On 30 October 2021, legislative changes were made to create special visa pathways for Hong Kong nationals that either held a Hong Kong Special Administrative Region Passport or a British National (Overseas) passport.
Initial Announcement of the special visa pathways for Hong Kong nationals
On 09 July 2020, announcements were made that Australia would implement special visa arrangements for people from Hong Kong in light of the political situation in Hong Kong.
Effective from the date of that announcement, temporary graduate and skilled work visa holders from Hong Kong immediately received an automatic extension to their visa for an additional 5 years from 09 July 2020.
Although some changes took place, the rest of the changes were never implemented nor introduced into the law until a stunning development occurred on 30 October 2021.
Who is eligible for the Hong Kong special visa pathways?
- Hong Kong (HK) SAR Passport Holder; or
- British National (Overseas) Passport holder
Summary of Special Visa Pathways for Hong Kong Nationals
These changes are separated into two stages. In stage 1, certain temporary visas of a HK national would be automatically extended for 5 years allowing them more time to live, study or work in Australia.
Once they have resided in Australia for a specified amount of time, the special visa pathways leads them to permanent visa options in Stage 2. This can either be 4 years residence in metropolitan Australia or can be shortened to 3 years if the person chooses to reside in a designated regional area.
The permanent visa option is quite straightforward and no longer requires any points test, work experience requirement, occupation etc. These are summarised below.
Stage 1
These changes take effect from 09 July 2020.
| Visa Type | Who does it apply to? | What are the changes? |
| Subclass 482 |
An eligible passport holder who:
|
Their visa will be automatically extended until 09 July 2025. This applies to the secondary visa holders (dependents) even if they are not an eligible passport holder. |
| Subclass 482 |
An eligible passport holder who is granted a subclass 482 visa on or after 09 July 2020. |
Their visa will be granted for a period of 5 years regardless of which stream they applied for. |
| Subclass 457 | An eligible passport holder who held a subclass 457 visa that is in effect on or after 09 July 2020. | Their visa will be automatically extended until 09 July 2025. |
| Subclass 485 |
An eligible passport holder who:
|
Their visa will be automatically extended until 09 July 2025. This applies to the secondary visa holders (dependents) even if they are not an eligible passport holder. |
| Subclass 485 |
An eligible passport holder who is granted a subclass 485 visa on or after 09 July 2020 and before 03 November 2021.
* It is expected that administrative arrangements would be put in place by 03 November 2021 to ensure that al visas for eligible passport holders will automatically be granted for a period of 5 years regardless of which stream they apply for. |
Their visa will be granted for a period of 5 years. This applies to the secondary visa holders (dependents) even if they are not an eligible passport holder. |
Stage 2 – PR pathways
These changes take effect from 05 March 2022.
| Visa Type | Who does it apply to? | What are the requirements to apply for PR? |
| Subclass 189 |
Any eligible passport holder:
* does not apply to 457 visa holder |
|
| Subclass 191 |
Any eligible passport holder:
* does not apply to 457 visa holder |
|
The above should not be taken as exhaustive legal advice as each person’s circumstances are different and the legal requirements can also apply differently.
If you hold a HK SAR or British National (Overseas) passport, we recommend that you consult an immigration lawyer for advice and migration planning to ensure that you can utilise the special visa pathways for HK Nationals. It is always a good idea to plan ahead.
Click here to book in a consultation with one of our lawyers today: BOOK A CONSULTATION
Was this article helpful?
Need to consult with us? Book an appointment today.
Our team will give you expert advice that has been specifically tailored to your case.
Successful Cases
Turning the Tide: Tribunal Overturns Visa Refusal, Unlocking New Opportunities for a Genuine Student
5 March 2025
Domestic Violence: Passed character requirements/VACCU
31 August 2023
Appeal won: student visa refusal based on GTE requirements
24 November 2022
Obtaining work permission on a bridging visa
28 October 2021
Global Talent Independent Program – Fast-track Invitation
10 September 2021Related news
Shifting Immigration Landscape: How Ministerial Direction No. 111 Redefines Processing Priorities for International Students
2025 Major Changes to Australia’s 482 and 186 Visas: What Skilled Workers Need to Know!
Increase Skilled Visa Income Thresholds from 1 July 2025
How we will help
Free Assessment
Please call us or fill in the questionnaire here for a free initial assessment. After a simple communication, we will understand your concerns and visa requirements in detail, and then provide a timely and comprehensive professional consultation with tailor-made plans.
Consultation
Our consultations are typically 45-60 minutes long, which allows us to provide you with a detailed strategy to address the needs and concerns you raised with us during the initial call.
Our fee is $400 + GST for the full session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.
Developing and Managing a Strategy
During our consultation session, we will go through in more detail your background and circumstances to ensure that we can provide a tailored solution to your problems and making sure that you meet all the legal requirements. If we notice any potential issues, we will also immediately formulate a solution.
We’ll also balance time required, cost and difficulty and allow you choose the most appropriate strategy. We will then attend to all visa application matters on your behalf.