On 13 February 2023, the Department has confirmed that the Temporary Skill Shortage (TSS) subclass 482 visa holders with occupations on the ROL are able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa. The Department confirmed that in addition to the subclass 482 visa holders who have been in Australia for at least one year between 1 February 2020 and 14 December 2021 and at the time of application are lawfully employed, subclass 482 visa holders with occupations on the ROL can also access the permanent residency pathway that is available under LIN 22/038 which allows sc 482 STSOL visa holders to apply for a subclass 186 TRT. However, such applicants must also meet all other nomination and visa requirements for the TRT stream of the ENS visa. The purpose of this change is to improve access to permanent residence for skilled migrant workers who chose to stay in Australia during the pandemic by providing permanent residence pathway for Temporary Skill Shortage (TSS) subclass 482 visa holders with an occupation on the Regional Occupation List. The Department made clear that those holding a Temporary Skill Shortage (TSS) subclass 482 visa with an occupation on the ROL and who worked in Australia during the pandemic are able to access the Employer Nomination Scheme (ENS) subclass 186 visa in the TRT stream with the concessions under LIN 22/038. The Department has further confirmed that this pathway is available now and there are no legislative changes required to give effect to this. This pathway is currently available for two years from 1 July 2022 and further decision regarding the continuation or discontinuation of this pathway will be taken by Government on 1 July 2024.
Migration Amendment (Evacuation to Safety) Bill 2023 will provide an offer of transfer to Australia from the Minister to all persons in the offshore cohort in Papua New Guinea or the Republic of Nauru at the commencement of this Act, who have not had an adverse security assessment made against them by the Australian Security Intelligence Organisation. The Bill will compel the Government to offer transfer to Australia to all persons subject to offshore processing still in PNG or Nauru who are not subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO). The offer to be transferred to Australia will be made in writing, by the Minister, within one month of commencement of the Act, to all eligible person who are within the offshore cohort remaining in PNG or Nauru, except for those subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO). If a person accepts an offer made, an officer must, as soon as practicable, bring the person to Australia and such persons will automatically be placed into community detention. Also, person receiving the offer under the provisions of this Bill can reject the offer or if the person accepts the offer, is free to withdraw their acceptance of the offer at any time prior to being transferred to Australia. In addition, this Bill will place all transferred persons into community detention and make any medical assessment and treatment they require available to them, while that person pursues a durable solution for their displacement with a third-country that is a state party to the United Nations’ 1951 Convention Relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. The Bill is registered on the Federal Register of Legislations on 8 February 2023 and will commence after this Act receives the Royal Assent. To access the instrument, click here.
Migration (Regional Processing Country—Republic of Nauru) Designation (LIN 23/017) 2023, dated 5 February 2023 designates the Republic of Nauru as a regional processing country to enable the operation of section 198AD of the Migration Act in relation to the Republic of Nauru as it is in the national interest. The instrument enables the operation of section 198AD of the Migration Act in relation to the Republic of Nauru. Subsection 198AD(1) provides that, subject to sections 198AE, 198AF and 198AG, an officer must take an unauthorised maritime arrival to whom section 198AD applies from Australia to a regional processing country. The only condition for the exercise of the power under subsection 198AB(1) is that the Minister thinks that it is in the national interest to designate the country as a regional processing country. Paragraph 198AB(3)(a) of the Migration Act provides that in considering the national interest, the Minister must have regard to whether or not the country has given Australia any assurances to the effect that the country will not expel or return a person taken to the country under subsection 198AD of the Migration Act to another country where the person’s life or freedom would be threatened on account of the person’s race, religion, nationality, membership of a particular social group, or political opinion and that the country will make an assessment, or permit an assessment to be made, of whether or not a person taken to the country is covered by the definition of refugee in Article 1A of the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees. The instrument is registered on the Federal Register of Legislation and commenced on 7 February 2023. It is currently in force. To access the instrument, click here.
Migration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023, dated 2 February 2023 specifies the visa classes for which a second VAC instalment can be refunded under Reg 2.12H. Subregulation 2.12H(1) of the Regulations provides that the Minister must refund the amount paid by way of the second instalment of the visa application charge (VAC) in relation to an application for a visa if any of the circumstances mentioned in subregulation 2.12H(2) exists and the Minister has received a written request for a refund. The instrument ensures ongoing access to VAC refunds for applicants who made applications for the visas listed in the Schedule to the instrument and to whom an event mentioned in paragraph 2.12H(2)(f) applies. The circumstance set out by paragraph 2.12H(2)(f) is that the amount was paid under a provision of Schedule 1 to the Regulations specified in an instrument in writing and, within the period of 12 months starting on the applicant’s visa commencement day (within the meaning of the Immigration (Education) Act 1971). The visa classes for which a second VAC instalment can be refunded under Reg 2.12H are: The instrument is registered on the Federal Register of Legislation on 2 February 2023 and commenced on 2 October 2022. It is currently in force. (The prior instrument made under this provision (Refund of Second Instalment of Visa Application Charge (IMMI 12/033) F2012L01306) was repealed by sunsetting on 2 October 2022. To cover the period from 1 October 2022, the instrument is to be taken to have commenced retrospectively on 2 October 2022.) To access the instrument, click here.
Migration (Designated APEC Economy) Instrument (LIN 23/008) 2023, dated 30 January 2023, defines “designated APEC economy” in regulation 1.03 of the Migration Regulations 1994, as including each economy mentioned in Schedule 1 as a designated APEC economy. A person who is the holder of a valid passport issued by a designated APEC economy, and who has applied to the Government of the designated APEC economy for an APEC Business Travel Card (ABTC) is taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream by operation of regulation 2.07AA of the Migration Regulations. The ABTC scheme provides accredited business people streamlined entry to participating economies. The instrument commences retrospectively on 2 October 2022. This means that where a designated APEC economy passport holder has applied to the designated APEC economy for an ABTC on or after that date, the person will be taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream. The Instrument will maintain the arrangements previously in place under Migration Regulations 1994 – Specification of Designated APEC Economies – IMMI 12/078 which was repealed by sunsetting on 1 October 2022. Schedule 1 specifies the following 19 APEC economies as Designated APEC Economies: The instrument is registered on the Federal Register of Legislation on 1 February 2023 and commenced on 2 October 2022. It is currently in force. To know more, click here.
Ministerial Direction No 99 revokes Direction 90 given under section 499 of the Migration Act 1958 (the Act) which commenced on 15 April 2021 regarding visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA. Decision-makers take into account the primary and other considerations relevant to the individual case while deciding whether to refuse or cancel a non-citizen ’s visa under section 501, or whether to revoke a mandatory cancellation under section 501CA. Primary considerations are generally given greater weight than the other considerations. Under this new Direction 99, the strength, nature and duration of ties to Australia has been added as a primary consideration under Part 2 Section 8, with the effect that these considerations should generally be given more weight by decision-makers. Under Direction 90 these factors were covered under ‘other considerations’ and were not given much weightage by decision makers while deciding an application. According to new Ministerial Direction 99, the following are regarded as primary considerations in making a decision under section 501(1), 501(2) or 501CA(4) The principles under Subsection 5.2 have also been amended with the following paragraph added under 5.2(5): With respect to decisions to refuse, cancel, and revoke cancellation of a visa, Australia will generally afford a higher level of tolerance of criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age. The level of tolerance will rise with the length of time a non-citizen has spent in the Australian community, particularly in their formative years. The new Ministerial Direction No 99 will commence on 3 March 2023.
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: 23 January 2023 Matrix nominating Small Business Owners: 12 invitations 457 visa / 482 visa holders: 01 invitation Matrix nominating Critical Skill occupations: 299 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 320 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 23 February 2023.
Under the Department of Home Affairs Standard Business Sponsorship requirements, you (sponsor) will have to demonstrate the nominated position is genuine in your organisation. The nominated position should be relevant to the nature of the business activities and is necessary to fill the position to run the organisation smoothly. Genuine Position Report (GPR) plays a prominent role in the success of your nomination application for the Employer Sponsored Visas, like TSS Visas, ENS 186 Visa and RSMS 187 Visa. Table of Contents of a Genuine Position Report/ Components of a Genuine Position Report It is essential to provide various supporting documents and a detailed (GPR) Genuine Position Report to show the position is genuine. Only, professional Genuine Position Report writing service providers like McKkr’s Pty Ltd know the secret of how to write an effective GPR. Let’s learn about the table of contents of the report. Business Overview As the name suggests, the section provides the summary of your business. It covers – ⮚ the business name, address, ABN/CAN, products/services, and date of incorporation in the tabular format ⮚ the foundation date, the business nature, the philosophy, benefits it offers ⮚ products or services the company offers ⮚ product images (optional) ⮚ business location (map and location description) Business Name Your Business Name Business Address ******************, Helensvale, QLD ABN/CAN xx xxx xxx xxx Products/Services Colour Cosmetics and Cosmeceutical Skincare Date of Incorporation 29/04/2020 Nominated Position It is a complete detail of the nominated position in a proper format. The detail convers- ⮚ the nominated position name for which you want to hire candidate, (for example, retail buyer and software engineer) ⮚ ANZSCO code and the unit group for which the position belongs ⮚ skill level (for example, skill level 3 requires an AQF certificate and job experience) ⮚ tasks for the job position according to the ANZSCO’s work standards Organisational Structure It is a hierarchical outline of your organisation, describing ownership, team members, and their roles. The Genuine Position Report comprises- ⮚ the owner’s name (if the ownership is divided, name of each owner and their sharing in the business ⮚ Organisational chart, starting with the owner’s name, managers, then trainers and others Tasks and Duties of the Nominee Every job profile has some responsibilities. In this section, your company will briefly discuss the tasks and duties of the intended nominee. Provide the duties in bullet points to make the Genuine Position Report or GPR reader friendly. Skills, Qualifications & Experience Required It has three sub-sections and each one throws light on the nominee’s qualities. They can be in paragraph or bullet. Skills The suitable nominee must have the necessary skills required to perform the given task diligently. Qualifications The qualification is the ability to make a person suitable for a particular job. Your GPR provides the qualifications your company requires for the intended position, like Bachelor’s and Master Degrees. Experience It clearly mentions the relevant work experience you need for the position. However, the sub-section is optional because sometimes employers want to hire freshers. Terms and Conditions of Employment It is one of the most important sections while writing an impressive Genuine Position Report. It tells that the nominee are in no way disadvantaged than what would be offered to an Australian citizen or permanent residents working for the same position or the same business. The terms and conditions outline – The Need for the Position It highlights the importance of this job position in your company in conjunction with the company’s growth, commitment towards customers to provide high-value products, competitions you are facing and the future growth possibilities. Relevance of Position to Recent Growth & Expansion Plans The section throws light on- Criticalness of the Position It is about how quickly it is necessary to fill up this job position as it has a direct relation to the continued performance of the business and future potential earning. Provide the work responsibilities of the nominee in your organisation in bullet points. Conclusion Complete your Genuine Position Report or GPR with an attractive conclusion paragraph by highlighting a few lines about your company and the importance of this nominated position. It is not so easy to write a convincing and impactful Genuine Position Report or GPR. You need a specialist who have successfully written such reports. At McKkr’s Pty Ltd, you will get the best GPR writing support because our company has a panel of highly experience report writers. We offer professionally written GPR to registered migration agents and lawyers for their clients in any industry. If you want assistance from our experts, reach us at +61 2 4626 1002 or write us at admin@mckkrs.com.au
Are you thinking of bringing your parents to Australia? As an Australian citizen, permanent resident or eligible New Zealand citizen, you can invite your parents to live with you for a limited or unlimited period. For this purpose, there are several Parent Visa options, with varying processing times and costs. There are two categories of parent visas in Australia: Parent Visa Categories It is a permanent visa and there are two ways of applying for Contributory Parent (Subclass 143) visa. You can apply for a Parent Visa (subclass 143) visa as a retiree or can be sponsored by their eligible children, a relative, or a community organization. As retiree, you are not required to meet the balance-of-family test, have an assurance of support and an eligible sponsor. With this visa you can You can be in or outside Australia when you apply for the visa. If you are applying as a retiree, you must be in Australia, but not in immigration clearance, when you apply. You can be in or outside Australia when your application is decided. It is a permanent visa to apply as a retiree and become eligible for the visa without meeting a balance of family test, having a sponsorship, or an assurance of support. Since it is a non-contributory visa, its approval process takes longer. With this visa you can: You can be in or outside Australia when you apply for the visa. If you are applying as a retiree you must be in Australia, but not in immigration clearance, when you apply. You can be in or outside Australia when your application is decided. It is a permanent visa to let your aged parent stay in Australia permanently. As the name suggests, the visa is granted to only aged parents eligible to receive the age pension in Australia (from 65-67 years). . With this visa you can: You must not have already applied for or hold a Sponsored Parent (Temporary) (Subclass 870) visa when applying for this visa. You must be in Australia, but not in immigration clearance, when you apply for this visa. The requirements for the visa are the same as for the Aged Parent Visa (Subclass 804), but it is processed faster and is costly. With this visa you can: You can apply for the subclass 864 visa as a two-step process by first applying for a Contributory Aged Parent (Temporary) (subclass 884) visa. Applying for the subclass 884 visa and then the subclass 864 visa allows you to spread the cost of the visas over a number of years. Also, you must not have already applied for or hold a Sponsored Parent (Temporary) (Subclass 870) visa when applying for this visa and must be in Australia, but not in immigration clearance, when you apply for this visa. With this temporary visa you can live in Australia for up to 2 years and work and study in Australia (without government support) To apply for this visa, you must be sponsored by an approved sponsor who can be the applicant’s child or if the child is under 18, can be sponsored by an eligible relative or community organisation and must be eligible to receive the age pension in Australia. With this temporary visa you can live in Australia for up to 2 years and work and study in Australia (without government support It requires sponsorship by an approved sponsor who can be the applicant’s child or if the child is under 18, can be sponsored by an eligible relative or community organisation. You can be in or outside Australia when you apply for the visa. Also, while applying for this visa, you must not have already applied for or hold a Sponsored Parent (Temporary) (Subclass 870) visa Sponsored Parent (Temporary) Visa (Subclass 870) The temporary parent visa comes with the advantage of living in Australia for 3 to 5 years and re-applying for further Sponsored Parent (Temporary) visas to visit up to a maximum period of 10 years in Australia. However, you cannot work in Australia while you hold this visa. To apply for this visa, you must have an approved Parent Sponsor. You must be outside Australia when you apply for this visa, unless you have Permission to Apply in Australia, but not in immigration clearance. You can be in or outside Australia, but not in immigration clearance, when the application is decided. Non Contributory and contributory parent visas All non-contributory Parent Visas are subject to capping. Capping is the number of Visas set by the minister for a class for that program year. Once the cap has been reached, no further visas can be granted in that class in that program year. However, Contributory visas have more Visa places available each Migration Program year and have significantly shorter waiting periods for applications to be finalised. Visa applications in the contributory parent category are accorded a higher priority for processing. Non-contributory parent visas have a lower cost/longer wait option while the contributory parent visas have a higher cost/short wait option. McKkr’s Pty Ltd will update you with different types of parent visas to Australia through its blogs and newsletters. If you want an honest approach to your parent’s visa approval, McKkr’s dedicated experts will help you out. Reach us at (02) 4626 1002 or email us at admin@mckkrs.com.au to discuss your case.
A complete family usually comprises spouses, parents, children, and siblings. Family members are important because they can offer support and a sense of security with unconditional love. Looking at the importance of family members in one’s life, Australia offers parent visas to parents of settled Australian citizens, permanent residents, and eligible New Zealand citizens. They can invite their parents to Australia to live with them permanently or temporarily. In this article, we discuss Contributory Parent (Permanent) Visa (subclass 143) and Contributory Parent (Temporary) Visa (subclass 173) to analyse how they differ from each other. Primary Differences Visa Duration The Subclass 143 is a permanent parent visa to let a parent of a settled Australian citizen, Australian Permanent resident or an Eligible New Zealand citizen stay in Australia indefinitely. With this visa, parents can sponsor their family members to come to Australia and if eligible, can apply for Australian citizenship. The Subclass 173 is a temporary parent visa to let a parent of an Australian citizen, Australian Permanent resident and Eligible New Zealand citizen live in Australia for up to 2 years. This visa is only valid for a period of two years and cannot be extended or renewed. Eligible parents can work and study in the country but will not receive financial support from the Australian government. This visa is a gateway to apply for the Permanent Parent Visa 143. In other words, both permanent and temporary parent visas are related to each other. Visa Cost Another noticeable difference between these two is their cost. The Contributory Parent (Temporary) Visa is relatively cheaper than the Contributory Parent (Permanent) Visa. At present the cost of Contributory Parent (Permanent) Visa (subclass 143) starts from AUD47,955 whereas the cost of applying for a Contributory Parent (Temporary) Visa (subclass 173) starts from AUD32, 065.. Also, you can divide the cost of the Contributory Parent (subclass 143) visa over a few years by following two steps which involves applying for the temporary Contributory Parent (Temporary Subclass 173) visa first and then applying for the permanent Contributory Parent (Subclass 143) visa. The net costs of the two-stage process are broadly similar to the option of applying directly for a permanent Contributory Parent category Visa except that the costs are staggered across two applications. The Application Process There are two ways of applying for Contributory Parent (Subclass 143) visa. You can apply for a subclass 143 visa as a retiree or can be sponsored by their eligible children, a relative, or a community organization. As retiree, you are not required to meet the balance-of-family test, have an assurance of support and an eligible sponsor. On the contrary, if you want to apply for a Contributory Parent Visa (subclass 173, you have only one option that is to be sponsored by an eligible child, an eligible relative or a community organization.. Assurance of Support If you are applying for contributory parent visa (subclass 143) you must have an Assurance of Support (unless you are applying for the Retirement Pathway) but in case of Contributory Parent visa (subclass 173) assurance of support is not required. An Assurance of Support is a legal agreement between an Australian resident or organisation (the assurer) and the Australian Government. The assurer agrees to support the migrant (the assuree) in Australia so that the assuree does not need to rely on government payments. Each Assurance of Support can cover up to 2 adults and an unlimited number of their dependent children. If you want to know more about this visa or are seeking assistance for migrating to Australia, contact us on (+61) (02) 4626 1002 or email us at admin@mckkrs.com.au. Our experts will provide you with the best migration support services.