Interpretation of 5-year visa extension for Hong Kong passport holders

 

Keywords: Hong Kong passport - Australian visa - Australian immigrant - 5-year visa

 

On August 20, 2020, the current governor of the Australian federal government, David Hurley, officially signed the amendment Ordinance (Hong Kong visa holder) Immigration Ordinance to amend the visa privileges of Hong Kong SAR passport holders, which was promulgated by acting Federal Minister of immigration, Alan tudge.

 

The key points of this revision are as follows:

 

Hong Kong Special Administrative Region of the people's Republic of China passport

Effective date: 9 July 2020 (not the signing date of the amendment Ordinance)

Beneficiary visa:

Australian graduate work visa (485 visa)

Australian employer guarantee work visa (482 visa / 457 visa)

 

About graduate work visa (485 visa)

With effect from 9 July 2020, the visa will be extended to 8 July 2025 for any master visa applicant * who holds a Hong Kong SAR passport. At the same time, family holders of 485 visa enjoy the same treatment regardless of any national passport.

 

(* the length of 485 visa varies from 1.5 years to 4 years, and there are different visa duration for postgraduates, postgraduates and doctoral students.)

 

About employer guarantee work visa (482 visa / 457 visa)

With effect from 9 July 2020, the validity of the visa will be extended to 8 July 2025 for principal applicants holding 482 visa or 457 visa as long as they hold HKSAR passport. At the same time, the Deputy applicant, regardless of holding any national passport, enjoys the same treatment.

 

In depth interpretation

This time, the Australian government has opened a "green" channel for passport holders of "specific" overseas countries, and there are few "retrospective" amendments (that is, the effective date of the regulation is earlier than the date of signing and Issuing the regulations). For applicants and visa holders only, this policy can indeed provide the length of stay in Australia for HKSAR passport holders. At the same time, the government has also indicated that after five years of visa, there will be access to apply for permanent resident visa in Australia. However, we also need to look at it rationally

 

Thinking 1: visa terms

As far as the 485 graduates work visa is concerned, there seems to be no mandatory other restrictions except for the compulsory insurance. However, for 482 or 487 visa holders, although the visa duration has been extended for five years, can they get rid of the restrictions of visa terms? For example, we need to think deeply about a series of obligations such as continuing to work for the employer and keeping the employment position unchanged, and whether the employer is willing to continue to guarantee for an additional five years. At present, there is no policy to support employers to guarantee that visa holders do not have to meet their guarantee obligations.

 

Reflection 2: permanent residence status

You can apply for permanent residence. As we all know, Australia's immigration system has a visa code. So for those visa holders who have been granted five-year extension automatically, can they really apply for permanent residence in the future? What is the corresponding visa code for permanent residence application? We still need to wait for the Ministry of the interior's further interpretation of these doubts.

 

Reflection 3: policy prescription

How long will this policy be effective? Unless this amendment is repealed or revised again, according to the sunset policy, this revised regulation will end on October 1, 2030.

 

Thinking 4: Immigration planning

Can Hong Kong SAR passport holders in Australia and overseas enjoy the same treatment? Or through the application to meet the current visa requirements? These need professional advice, do not be blind.

Then, how should the HKSAR passport holders who have obtained the five-year visa extension make good use of the five-year extension period? How do Hong Kong SAR passport holders who plan to apply for Australian visa plan to obtain a five-year visa? We have an in-depth analysis today

 

How should Hong Kong SAR passport holders who have obtained a five-year visa extension make good use of the five-year extension?

For graduate work 485, all applicants and holders of this type of visa have at least two years' or more of Australian academic background and history. Before this policy, I believe most applicants are considering how to apply for independent skilled immigrants or state sponsored immigrants. For HKSAR passport holders, the validity of a five-year visa is very helpful.

 

First, you can apply for permanent residence in five years. It should be noted that the federal government has no "guarantee" that it will be able to apply for a permanent residence visa at the end of a five-year visa or at a certain point in time. We do not know whether the immigration policy will be amended in the future. But even so, a five-year visa is very beneficial.

 

Secondly, accumulated domestic work experience. After five years of precipitation, I believe that it is absolutely the right way to increase the score of skilled immigrants through work experience. Immigration is not the purpose. Work and life are the normal after immigration. The visa duration of 5 years can definitely let you realize.

 

Moreover, remote state government guarantees. Since 2019, the Australian government has encouraged "going to the countryside" to increase the population in remote areas and stimulate the economy. At the same time, the federal government divides Australian cities into major cities, remote cities and remote areas. Each state government and territory government has a certain degree of autonomy, and specifies the occupation list and invitation method in line with the state and territory. For example, act Canberra government launched matrix scoring invitation system, TAS Tasmania government focused on the introduction of graduates related state government guaranteed immigration, sa South Australia government launched low configuration innovative business visa 0 investment, QLD Queensland's $100000 small business immigration program, and NT Northern Territory government's mint 515000 state government guarantee project. If the visa holder has five years and proper planning, even if the federal government finally does not open up a separate immigration channel, it can still achieve the desired goal.

At the same time, business investment immigrants. For five-year graduates, there are no restrictions on working hours or business investment. Therefore, the purchase business, merger and acquisition business or self established business in Australia can ensure the safe immigration of applicants.

 

 

Finally, family migration. Five years is a very short and long time. It is not a plan to meet a partner and determine a lifetime. Of course, love and the family guarantee to the last is purely a matter of fate. We put this line at the end.

 

How do Hong Kong SAR passport holders who plan to apply for Australian visa plan to obtain a five-year visa?

 

So how to plan for those who have not yet obtained an Australian visa or have studied in Australia? Here we offer two possible solutions:

 

 

 

First of all, school-age applicants. The age range is from junior college to postgraduate, although it is in the period of epidemic and can not study in China. However, the Australian government has given special permission to the applicants to apply for a visa abroad, and to hold a student visa abroad. It also recognizes that the time and time for students to study abroad is equivalent to that in China. In this way, it is fully in line with our above-mentioned scheme deduction.

 

Secondly, employer guarantee. The length of the employer guarantee visa will enable the applicant to stay in Australia for a long time. Of course, the disadvantage of this method is that the visa itself is not enough. The employer guarantee visa needs to meet the needs of the guarantee at the same time. At present, the unemployment rate and unemployment rate in Australia are not optimistic, and the conditions for guaranteeing overseas employees are also harsh.

 

To sum up, the Australian federal government's five-year visa treatment for Hong Kong SAR passport holders is unique, and there are not many similar channels to refer to in history. We also hope that you can make the most correct judgment according to the current policy and considering your own actual situation.