The Department of Home Affairs vide their email dated 21 June 2023 has informed all the migration agents that as there is no legislative instrument in place specifying a minimum income threshold for Permanent Residence (Skilled Regional) visa (subclass 191), there is no minimum income requirement for this visa. The Permanent Residence (Skilled Regional) visa in the Regional Provisional Stream is the pathway to permanent residence for eligible holders of the Skilled Work Regional (Provisional) (subclass 491) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas. This visa allows people who have lived and worked in designated regional areas of Australia on an eligible visa, live and work in Australia permanently provided that they must have complied with the conditions of their eligible visa. There was some confusion related to the requirement of minimum income threshold for Permanent Residence (Skilled Regional) visa (subclass 191). It must be noted that for Permanent Residence (Skilled Regional) visa (subclass 191), there is no minimum income requirement, as there is no legislative instrument in place specifying a minimum income threshold for this visa. The change in TSMIT would not affect the eligibility of applicants for Subclass 191 visas by changing the minimum income threshold required for eligibility. However, the primary applicants for sc191 visa must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of their eligible visa. Primary applicants who have already lodged should check and ensure their application provides these three notices. The Australian Government is committed to a simpler migration system that serves national interest and which helps migrants already living and working in Australia with the skills that Australia needs to thrive by providing clarity on their prospects for permanent residence.
Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 23/004) 2023, dated 19 June 2023 specifies the Australian dollar and exchange rate of 1.00000 for a number of fees and charges payable in relation to visa applications. The purpose of the instrument is to specify, that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar and exchange rate of 1.00000 to A number of fees and visa application charges are payable in relation to visa applications under the Regulations. Under subregulation 5.36(1A) of the Regulations, the amount of certain fees payable in a foreign currency is worked out on the basis of: The Department bi-annually reviews Acceptable Currencies and Foreign Currency Exchange Rates (AC&FCER) and accordingly updates foreign currency instruments made for paragraphs 5.36(1)(a), (b) and (1A)(a) of the Regulations. During the current bi-annual review, it was identified that due to Department progressive shift from paper applications and cash transactions to electronic applications and payments through the IMMI account platform, the number of foreign currency transactions and the use of foreign currency exchange rates have considerably reduced. Foreign currency data indicated that in the 2019-20 financial year, there were 8,081 foreign currency transactions made in 32 currencies, for a total of AUD$32.054 million. Comparatively, in the 2022-23 financial year (to 31 January 2023) there were five foreign currency transactions in one currency for a total of AUD$728. As only five foreign currency transactions have been made in the 2022-23 financial year, these were very few transactions to support the continued specification of additional foreign currencies and foreign currency exchange rates. The instrument is registered on the Federal Register of Legislation on 20 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration (Places and currencies for paying of fees) Instrument (LIN 23/005) 2023 dated 19 June 2023 repeals Migration (Places and currencies for paying of fees) Instrument (LIN 22/004) 2022 (No. 2) and specifies that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar. A number of fees and visa application charges are payable in relation to visa applications under the Regulations. Subregulation 5.36(1) of the Regulations prescribes certain requirements with respect to the payment of a fee, other than a visa application charge. The Department bi-annually reviews Acceptable Currencies and Foreign Currency Exchange Rates (AC&FCER) and accordingly updates foreign currency instruments made for paragraphs 5.36(1)(a), (b) and (1A)(a) of the Regulations. During the current bi-annual review, it was identified that due to Department progressive shift from paper applications and cash transactions to electronic applications and payments through the IMMI account platform, the number of foreign currency transactions and the use of foreign currency exchange rates have considerably reduced. Foreign currency data indicated that in the 2019-20 financial year, there were 8,081 foreign currency transactions made in 32 currencies, for a total of AUD$32.054 million. Comparatively, in the 2022-23 financial year (to 31 January 2023) there were five foreign currency transactions in one currency for a total of AUD$728. As only five foreign currency transactions have been made in the 2022-23 financial year, these were very few transactions to support the continued specification of additional foreign currencies and foreign currency exchange rates. The purpose of the instrument is to specify, that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar to The instrument is registered on the Federal Register of Legislation on 20 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023, dated 31 May 2023 amends the Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022 with the purpose to extend permanent resident status to all New Zealand citizens who hold an SCV and to backdate permanent resident status for existing SCV holders. The purpose of the instrument is to determine New Zealand citizens who hold or have held a special category visa (SCV) and have satisfied specific requirements to be permanent residents for the purposes of the Act. The instrument removes the requirement for an SCV holder to also be a ‘protected SCV holder’ within the meaning of the Social Security Act 1991. Paragraph 5(1)(c) of the Citizenship Act provides that a person is a permanent resident at a particular time if the person is covered by a determination in force under subsection 5(2) at the time. Subsection 5(2) of the Citizenship Act provides that the Minister may, by legislative instrument, determine that: and who satisfy specified requirements are, or are during a specified period, persons to whom subsection 5(2) applies. Under the new instrument (LIN 23/024) 2023): Subsection 5(2) applies to New Zealand Citizen who hold a special category visa and who has held a special category visa and is outside of Australia but not because the person was removed or deported from Australia under the Migration Act 1958; immediately before last leaving Australia, was the holder of a special category visa; or a special purpose visa taken to have been granted on the basis of the person’s status as an airline crew member or an airline positioning crew member and such person is The above arrangements do not apply to a person who is in Australia as a diplomatic or consular representative of NZ or is the spouse or dependent child of a diplomatic or consular representative of NZ. The instrument is registered on the Federal Register of Legislation on 2 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Compilation of Migration Regulations 1994 dated 1 June 2023 incorporates the amendments made by Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023. Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023 amends the Migration Regulations 1994 – Specification of a Class of Persons – IMMI 12/127 to: Divisions 200.2 and 201.2 of Schedule 2 to the Migration Regulations sets out the primary criteria for the Refugee subclass 200 visa and the In-country Special Humanitarian Subclass 201 visa, respectively. If the Minister has specified, in an instrument in writing, one or more classes of persons for paragraphs 200.211(1A)(a) or 201.211(1A)(a), and a relevant Minister has certified that the applicant is in one of those classes and at risk of harm for a reason or reasons that relate to the applicant being in a class of persons, then the applicant will meet the requirements of subclauses 200.211(1A) and 201.211(1A). IMMI 12/127 provides that citizens of Iraq or Afghanistan who were employed in-country as LEE with the Department of Foreign Affairs (DFAT), Australian Defence Force (ADF), or, in the case of Afghanistan, also the then Australian Agency for International Development (AusAID) or the Australian Federal Police (AFP), within a certain time period, and who are assessed to be at a significant risk of harm as a result of this employment, are specified as a class of persons for the purposes of subclauses 200.211(1A) and 201.211(1A) of Schedule 2 to the Migration Regulations. To improve the design and delivery of the Afghan LEE Program, a whole-of-government review of the Afghan Locally Engaged Employee program was recommended by the Senate Inquiry on Australia’s Engagement in Afghanistan. The final report of review was delivered on 20 March 2023 which led to the making of a new legislative instrument to amend IMMI 12/127 to set out criteria for eligibility for certification for Afghan locally engaged employees and remove the exclusion of those employed in a private security capacity and government and military officials, who were previously ineligible to be certified. After this removal, these classes of persons may be certified under the scheme, if they are found to be eligible Afghan LEEs at risk of harm due to their employment in support of Australia’s mission in Afghanistan. Those employed in a private security capacity and government and military officials will still need to demonstrate that they were employed with Australia to be eligible for certification under the program. The compilation is registered on the Federal Register of Legislation on 13 June 2023 and commenced on 1 June 2023. To access the compilation, click here.
Canberra Government has allocated 4,050 nomination places for the 2022-23 program year. The 2022-23 final allocation of nomination places has been equally divided between: The Canberra Government has also advised to consider the following: Canberra has a fixed number of nomination places available each month (pro-rata against the annual allocation). The highest ranked Matrix in each occupation were invited to apply for ACT nomination. The cut‑off for selection depended on the remaining monthly allocation, the date and time of Matrix submission, occupation cap and demand. The greater the demand for a particular occupation, the higher the rank of the Matrix score invited. Invitation Round: 09 May 2023 Matrix nominating Small Business Owners: 64 invitations Matrix nominating 457 visa / 482 visa holders: 07 invitations Matrix nominating Critical Skill occupations: 661 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 1,116 invitations Matrix will not be prioritised or issued invitations based on personal circumstances. This includes, but is not limited to, visa expiry dates or a change in circumstances including critical birthdays. The minimum ranking score is not a guarantee but rather an indication that an invitation was issued. Invitations were not issued if the applicants have an active application in the system or the applicants have previously received ACT nomination. The next Canberra Matrix invitation round will be held before 5 June 2023.
The Australian Government with an aim to develop a Migration Strategy to ensure the system delivers for Australians & migrants and to ensure that Australia has the skills to support the economy has made announcements in the Budget 2023-24. The following announcement have been included in the Budget 2023-24: Visa Classes Percentage increase Visitor, working holiday, work and holiday, training, temporary activity and temporary work (short stay specialist) visas 15% Business innovation and investment visas 40% Other visas 6% Pacific Engagement Visa and Pacific Australia Labour Mobility visas Exempt from increase To know more about Budget 2023, click here.
On 27 April 2023, the Minister for Home Affairs, announced expanded pathways to permanent residence for employer sponsored temporary skilled visa holders by the end of 2023. All Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them will be eligible to apply for Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa very soon. The applicants will be required to meet all the nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa except the relaxations that are proposed by the government to provide more equitable access to permanent residence to TSS visa holders including:
The Government will increase the Temporary Skilled Migration Income Threshold from the current rate of $53,900 to $70,000 from 1 July 2023 to ensure a better targeted skilled migration system. The Temporary Skilled Migration Income Threshold (TSMIT) has been increased from $53,900 to $70,000. Therefore, from 1 July 2023, the annual market salary rate for the nominated occupation and the guaranteed annual earnings the nominator will pay to the worker must be at least $70,000. However, this change will not affect existing visa holders and approved nominations lodged before 1 July 2023.
ACT Migration has made changes to ACT Nomination Guidelines, the ACT Critical Occupations List and other policy. Both the size and composition of the ACT migration program has changed considerably. These changes combined with continuing skills shortages in the ACT, have an impact on the ACT Skilled Migration program settings. Act Nomination Guidelines and Critical Skills List Update ACT Migration has made changes to the ACT Nomination Guidelines. The changes focus on making it easier for prospective migrants to apply for ACT nomination and clarifying language or current policies where necessary. Eligibility criteria have been adjusted and changes have been made to the Canberra Matrix. Also, Canberra Matrices submitted in the last six months will be assessed against the new guidelines, and if any application has been refused on or after 20 March 2023 but it would have been approved under the new guidelines, a request for reconsideration to migration@act.gov.au can be submitted. ACT Critical skills list has also been revised and will be published soon. Due to the continuing skills shortages, 128 occupations have been added to the list. One occupation has been removed. ACT Migration Processing Update The ACT received an interim allocation of 4,050 nomination places split evenly between the 491 and 190 visa for the 2022-2023 program year: As on 17 April 2023: Remaining Allocation: ACT Migration still needs to process 1,483 nominations, which may result in increase in the number of invitations, which will likely lower the minimum scores meriting an invitation. To know more, click here.