For example, a Hong Kong passport holder has just finished a master's degree in Melbourne, and the family immediately has a string of questions. How long can they stay in Australia after graduating? After how many years can they apply for permanent residence? Do they need to pass the points test first? Can their partner and children apply too? Australia has special arrangements for holders of HKSAR passports and British National (Overseas) (BN(O)) passports that differ from those for other applicants. Used well, they can greatly shorten the pathway, but a mistake in the details can undo all the work.

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 stream and the 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 subclass 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 in the first two streams, the vocational stream usually allows up to 18 months and the higher education stream usually 2 to 3 years, while HKSAR or BN(O) passport holders get a 5-year stay in either stream.

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 are under 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 been usually resident in Australia for a continuous period of at least four years immediately 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 been usually resident in Australia for a continuous period of at least three years immediately 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

Partners (including de facto partners) and dependent children can be included as secondary applicants. Family members do not need to hold a Hong Kong passport themselves, but must meet health and character requirements. There are special arrangements for children who pass the usual 'dependent child' age while waiting, subject to specific conditions. On English, these two streams do not require the main applicant to have the 'competent English' needed for points-tested visas, but family members aged 18 or over without functional English may have to pay a second visa instalment charge.

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 standard subclass 189 Skilled Independent, subclass 190 Skilled Nominated and subclass 491 Skilled Work Regional visas all require you to lodge an Expression of Interest in SkillSelect, receive an invitation, pass the points test and skills assessment, and meet age and English thresholds; employer-sponsored pathways depend on the employer and the occupation lists. By contrast, the Hong Kong streams mainly require 'passport + eligible visa + years of residence', which gives far more certainty. But if you do not meet the eligible visa or residence requirements, general skilled migration or employer sponsorship may still be viable alternatives worth assessing at the same time.

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.

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.

Related articles

• Australia's National Innovation Visa (858): permanent residence for exceptional talent, entrepreneurs and investors
• After the 188 closed: realistic options for business owners and investors
• Skilled Migration to Australia for Professionals from Asia: Subclass 189, 190 and 491 Explained
• Employer-Sponsored Visas to Australia: The Skills in Demand (482) Visa, the 186 and Expanding Your Business
• Studying in Australia with a Parent by Your Side: Student Visa 500 and Student Guardian Visa 590
• Bringing your parents to Australia: choosing between the 143, 173, 864, 870 and other parent visas
• Before you move to Australia: a legal checklist for wealthy families

This page provides general information only and is not legal advice.

This article is part of the guide: Australian immigration solicitor - See all related guides

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