3 years
• Hold one of the eligible temporary visas
• Meet standard health and character requirements
• Hold a Hong Kong SAR passport or BNO passport at the time of application

Three Pathways to Permanent Residency

Pathway 1: Graduate Route

Study in Australia → Hold 485 Graduate Visa or 482/457 Work Visa for 4 years → Apply for Subclass 189 PR

This pathway is ideal for Hong Kong students who have completed their Australian qualifications and wish to transition to permanent residency.

Pathway 2: Employer Sponsorship Route

Obtain Australian employer sponsorship → Hold 482 or 457 Visa for 4 years → Apply for Subclass 189 PR

This route suits professionals who can secure employer sponsorship and wish to work towards permanent residency.

Pathway 3: Regional Route

Hold eligible temporary visa (485, 482, or 457) → Live, work, and study in designated regional area for 3 years → Apply for Subclass 191 PR

This accelerated pathway is perfect for those willing to contribute to regional Australia's development.

Standard Requirements Explained

The "standard requirements" are minimal and include:

Health Requirements:

• Pass standard health examinations
• Meet public health criteria

Character Requirements:

• Pass character assessments
• Not be considered a security risk by the Australian Security Intelligence Organisation (ASIO)
• Not be deemed by the Foreign Minister to affect Australia's foreign interests
• Not have provided false or misleading information in visa applications within the past 12 months

Key Advantages

No Points Test Required

Unlike traditional skilled migration pathways, Hong Kong residents don't need to:

• Achieve minimum points scores
• Have skills assessments in specific occupations
• Meet English language requirements beyond basic communication
• Demonstrate work experience in nominated occupations

Extended Visa Periods

The five-year extension of temporary visas provides:

• Ample time to meet residence requirements
• Flexibility in career planning
• Opportunity to establish strong ties to Australia

Family Inclusion

The policy extends to:

• BNO passport holders (newly included)
• Family members included in visa applications
• Dependent children

Important Considerations

Residence Requirements

"Ordinarily resided" means:

• Physical presence in Australia for the majority of the qualifying period
• Maintaining genuine ties to Australia
• Short overseas trips are generally acceptable

Regional Areas

For the Subclass 191 pathway, designated regional areas include:

• All of Australia except Sydney, Melbourne, and Brisbane
• Perth and Adelaide are classified as regional for this purpose
• Gold Coast and other regional cities qualify

Application Timing

• Applications can be lodged once residence requirements are met
• No need to wait for invitation (unlike general skilled migration)
• Processing times are expected to be reasonable given the streamlined criteria

How We Can Help

At First Migration Service Centre, our MARA-registered agents specialise in Hong Kong resident visa applications. We provide:

Comprehensive Assessment

• Evaluate your eligibility for the most suitable pathway
• Review your visa history and residence periods
• Identify any potential issues early

Application Preparation

• Prepare all required documentation
• Ensure compliance with health and character requirements
• Compile evidence of residence and ties to Australia

Strategic Planning

• Advise on optimal timing for applications
• Assist with career and study decisions to meet requirements
• Provide guidance on regional area options if applicable

Ongoing Support

• Monitor your application progress
• Respond to any Department requests promptly
• Keep you informed throughout the process

Next Steps

If you're a Hong Kong resident in Australia on an eligible visa:

1. Calculate Your Eligibility: Determine when you'll meet the residence requirements
2. Gather Documentation: Start collecting evidence of your time in Australia
3. Book a Consultation: Speak with our experienced agents about your specific situation
4. Plan Ahead: Make informed decisions about work, study, and residence

This unprecedented opportunity offers Hong Kong residents one of the most accessible pathways to Australian permanent residency ever created. Don't miss this chance to secure your future in Australia.

Contact First Migration Service Centre today for a free assessment and expert guidance on your permanent residency application.