The Australian government first announced a series of visa concessions for Hong Kong passport holders in July 2020, with the commitment that more concessions including a permanent residency pathway would be announced.

In August 2021, it was officially confirmed that these concessions would extend to BNO passport holders (British National Overseas).

On 28th October 2021, with the introduction of Migration Legislation Amendment (Hong Kong) Regulations 2021, the permanent residency pathway for Hong Kong and BNO passport holders was finally made clear.

The key date to be marked in your calendar is 5th March 2022. From this day onwards, the Hong Kong stream will be added to the following visas:

  • Subclass 189
  • Subclass 191

Subclass 189 Hong Kong Stream

When we talk about Subclass 189, most people may associate it with the very challenging points-test. However, rest assured that the points test will not be applicable if you are applying under the Hong Kong Stream. Instead, these are some of the basic eligibility requirements that a visa applicant has to meet:

  • Must hold a Hong Kong or a BNO passport;
  • Must have held one of the following visas for at least 4 years as a primary applicant:
    • Subclass 457
    • Subclass 482
    • Subclass 485
  • Substantial compliant with conditions imposed on the visa(s) held
  • Residence: must be usually resident in Australia for a continuous period of at least 4 years
  • Character and health

Unlike the New Zealand Stream, there is no income requirement.

Subclass 191 Hong Kong (Regional) Stream

Subclass 191 was introduced as part of a government initiative to encourage migrants to live and work in regional areas. It serves as a permanent residency pathway for Subclass 491 (Skilled Work Regional) visa holders if they can meet income and residence requirements.

The Hong Kong Stream under Subclass 191 visa does not require the applicant to hold a Subclass 491 visa for at least 3 years, nor pass the income test. Instead, the following eligibility requirements will apply:

  • Must hold a Hong Kong or a BNO passport;
  • Must have held one of the following visas for at least 3 years as a primary applicant:
    • Subclass 457
    • Subclass 482
    • Subclass 485
  • Substantial compliant with conditions imposed on the visa(s) held
  • Residence: must live, work and study in regional Australia for at least 3 years before the date of visa application, unless exempted under a legislative instrument
  • Character and health

Summary

We welcome the changes announced by the Australian government, which provides Hong Kong and BNO passport additional pathways to remain in Australia permanently. The requirements for Hong Kong Stream under both visa programs are also very reasonable, with no mandatory requirements such as English and income tests.

Whilst the Hong Kong stream applications are only open from March next year, we still recommend eligible applicants to start as early as possible, so that the application can be submitted with little to no minimum delay once the program commences.

For Hong Kong and BNO passports currently offshore, it is also a good time to get in touch with our visa team to discuss the possible visa pathway towards the Hong Kong stream of either Subclass 189 or Subclass 191 visa.

Get in touch with our visa team to find out your eligibility.