Subclass 491 – Occupation lists and assessing authorities

Legislative Instrument F2019L01402 – LIN 19/243: Migration (Specification of occupations and Assessing Authorities Amendment (LIN 19/243: Subclass 491 Visas) Instrument 2019

The purpose of the instrument is to amend LIN 19/051 to remove any references to the Subclass 489 and to substitute these with the Subclass 491, amongst the other amendments listed below:

Occupation Lists

The occupation list for the Subclass 491 is contained in LIN 19/051.

As per Part 2 subsection 7 of the Instrument, the relevant occupation list for the subclass 491 in the family nominated stream is the MLTSSL.

As per Part 2 subsection 7 of the instrument, the relevant occupation lists for the subclass 491 in the State or Territory nominated stream are the MLTSSL, STSOL and ROL.

Partner points Schedule 6D.11

From 16 November 2019, the applicant can claim 10 partner points for their spouse or de facto under Schedule 6D.11 where the partner is:

  • applying for the same subclass of visa as the primary applicant
  • is not an Australian citizen or permanent resident
  • at the time of invitation was under 45
  • at the time of invitation nominated a skilled occupation as per Item 1.15I
  • at the time of invitation had a suitable skills assessment
  • at the time of invitation had competent English

In regards to partner points for a skilled occupation for a Subclass 491 in the family-sponsored stream, the primary applicant’s spouse or de facto partner must have an occupation on the MLTSSL.

In regards to partner points for a skilled occupation for a Subclass 491 in the State or Territory stream, the primary applicant’s spouse or de facto partner can have an occupation on the MLTSSL, STSOL or ROL.

Transitional Arrangements

The transitional provisions that are contained in LIN 19/051 remain the same.

LIN 19/243 adds the following paragraph into LIN 19/051:

The amendments made by Part 1 of Schedule 1 to LIN 19/243:

(a) apply in relation to an application for a Subclass 491 (Skilled Work Regional (Provisional)) visa made on or after 16 November 2019; and

(b) do not apply in relation to an application for a Subclass 489 (Skilled—Regional (Provisional)) visa made before 16 November 2019.

Assessing Authorities

The instrument makes minor amendments to the assessing authorities for childcare center manager and podiatrist see below:

  • Changes the assessing authority for childcare center manager from TRA to ACECQA for subclass 491, subclass 189, subclass 190 and subclass 485 visa applications made after 16 November 2019
  • Changes the assessing authority for podiatrist from ANZPAC to PodBA for subclass 491, subclass 189, subclass 190 and subclass 485 visa applications made after 16 November 2019
  • The instrument maintains the assessing authorities for the occupations of childcare center manager and podiatrist as TRA and ANZPAC respectively for skills assessments that occur prior to 16 November 2019.
  • Clarifies LIN 19/051 by stipulating that the Assessing Authority for physicist (234914) is VETASSESS except for a Medical Physicist which is ACPSEM.

This instrument commences on 16 November 2019.

Subclass 491 and 494-Bridging visas

Legislative Instrument- F2019L01459- LIN 19/296: Arrangements for Applications for Bridging Visas) Amendment Instrument 2019

This Instrument specifies the requirements for bridging visas and amends LIN 19/186 to include the Subclasses 491 and 494 visas.

This Instrument specifies Forms 491D and 494V (Internet) as approved forms for Bridging A and Bridging C visa applications.

This Instrument specifies approved form 494V for Bridging A and Bridging C visa applications for applicants who have been authorized to lodge paper applications for specified reasons such as issues with ImmiAccount.

RCB closures for RSMS DE certifications

Following MIA representation to the Department regarding RCBs closing RSMS DE certification services for Subclass 187 visas, the Department contacted the RCBs to notify that there was no legislative requirement preventing RCBs certifying RSMS DE nomination applications after 16 November 2019.

The Department’s RCB NewsFlash sent to the RCBs on 22 October 2019 is available here. Any MIA members having difficulty with any RCB on this issue are invited to contact the MIA Professional Support team for assistance.

BSMQ – Occupations removed from QSOL November 2019

Due to high demand and quota being met for the following occupations, they will be removed from the QSOL’s detailed below, when the skilled program re-opens in the coming weeks. The entire skilled program will re-open for both subclass 190 and subclass 491 visas. The exact date of the skilled program re-opening is yet to be confirmed.

Onshore and Offshore IT

  • ICT Business Analyst 261111
  • Systems Analyst 261112
  • Developer Programmers 261312
  • Software Engineers 261313
  • Software and Applications Programmers 261399
  • ICT Security Specialist 262112
  • Computer Network and Systems Engineer 263111
  • Analyst Programmer 261311

Onshore – Accounting

  • Accountant (General) 221111
  • Management Accountant 221112
  • Taxation Accountant 221113
  • External Auditor 221213
  • Internal Auditor 221214

Offshore – Engineering

  • Civil Engineer 233211
  • Mechanical Engineer 233512
  • Electrical Engineer 233311
  • Engineering Technologist 233915

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Source from:

https://www.mia.org.au/membersresources/mia-notices/mia-notice-106–14-november-2019#
https://www.legislation.gov.au/Series/F2019L00278