Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022 incorporates the amendment made by Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 dated 15 February 2023 to update LIN 22/019 to reflect changes to the approved form, place and manner for making an application for a Special Eligibility (Class CB) visa application. The instrument specifies the arrangements for making a valid application for a Special Eligibility (Class CB) visa (class CB visa) and for a Resident Return (Temporary) (Class TP) visa (Class TP visa) under items 1128, 1118A and 1216 of Schedule 1 to the Regulations. The instrument specifies the approved form, place and manner for making an application for each class of visa. Section 4 of the instrument specifies the arrangements for making an application for a Class CB visa and provides that an application must be made using for 47SV and must be posted, with sufficient prepaid postage to the specified address, which previously was Locked Bag 7 Northbridge WA 6865 Australia. Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 specifies the changes to the approved form, place and manner for making an application for a Special Eligibility (Class CB) visa application. It amends the section 4 of LIN 22/019 to change the address to which an application for a Special Eligibility (Class CB) visa must be sent. According to the new arrangements, an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to Subclass 151 Visa Application Department of Home Affairs PO Box 9984 Sydney NSW 2001 Australia. All other arrangements previously in place under LIN 22/019 will remain unaffected and continue to be in force. The instrument is registered on the Federal Register of Legislation on 1 April 2022 and is currently in force. To access the instrument, click here.
Compilation of Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 dated 29 October 2022 incorporates the amendments made by Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) to remove specification of Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa as it has been repealed by the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations). The commencement of the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations) on 1 October 2022, repealed the Australian Agricultural Worker stream from the Subclass 403 (Temporary Work (International Relations)) visa streams. However, prior to the commencement of this instrument, the Subclass 403 visa had six streams: LIN 22/009 specifies the manner of making an application including the approved forms for the above-mentioned visa streams of Subclass 403 visa. The purpose of Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) is to remove references in LIN 22/009 to the Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa (Subclass 403 visa), which is the only subclass for the Temporary Work (International Relations) (Class GD) visa. As the Australian Agricultural Worker stream has been repealed, the stream will no longer be specified in LIN 22/009. Other than the removal of the Australian Agricultural Worker stream, there is no change to the arrangements specified in LIN 22/009 for other streams of the Subclass 403 visa. The compilation is registered on the Federal register of Legislation on 1 March 2023 and commenced on 29 October 2022. It is currently in force. To access the full compilation, click here.
Compilation of Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 [ “the Compilation”] dated 14 February 2023 incorporates the amendment made by Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 23/019) 2023 to specify approved form for making bridging visa applications and to make amendments consequential to the making of the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 (the Amendment Regulations). The instrument prescribes form 1364 (Internet) for online application for a Bridging A (Class WA) visa (BVA), a Bridging C (Class WC) visa (BVC), and a Bridging E (Class WE) visa (BVE). The purpose of the introduction of the online lodgement method is to: In cases where the applicants for a BVA BVC or BVE are not able to access the online lodgement or are unable to apply via Immiaccount, they can apply by using an approved paper form by emailing to bv.abc.lodgement@homeaffairs.gov.au provided that the applicant has received a written notice to do so by the Department and must attach such notice with the application form. However, the changes in the lodgement options only apply to the BVA, BVC or BVE visa applications and doesn’t affect the lodgement procedure for Bridging B (Class WB) visa, Bridging D (Class WD) visa, or Bridging F (Class WF) visa applicants. Furthermore, the instrument makes consequential amendments to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023. The Amending Regulations excludes potential applicants holding a Subclass 785 (Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise) visa (SHEV) from using Form 1364 and Form 1364 (Internet) to apply for a BVA, BVC or BVE as a Bridging visa is not required by these applicants to maintain their status as lawful non-citizens. The compilation is registered on the Federal Register of Legislation on 2 March 2023 and commenced on 14 February 2023. It is currently in force. To access the full 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 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: 22 February 2023 Matrix nominating Small Business Owners: 25 invitations 457 visa / 482 visa holders: 08 invitations Matrix nominating Critical Skill occupations: 478 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 408 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 27 March 2023. 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: 22 February 2023 Matrix nominating Small Business Owners: 25 invitations 457 visa / 482 visa holders: 08 invitations Matrix nominating Critical Skill occupations: 478 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 408 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 27 March 2023.
From 1 July 2023, international higher education graduates with eligible qualifications will be granted an extra two years of post-study work rights and also allowable work hours cap for student visa holder will be increased from 40 hours to 48 hours per fortnight to address skills shortages and assist in Australia’s economic recovery and growth. The Government has also released a list of occupations and qualifications enabling graduates to access greater work rights that mostly includes health teaching, engineering and agricultural fields. The visa will be extended for 2 years which means eligible graduates with a valid Temporary Graduate Visa on 1 July 2023 or who apply for a Temporary Graduate Visa after 1 July 2023, will be considered for the two years extension. Graduates with a Bachelor, Honours or Master’s degree will be eligible for a visa with a further two year extension post study work rights if their qualification is listed on the Department of Education’s ‘Eligible Qualifications List (EQL)’. In addition, transitional arrangements are also in place to support other graduates. Temporary Graduate visa holders in Australia whose visas expired or will expire between 1 September 2022 and 1 July 2023, or Temporary Graduate visa holders who were in Australia throughout the pandemic period and are therefore not eligible for the TGV Replacement stream, may be eligible for the COVID-19 Pandemic Event (subclass 408) visa with a 2-year stay period provided that the applicant is working in Australia or have an offer of employment. The applicant must apply 90 days before their TGV expires, or 28 days after their TGV expires to be eligible for a Pandemic event visa. Furthermore, from 1 July 2023 the Government will increase the allowable work hours cap from 40 hours per fortnight to 48 hours per fortnight to help students to support themselves financially, gain valuable work experience and contribute to Australia’s workforce needs while they study. To access the Eligible Qualifications List (EQL),click here.
Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Regulations 2023 dated 16 February 2023 amends the Migration Regulations 1994 to specify members of the Fijian as well as the Timor-Leste armed forces and civilian component, and their dependants, who come under the SOFA (Status of Forces Agreement) to be taken to have been granted a Special Purpose visa (SPV) to travel to, enter and remain in Australia to carry out official duties. Status of Forces Agreement relating to the cooperation between Australia and Fiji and Australia and Timor-Leste, were signed on 20 October 2022, and 7 September 2022, respectively. These Agreements come into force when final implementation steps are taken by the relevant countries. Under Article 24 of the Fiji Agreement and Article 5 the Timor-Leste Agreement, the SOFAs enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to the Agreements have been completed. In addition, under Fiji SOFA and Timor-Leste SOFA, there is a requirement of the receiving country to facilitate entry and stay of the visiting force, civilian components, and their dependants, to perform official duties under the SOFA, without the requirement to apply for a visa. The Regulations implement the above stated requirement of Fiji SOFA and Timor-Leste SOFA by including members of the Fijian and Timor-Leste armed forces, civilian component personnel and their dependants, who hold the relevant documents, as classes of persons for the purposes of being taken to be granted a SPV. Members of the Fijian and Timor-Leste armed forces and civilian component would enter Australia to carry out official duties in accordance with the terms of the SOFA. The instrument is registered on the Federal Register of Legislation on 20 February 2023 and commenced on 21 February 2023. It is currently in force. To access the instrument, click here.
Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023, dated 9 February 2023 amend the Migration Regulations 1994 to amend criteria for making a valid application for the Subclass 851 Resolution of Status visa (RoS) by certain persons who hold or have held a Subclass 785 (Temporary Protection) visa TPV or a 790 (Safe Haven Enterprise) visa SHEV, as well as certain children born in Australia to those persons. The instrument facilitates the transition to permanent residence of persons who arrived in Australia before the commencement date (TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. The instrument makes the following amendments: Item 1 This item inserts the definition of TPV/SHEV transition day in regulation 1.03 of the Migration Regulations as the day that Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences (14 February 2023). Item 2 It inserts regulation 2.08G which convert certain applications for Subclass 785 visas (TPV) and Subclass 790 visas (SHEV) into applications for a permanent visa, Subclass 851 (Resolution of Status) visa. The cohort of people for whom the visas are converted and the time when the visas are converted are mentioned in the table within the instrument: It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which is pending before Minister on the TPV/SHEV transition day. It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which had been refused by the Minister before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day. It deals with the applicant who does not hold or have held TPV or SHEV which means they are first time applicants for the TPV or SHEV, in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). The applications will be converted to RoS applications if the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. It covers the applications by applicants who are first time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day and the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Item 3 This item amends the application validity requirement for the RoS visa as set out in item 1127AA of Schedule 1 to the Migration Regulations, imposed pursuant to section 46 (authorising criteria and requirements to make a valid application for a visa) of the Migration Act. The following applicants can make an application for the RoS visa: It covers the applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023) and the applicant has not made another valid application for a TPV or a SHEV that has not been finally determined. It deals with applicants who did not hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and at any time before the TPV/SHEV transition day, the applicant held a TPV or SHEV and the TPV or SHEV most recently held by the applicant was not cancelled and no subsequent application for a TPV or SHEV has been refused and finally determined. It covers applicants who are children born in Australia to persons covered by table items 4 and 5 provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. It deals with applicants who are children born in Australia to persons who hold RoS visas granted on the basis of an application taken to have been made under new regulation 2.08G, provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. The VAC for all these applicants is nil. Items 5 and 7 Items 5 & 7 inserts new paragraphs 1403(3)(ba) and 1404(3)(ba) in Schedule 1 to the Migration Regulations which specifies that a valid application for a TPV or SHEV can only be made by a person who first entered Australia on or after the TPV/SHEV transition day, or who entered before that day and, as at the TPV/SHEV transition day, had not made a TPV or SHEV application, or had made an application that had been finally determined and was not subject to any ongoing judicial review. This amendment is consistent with the policy of transitioning all eligible persons to permanent residence via the RoS visa if they arrived before the TPV/SHEV transition day. Item 9 & 11 Item 9 & 11 insert references to a RoS visa having been granted to a member of the same family unit as the applicant. Items 10
Migration Amendment (Aggregate Sentences) ACT 2023 amends the Migration Act 1958 to establish a consistent approach across the provisions of the Migration Act, as well as the Migration Regulations 1994 (the Regulations), in relation to sentencing for offences and to clarify that a person who is sentenced to a term of imprisonment of 12 months or more does not pass the character test on the basis of having a substantial criminal record within the meaning given by subsection 501(7) of the Migration Act, whether in relation to a sentence imposed by a court in respect of a single offence or an aggregate sentence. The amendment in the Act makes it clear that the provisions of the Migration Act and Regulations are not intended to differentiate between a criminal sentence imposed in respect of single offence, or a criminal sentence imposed in respect of two or more offences. The amendments respond to the decision of the Full Court of the Federal Court of Australia (the Federal Court) in Pearson v Minister for Home Affairs [2022] FCAFC 203 (Pearson). In Pearson, the Federal Court held that an aggregate sentence (a single sentence for more than one offence) imposing a term of imprisonment does not constitute a ‘substantial criminal record’ within the meaning given by subsection 501(7) of the Migration Act. The Court concluded that an aggregate sentence is not a sentence of imprisonment for the purposes of the definition of substantial criminal record in subsection 501(7) the Act, construing that definition as requiring the sentence to have been imposed in respect of a single offence. The amendment in the Act clarifies that the provisions of the Migration Act and Regulations apply in relation to a single sentence imposed by a court in the same way, regardless of whether the sentence is in respect of a single offence or for two or more offences. It also ensures that a person does not pass the character test if they receive a sentence resulting in a term of imprisonment of 12 months or more for one or more offences (for example, supplying a prohibited drug, knowingly dealing with the proceeds of crime and knowingly participating in a criminal group) or one or more serious offences (for example, murder and causing grievous bodily harm). If the amendments were not made, and the reasoning in Pearson was followed, such offenders would not have a substantial criminal record as a consequence of an aggregate sentence for the purposes of the Migration Act. The Act also includes provisions to validate past decisions and actions under the Migration Act and certain other specified law which would otherwise been deemed invalid as a consequence of the Federal Court’s decision in Pearson. Where this results in the person no longer holding a visa, and when the non-citizen has finished serving their criminal sentence, the Government will be able to return these non-citizens to immigration detention in order to progress their removal from the country and uphold community safety. The amendment also provides for opportunities for a person to appeal or seek review of a validated decision after commencement of the Act, in certain circumstances. It is registered on the Federal Register of Legislation on 16 February 2023 and received Royal Assent on the same date. It commenced on 17 February 2023. To know more, click here.
Migration (Visa Pre-application Process) Charge Bill 2023 (the Charge Bill) imposes different charges (which may be nil) for different ballots, and for different classes of people, prescribed by Regulations, who register as a participant in a ballot. The Charge Bill allows regulations to be made prescribing the amount of charge with the ability to prescribe different amounts for different ballots, and for different classes of persons. Importantly, the Charge Bill establishes a ceiling for the maximum amount of charge ($100) that may be prescribed under the regulations for a particular ballot. The Charge Bill also provides a mechanism for indexing this ceiling in accordance with annual movements in the Consumer Price Index. Regulations prescribing a charge would be disallowable by the Parliament. However, the amount prescribed in regulations for a particular ballot may be nil The Charge Bill is necessary because there is a possibility that the proposed charges may amount to a tax rather than a fee for service. Therefore, it is rational to legislate the charge on the basis that it is, or may be, a tax because it is not possible to determine the relationship between the amount of the charge and the cost of conducting the ballot. A small charge for participation in a ballot is likely to be necessary in most ballots to ensure that those who register are genuine and have given serious consideration to their capacity to take up a relevant visa, should they be successful in being selected in the ballot. Without this small charge, ballots may become bloated with participants who do not follow through by applying for the relevant visa. This will result in an inefficient process that may not deliver the annual program target for grants of the relevant visa. To follow the progress of the Bill, click here.
The Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Bill 2023 amends the Migration Act 1958 (the Migration Act) to allow the Minister to implement a visa pre-application process, involving random selection of eligible persons who will then be permitted to apply for a relevant visa to support the Government’s policy objectives in relation to engagement with Pacific nations. In order to build a strong and engaged Pacific diaspora in Australia, the Government has committed to the creation of a new class of visa, to be called the Pacific Engagement Visa (PEV), to provide access to permanent residence in Australia for an annual quota of citizens of certain Pacific countries and Timor-Leste. In order to establish this framework, the Bill: Persons who are successful in the ballot for the PEV will be notified that they may apply for the visa, which, if granted, will permit permanent residence in Australia. Partners and dependent children of the selected person may be included in the visa application. To follow the progress of the bill, click here.