SC 491 and SC494 No Need to Wait for 3 Years to Apply for ENS SC186 – Migration Law Changes
The Department of Home Affairs informs sponsors of the Employer Nomination Scheme (ENS) (Subclass 186) visa of an important change, effective 14 December 2024, a specific requirement under clause 186.212B has been removed. This change was part of the updates made by the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024. With this repealed, visa holders of Skilled Work Regional (Subclass 491) or a Skilled Employer Sponsored Regional (Subclass 494) will be impacted for the better.
What Are the Changes for Subclass 491 and 494 Visas?
Previously, applicants for an ENS (SC 186) visa who held either a SC 491 or SC494 visa needed to have maintained that visa for a minimum of 3 years before becoming eligible for the permanent visa, except in certain circumstances. However, the recent repeal of clause 186.212B has removed this requirement.
What Does This Mean for Subclass 491 Or Subclass 494 Visa Holders?
This means that as long as the individual meets the ENS (SC 186) visa eligibility and requirements, SC491 and SC494 visa holders do not need to wait for 3 years to apply for SC 186 as their next permanent visa option.
How Can Agape Henry Crux Help
If you are interested in applying for ENS (SC 186) visa as your next visa option, and if you think you meet the abovementioned law changes, schedule a time with one of our immigration lawyers at Agape Henry Crux. The team consists of Accredited Specialist Immigration Lawyers, immigration lawyers, and migration agents who are experts in handling highly complex matters. To seek professional advice on your next visa pathway, you may schedule an appointment with one of our lawyers or agents by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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