Explanation of Skilled Migrant for Spousal Exemption

Jun 25 / Mark Grahame

The 19AB Spousal Exemption for applicant Doctors with a non-Doctor spouse requires the spouse to have a “Skilled Migration Visa”.

The relevant regulations are the Health Insurance (Section 19AB Exemptions Guidelines Determination 2019 and the Migration regs.
Under the Health Insurance (Section 19AB Exemptions Guidelines) Determination 2019, General Skilled Migration visa has the meaning given by the Migration Regulations 1994.

The Migration Regulations define General Skilled Migration visa as ‘a Subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 491, 885, 886 or 887 visa, granted at any time’ (reg 1.03).”

This is outdated as many of the visas are either closed to new applications or not relevant for health professionals.

This is the status of those visas. 

Able Medico consulted with 19AB, provided an analysis of the visa status and asked if the Department would take into account replacement “skilled migration” visas. 19AB are empowered to do so under s6(3)g where the Delegate can take into account significant matters.

19AB did NOT consider the fact that the majority of visas are closed or not relevant were significant. This decision has thwarted the intent of the legislation to grant a Spousal Exemption to a Doctor and their non-Doctor spouse.

Visas listed on the Department of Home Affairs web site as “skilled migration visas” comprise:

Points-Tested Visas (General Skilled Migration): These visas are highly sought after and require you to submit an Expression of Interest (EOI) through SkillSelect and be invited to apply. These visas are recognised by 19AB. 
• Skilled Independent (subclass 189) visa
• Skilled Nominated (subclass 190) visa
• Skilled Work Regional (Provisional) (subclass 491) visa

Employer-Sponsored Visas: These visas require an Australian employer to sponsor you. These visas are NOT RECOGNISED by 19AB.
• Employer Nomination Scheme (subclass 186) visa
• Temporary Skill Shortage (subclass 482) visa (TSS visa)
• Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa

Other Skilled Visas: These visas are NOT RECOGNISED by 19AB.
• Permanent Residence (Skilled Regional) visa (subclass 191)
• Temporary Graduate (subclass 485) visa
• Skilled Recognised Graduate (subclass 476) visa
• Training (subclass 407) visa

The key points for a Spousal Exemption with a non-Doctor spouse are:

  • Check the visa type held by the Spouse
  • Be prepared to appeal an adverse decision under 19AC
  • Be prepared to approach the Minister with a complaint
Relevant chapter: 4PR425 19AB Spousal Exemption for Doctors with a Professional Spouse.
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