For example, a Hong Kong passport holder has just finished a master's degree in Melbourne, and the family immediately has questions: how long can she stay after graduating? When can she apply for permanent residence? Does she need to pass the points test? Can her partner and children be included? Australia has a set of arrangements for holders of Hong Kong SAR passports and British National (Overseas) (BN(O)) passports that differ from the general rules. Used well, they can greatly simplify the path; get the details wrong, and years of planning can unravel.
Where the Hong Kong arrangements come from
On 9 July 2020 the Australian Government announced visa measures for Hong Kong SAR and BN(O) passport holders, including a longer stay on the subclass 485 Temporary Graduate visa and pathways to permanent residence for temporary skilled and graduate visa holders already in Australia. The two permanent pathways —the subclass 189 Hong Kong streamandthe subclass 191 Hong Kong (regional) stream— opened on 5 March 2022.
The 485 Temporary Graduate visa: five years for Hong Kong passport holders
Since 1 July 2024 the 485 visa has had a Post-Vocational Education Work stream, a Post-Higher Education Work stream, and a Second Post-Higher Education Work stream for graduates of regional institutions. For most applicants the vocational stream generally allows up to 18 months and the higher education stream usually two to three years. Hong Kong SAR and BN(O) passport holders can receive a stay of five years in either of the first two streams.
The same reforms cut the general age limit to 35 or under, but Hong Kong SAR and BN(O) passport holders kept an exception: they can apply if they areunder 50. Otherwise the usual criteria apply, including holding or having held a student visa, completing study that meets the Australian study requirement, applying within the required time and meeting English, health and character requirements.
Subclass 189 Hong Kong stream: four years' continuous residence
This permanent pathway requires no invitation, no points test, no skills assessment and has no upper age limit. The core requirements are that you hold a Hong Kong SAR or BN(O) passport when you apply; hold, as the primary visa holder, a qualifying subclass 457, 482 or 485 visa covered by the Hong Kong concessions (or a bridging visa that follows one); have beenusually resident in Australia for a continuous period of at least four yearsimmediately before applying; and have substantially complied with your visa conditions.
Take particular care here. How the four years are counted, whether earlier time on a student visa or another visa can be included, and whether time overseas breaks "continuous" residence all need to be checked against your full visa history — never assume.
Subclass 191 Hong Kong (regional) stream: three years in a regional area
The 191 Hong Kong (regional) stream also requires no invitation or points test, but you must have beenusually resident in Australia for a continuous period of at least three yearsimmediately before applying, and during those three years you must have lived, worked and studied only in designated regional areas. Melbourne, Sydney and Brisbane are not designated regional areas, so this pathway suits families prepared to build their lives in regional cities such as Geelong, Ballarat or Bendigo.
Family members and timing
Your partner (including a de facto partner) and dependent children can be included as secondary applicants. They do not need to hold a Hong Kong passport, but they must meet health and character requirements. There are special provisions for children who pass the usual dependent-child age while waiting, subject to specific conditions. These streams do not require the primary applicant to show the "competent English" of the points-tested streams, but family members aged 18 or over without functional English may need to pay a second visa instalment.
For example, a Hong Kong graduate granted a five-year 485 visa at 30 stays in Melbourne to work. After four years, if they still hold that 485 and have lived in Australia continuously, they may be able to lodge a 189 Hong Kong stream application before the visa expires. If they spend long periods offshore, have a gap between visas, or switch to another visa along the way, the timetable can fall apart.
How these compare with other skilled options
The general 189, the state-nominated 190 and the regional 491 visas all require an expression of interest in SkillSelect, an invitation, a points test, a skills assessment, and age and English thresholds; employer-sponsored routes depend on an employer and occupation lists. The Hong Kong streams turn mainly on "passport + qualifying visa + residence period", which gives far more certainty. If you do not meet the qualifying-visa or residence requirements, though, the general skilled and employer-sponsored routes remain real alternatives worth assessing in parallel.
Practical checklist
- Confirm whether you hold a Hong Kong SAR or BN(O) passport, and that it is valid when you apply.
- Check your 485 grant date, stream and expiry, and confirm whether it is covered by the Hong Kong concessions.
- Gather your full travel history and calculate your continuous residence.
- If considering the 191 stream, confirm that you lived, worked and studied only in designated regional areas for the past three years.
- Avoid visa gaps at critical points, and assess the impact on your residence period before changing visas.
- Prepare identity, relationship, health and character documents for family members early.
Frequently asked questions
Are BN(O) passport holders treated the same as Hong Kong SAR passport holders?
For the five-year 485 stay, the age exception and the 189/191 Hong Kong streams, both passports are covered. Individual cases still need to be checked against passport and visa records.
What is the 485 age limit for Hong Kong passport holders?
Since 1 July 2024 most applicants must be 35 or under, but Hong Kong SAR and BN(O) passport holders can apply if they are under 50.
Do the Hong Kong streams need a points test or skills assessment?
No. Neither the 189 Hong Kong stream nor the 191 Hong Kong (regional) stream requires an invitation, points test or skills assessment, and there is no upper age limit — but the residence and qualifying-visa requirements must be met strictly.
Do my years as a student in Australia count towards the four years?
There is no blanket answer. The rules define qualifying visas and "usual residence" specifically, so this must be checked against your full visa history — ideally at the planning stage.
Can I apply for the 191 Hong Kong (regional) stream if I live in Melbourne?
No. The 191 stream requires that you lived, worked and studied only in designated regional areas for the three years before applying, and Melbourne is not a designated regional area.
Chua Tan Associates has practised in Melbourne since 1990. Our team includes two Law Institute of Victoria Accredited Specialists in Immigration Law, and we advise in Mandarin, Cantonese and English. Whether you are still weighing your options in Hong Kong or already working in Australia on a 485 visa and counting down to permanent residence, you can meet us in person at our Melbourne CBD office at 262 Queen Street or consult by video from overseas. Call 03 9602 3988 or contact us online.
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This article is general information only and is not legal advice.
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