A new direct pathway to Australian citizenship for eligible New Zealand citizens living in Australia has been announced by Prime Minister Anthony Albanese, and the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs. From 1 July 2023, New Zealand citizens holding a Special Category Visa (subclass 444) will be able to apply directly for citizenship without becoming permanent residents first, subject to meeting other eligibility requirement including a four-year residence requirement. It means that the New Zealand Citizens who have been living in Australia for four years are not required to first apply for a permanent residency, to apply for citizenship. From 1 July onwards: However, these provisions will not be applicable to citizenship applications submitted before 1 July 2023. If an application is submitted before this date and the applicant doesn’t meet the eligibility requirement, the application will be refused. These changes have been introduced to ensure viable pathways to Australian citizenship for New Zealand citizens living in Australia. This reflects the deep and strong connection between Australia and New Zealand and further strengthens the connection between the two.
Migration (Fees for assessment of qualifications and experience) Instrument (LIN 23/002) 2023 dated 21 March 2023 specifies the various fees payable to Trades Recognition Australia, under subregulation 5.40(1) of the Migration Regulations 1994. Trades Recognition Australia (TRA) provides a skills assessment service for people with trade skills gained overseas or in Australia for the purpose of visa applications for which a person requires assessment of their occupational or educational qualifications or experience. The instrument specifies the various fees payable to an Assessing Authority, Trades Recognition Australia, for an application for assessment of a person’s occupational qualifications, experience, or both, and educational qualifications or for the internal review of an assessment. The updated fee for Trades Recognition Australia assessment under this instrument is specified below: Item Assessment Fee 1 Migration Skills Assessment $795 2 Migration Points Advice (based on a satisfactory Migration Skills Assessment Outcome) $450 3 Job Ready Program Provisional Skills Assessment $130 4 Job Ready Program Employment Assessment $490 5 Job Ready Program Workplace Assessment $2,845 6 Job Ready Program Final Assessment $75 7 TSS Skills Assessment Program Documentary Evidence Assessment $1,120 8 TSS Skills Assessment Program Documentary Evidence—Reassessment $450 9 TSS Skills Assessment Program Technical Interview—Pathway 1 $2,000 10 TSS Skills Assessment Program Technical Interview—Pathway 1 – Reassessment $1,000 11 TSS Skills Assessment Program Technical Interview—Pathway 2 $900 12 TSS Skills Assessment Program Technical Interview—Pathway 2 – Reassessment $450 13 TSS Skills Assessment Program Practical Assessment $2,200 14 TSS Skills Assessment Program Practical Assessment—Reassessment $1,100 15 Offshore Skills Assessment Program Documentary Evidence Assessment $1,120 16 Offshore Skills Assessment Program Documentary Evidence – Reassessment $450 17 Offshore Skills Assessment Program Technical Interview — Pathway 1 $2,000 18 Offshore Skills Assessment Program Technical Interview — Pathway 1 – Reassessment $1,000 19 Offshore Skills Assessment Program Technical Interview — Pathway 2 $900 20 Offshore Skills Assessment Program Technical Interview — Pathway 2 – Reassessment $450 21 Offshore Skills Assessment Program Practical Assessment $2,200 22 Offshore Skills Assessment Program Practical Assessment — Reassessment $1,100 The updated fee for the internal review of an assessment under this instrument is specified below: Item Matter Fee 1 Migration Skills Assessment $610 2 Migration Points Advice $375 3 Job Ready Program Provisional Skills Assessment $130 4 TSS Skills Assessment Program Documentary Evidence Assessment $700 5 TSS Skills Assessment Program Technical Interview $700 6 TSS Skills Assessment Program Practical Assessment $700 7 Offshore Skills Assessment Program Documentary Evidence Assessment $700 8 Offshore Skills Assessment Program Technical Interview $700 9 Offshore Skills Assessment Program Practical Assessment $700 The instrument is registered on the Federal Register of Legislation on 23 March 2023 and commenced on 24 March 2023. It is currently in force. To access the instrument, click here.
Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023 [the Instrument] dated 30 March 2023 repeals the Migration Regulations 1994 – Specification of Evidentiary Requirements – IMMI 12/116 and specifies the type and number of items of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations 1994. The instrument specifies the different types of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations. For each of the types of evidence mentioned below, the instrument describes the items of evidence that can be provided. For example, a statutory declaration, a report, a letter, or other forms of documentation such as risk assessments, records or hospital discharge summaries. The instrument also specifies that a minimum of two items of evidence are required and each must be of a different type. The instrument specifies the following types of evidence: The new measures introduced by the instrument includes: The instrument is registered on the Federal Register of Legislation on 30 March 2023 and commenced on 31 March 2023. It is currently in force. To access the instrument, click here.
Migration (Securities in which an investment is a designated investment) Instrument (LIN 23/018) 2023 dated 28 March 2023, repeals Migration Regulations 1994 – Securities in which an investment is a designated investment for the purposes of Subclasses 162, 165, 188, 405, 888, 891 & 893 –IMMI 12/106; and specifies security issued by an Australian Government State or Territory government authority as a security in which an investment is a designated investment for the purposes of certain visas. The instrument specifies a list of securities as well as their issuing authority, the investment in which will be regarded as designated investment for the purposes of: Item Security Issuing Authority 1 Government Bonds of Victoria Treasury Corporation of Victoria 2 NSW Treasury Bonds Waratah Bonds New South Wales Treasury Corporation 3 Queensland Bonds Queensland Treasury Corporation 4 Queensland Industry Bonds Queensland Industry Development Corporation before 1 December 1996 5 TASCORP Inscribed Stock Tasmanian Public Finance Corporation 6 Territory Bonds Northern Territory Treasury Corporation 7 Western Australian State Bonds Western Australian Treasury Corporation 8 South Australian Government Financing Authority Bonds South Australian Government Financing Authority The Subclass 405 visa is closed to new applications, however there are still applications in progress. From 1 July 2021, as a result of amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021, applicants for the Subclass 188 visa in the Investor stream are no longer required to make a designated investment except those, whose applications were made before 1 July 2021 and those applications are still in progress. The instrument does not specify the Subclass 162 (Investor (Provisional)) visa and the Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa, which were earlier specified in IMMI 12/106 as theses subclasses are closed to new applications and there are no applications in progress. The instrument is registered on the Federal Register of Legislations on 30 March 2023 and commenced on 31 March 2023. It is currently in force. To access the instrument, click here.
Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023 [the Regulations] dated 30 March 2023, amends the Migration Regulations 1994 to enable applicants who were refused, a Partner (Provisional) (subclass 309) visa, to apply for merits review of that refusal at the Administrative Appeals Tribunal. The applicants for a Subclass 309 (Partner (Provisional) visa must usually be outside Australia to apply for and be granted the visa but under the Migration Amendment (2021 Measures No.1) Regulations 2021, COVID-19 concession provisions were inserted into the Migration Regulations to allow for the grant of a Subclass 309 visa in Australia. These regulations retained the position that the applicants sponsor has the right to seek merits review of a refusal decision, to align with the merits review rights of Subclass 309 applicants who were unaffected by COVID-19 concession provisions. On 20 August 2022, the Migration Amendment (Subclass 100 and 309 Visa) Regulations 2022 inserted ‘relationship cessation provisions’ (RCPs) into the Migration Regulations for Subclass 309 applicants who can be granted their visa in Australia under the COVID-19 concession. The Regulations allow Subclass 309 applicants who are in Australia and who could be granted their visa in Australia under the COVID-19 concession provisions, to have standing to seek merits review by the AAT if the visa application is refused. This addresses the issue that a sponsor may be unwilling, or unable, to apply for merits review if their relationship with the applicant has ceased. This Amendment Regulations provides the right to the subclass 309 concession cohort, to seek merits review of a refusal decision. The instrument is registered on the Federal Register of Legislation on 3 April 2023 and commenced on 4 April 2023. It is currently in force. To access the instrument, click here.
Compilation of Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 [Compilation] dated 29 December 2022 incorporates the amendments made by Migration (International trade obligations relating to labour market testing – India-Australia Economic Cooperation and Trade Agreement) Amendment Determination (LIN 22/105) 2022 to insert one additional international trade agreement, namely the India Australia Economic Cooperation and Trade Agreement (IAECTA), in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The instrument determines Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out a condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Further, subsection 140GBA(1) provides that the labour market testing condition will not apply to a nomination by a person if it will be inconsistent with any international trade obligation of Australia determined in a legislative instrument made under subsection 140GBA(2). For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: The instrument has inserted one additional international trade agreement, namely the India-Australia Economic Cooperation and Trade Agreement (IAECTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and India is called IAECTA. To implement the IAECTA, the Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 amended the Customs Act 1901 (the Customs Act). The compilation is registered on 17 March 2023 and commenced on 29 December 2022. It is currently in force. To access the compilation, click here.
Compilation of Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 [Compilation] dated 14 February 2023 incorporates the amendments made by Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023 [Instrument] to update the eligibility requirements including the approved form and manner to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa by the applicants who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE). The instrument updates the eligibility requirements for certain classes of applicants to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa. It specifies the eligibility requirements including the approved form and manner to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa by the applicants who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE). The instruments specifies that for item 1403 and 1404 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa respectively by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa must be made using the approved form 866 in internet or paper format. It can be made as an internet application or in case, it cannot be made as an internet application, by using form 866 with sufficient postage to the specified departmental address in Sydney which is: “Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001.” The compilation is registered on the Federal Register of Legislation on 17 March 2023 and commenced on 14 February 2023. It is currently in force. To access the compilation, click here.
Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument (LIN 23/020) 2023 [Instrument] dated 15 March 2023 specifies all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purpose of applying for a Subclass 600 Visitor visa in the Approved Destination Status (ADS) stream by the citizen of People’s Republic of China and repeals the Migration Regulations 1994 – Specification of Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008. The purpose of this instrument is to list all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purposes of subclause 600.251(2) of the Migration Regulations. Subclause 600.251(1) of Schedule 2 to the Migration Regulations requires that an applicant for a Subclass 600 Visitor visa in the Approved Destination Status (ADS) stream be a citizen of the People’s Republic of China (PRC). In addition, Subclause 600.251(2) of Schedule 2 to the Migration Regulations also requires the same citizen to be a resident in an area of PRC including provinces, municipalities and autonomous regions in Mainland China specified by the Minister in an instrument in writing. The Instrument list the following provinces, municipalities, and autonomous regions in PRC as specified areas for the purposes of subclause 600.251(2) of Schedule 2 to the Migration Regulations. Provinces Item Provinces Item Provinces 1 Anhui 12 Jiangsu 2 Fujian 13 Jiangxi 3 Gansu 14 Jilin 4 Guangdong 15 Liaoning 5 Guizhou 16 Qinghai 6 Hainan 17 Shaanxi 7 Hebei 18 Shandong 8 Heilongjiang 19 Shanxi 9 Henan 20 Sichuan 10 Hubei 21 Yunnan 11 Hunan 22 Zhejiang Municipalities Item Municipalities 1 Beijing 2 Chongqing 3 Shanghai 4 Tianjin Autonomous Regions Item Regions 1 Guangxi Zhuang 2 Inner Mongolia 3 Ningxia Hui 4 Tibet 5 Xinjiang Uygur The instrument repeals Migration Regulations 1994 – Specification of Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008 but maintains the arrangements in place under that Instrument. The instrument is registered on the Federal Register of Legislation on 16 March 2023 and commenced on 17 March 2023. It is currently in force. To access the instrument, click here.
Office of the Migration Agents Registration Authority (OMARA) vide their email dated 3 March 2023 with subject line ‘AAT – New Migration and Refugee Practice Direction and President’s Direction’ has informed all the registered migration agents about the new Migration and Refugee Practice Direction and revised President’s Direction – Prioritising Cases in the Migration and Refugee Division. The new Migration and Refugee Practice Direction given under section 18B of the Administrative Appeals Tribunal Act 1975 replaces the Migration and Refugee Matters Practice Direction (dated 1 August 2018) and the COVID – 19 Special Measures Practice Direction – Migration and Refugee Division (dated 2 March 2021) with an up to date, streamlined document that is set out in chronological order from lodgement to hearing. The purpose of this Direction is to set out the AAT’s requirements and expectations of applicants and representatives in relation to the conduct of reviews in the Migration and Refugee Division. The new Direction not only sets out the Tribunal’s current requirements but also contains information that will assist applicants and representatives prepare evidence and submissions. It applies to applications for review of decisions in the AAT’s Migration and Refugee Division. The revised President’s Direction – Prioritising Cases in the Migration and Refugee Division given under section 18B of the Administrative Appeals Tribunal assists the Registry with prioritisation of the Migration and Refugee Division’s caseload. This Direction applies to cases that are dealt with in the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT) and is intended to ensure consistency and fairness in the AAT’s approach to the prioritisation of cases in this Division. According to this Direction following applications are to be given the highest priority: The next highest priority will be given to: Priority for all other applications, except the above mentioned, is to be determined by date of lodgement of the application for review. To know more about Migration and Refugee Practice Direction, click here. To know more about President’s Direction – Prioritising Cases in the Migration and Refugee Division, click here.
Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 [‘the Compilation’] dated 14 February 2023 incorporates the amendments made by Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023) [‘the Amendment Instrument’] dated 10 February 2023 to update the approved place, manner and form of a valid application for a Resolution of Status (Class CD) visa. Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 specifies the approved place, manner and form of a valid application for a Confirmatory (Residence) (Class AK) visa, Resolution of Status (Class CD) visa, Border (Temporary) (Class TA) visa, Transit (Temporary) (Class TX) visa. Following changes have been made to the Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 by Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023: 1) Item 1 of Schedule 1 of the amendment instrument inserts the definition of ImmiAccount after the definition of ‘Department’: ‘ImmiAccount means the Department of Home Affairs’ interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.’ 2) Item 2 of Schedule 1 of the amendment instrument substitutes section 7 of IMMI 18/089 with a new provision stating that an application for a RoS visa must be made by completing approved form 1364 (Internet) and making an Internet application, or by completing form 1364 and posting the application to the specified address if the applicant has been authorised to do so by an officer of the Department. 3) Item 3 of Schedule 1 of the amendment instrument repeals Schedule 2 to IMMI 18/089 The amendments are intended to support the Government’s policy of transitioning certain persons who hold or have held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa to a RoS visa. The instrument will enable those persons to apply for a RoS visa by directing their applications to a specified address of the Department of Home Affairs. The compilation is registered on the Federal Register of Legislation on 7 March 2023 and commenced on 14 February 2023. It is currently in force. To access the compilation, click here.