By Pamela Pau, Senior Immigration Lawyer
In response to the political situation in Hong Kong, the Australian Government introduced special visa arrangements for Hong Kong and British National (Overseas) passport holders to remain in Australia, and created new pathways to permanent residency. We summarise these arrangements below.
Special visa arrangements for Hong Kong passport holders
In response to China’s National Security Law for Hong Kong which was passed on 30 June 2020, on 9 July 2020, the Australian Government announced new visa arrangements for Hong Kong passport holders to remain in Australia with pathways to permanent residency, as follows:
- Current and future students from Hong Kong who meet the requirements for a 485 visa after completing their studies will be granted a 485 visa for 5 years, with a pathway to permanent residency provided;
- Former students who already held a 485 visa on 9 July 2020 would have their visas extended for 5 years, in addition to the time they had already spent in Australia. These 485 visa holders would also have a pathway to permanent residency;
- Students who study at a regional campus will be able to access a pathway to permanent residency after 3 years;
- 457 and TSS (subclass 482) visa holders from Hong Kong who held a 457/TSS visa on 9 July 2020 would have their visas extended for 5 years, in addition to the time they had already spent in Australia. These 457/TSS visa holders would have a pathway to permanent residency;
- Future TSS visa applicants from Hong Kong who meet TSS requirements will be granted a TSS visa for 5 years, with a pathway to permanent residency.
Extension of arrangements to BNO passport holders
British National (Overseas) (BNO) is a nationality status created by the UK Government in 1987 as a result of the Hong Kong Act 1985, for Hong Kong permanent residents who had a connection with Hong Kong prior to 1 July 1997 when it was a British overseas territory.
In January 2021, the Hong Kong (SAR) Government announced it would stop recognising British National Overseas (BNO) passports as a travel document and identity document from 31 January 2021.
In response, the Australian Government introduced regulations on 28 October 2021 to ensure that the concessions for Hong Kong (HK) passport holders were extended to also apply to BNO passport holders as follows:
- The 457 visas held by primary visa holders with HK/BNO passports at the time of visa grant will remain in effect until 8 July 2025 regardless of whether the visa was granted before, on or after 9 July 2020;
- The TSS visas held by HK/BNO primary passport holders which were granted before 9 July 2020 will remain in effect until 8 July 2025;
- The TSS visas held by HK/BNO primary passport holders which were granted on or after 9 July 2020 will have a visa duration of 5 years;
- The 485 visas held by HK/BNO primary passport holders which were granted before 9 July 2020 will remain in effect until 8 July 2025;
- The 485 visas held by HK/BNO primary passport holders granted on or after 9 July 2020 and before 3 November 2021 will have a visa duration of 5 years, unless the visa was a second 485 visa. Under the current regulations, HK/BNO primary visa holders whose 485 visas are granted from 3 November 2021 onwards will have a visa duration of 5 years.
The same concessions also apply to family members of the primary visa holder who meet secondary criteria for grant of the visa, regardless of the passport they hold.
Pathways to Australian permanent residency
Two new permanent residency pathways for HK/BNO passport holders commenced on 5 March 2022.
189 visa – Hong Kong stream
The 189 visa-Hong Kong stream is for HK/BNO passport holders who hold a primary 457, 482 or 485 visa under the Hong Kong concessions, held that visa for at least 4 years and have been usually resident in Australia for a continuous period of at least 4 years immediately before applying.
191 visa – Hong Kong stream
The 191 visa is for HK/BNO passport holders who hold a primary 457, 482 or 485 visa under the Hong Kong concessions, have lived, worked or studied exclusively in a designated regional area whilst holding their qualifying visa for at least 3 years and been usually resident in Australia for a continuous period of at least 3 years immediately before applying.
Leaving aside the Hong Kong specific visa pathways, depending on their individual circumstances, Hong Kong and BNO passport holders may also be able to access other pathways including the 186 visa, points-tested visas, Business Innovation & Investment Program visas, or the Global Talent visa for exceptionally talented individuals. In addition, we note there are also Australian citizens and Australian Permanent Residents currently residing in Hong Kong with their spouses and partners who are Hong Kong citizens, who may be considering sponsoring their spouse or partner to Australia.
If you are a Hong Kong or BNO passport holder and you wish to book a consultation for us to assess your potential visa options, please contact us at [email protected].
Disclaimer: Please note the information contained in this article is current as of 20 June 2022 and is subject to change. The information contained in this article is of a general nature only and does not constitute legal advice. Individuals should not act on the basis of the information contained in this article without first seeking formal immigration law advice based on their individual circumstances.