The Department of Home Affairs discontinued the Immigration Advice and Application Assistance Scheme (IAAAS) on 27 August 2022. IAAAS provided Government funded access to professional immigration advice and application assistance for protection visa subclass 866applicants who entered Australia lawfully and needed to seek asylum due to a well-founded fear of persecution in their country of origin. For any queries, email iaaas@homeaffairs.gov.au
Invitation Round: 23 August 2022 Matrix nominating Small Business Owners: 01 invitation 457 visa / 482 visa holders: 16 invitations Matrix nominating Critical Skill occupations: 165 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 149 invitations Invitations were not issued if the applicants have an active application in the system or have previously received ACT nomination. The next Canberra Matrix invitation round will be held before 10 September 2022.
Migration (Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Repeal Instrument (LIN 22/067) 2022 dated 11 August 2022 repeals the Migration (LIN 18/077: Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Instrument 201, specified for paragraphs 408.229(b) and (c) of Schedule 2 to the Regulations as the event has ended and therefore LIN 18/077 is no longer required to support the visa pathway. To satisfy the primary criteria for the grant of a Subclass 408 visa the applicant must seek to enter or remain in Australia for the purpose of undertaking work directly associated with an AGEE. To meet this criterion, the AGEE must be specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, and the applicant must be in a class of persons specified in the instrument in relation to the event. LIN 18/077 specified the event known as Supporting Innovation in South Australia as an ‘Australian Government endorsed event’ (AGEE) and classes of persons in relation to the event who may be eligible for a Temporary Activity (Subclass 408) visa. The event ‘Supporting Innovation in South Australia’ commenced in November 2018 and ended in November 2021. Therefore, persons now cannot seek to enter or remain in Australia in relation to this event. LIN 18/077 is therefore not required anymore to support the Subclass 408 visa application pathway. The Instrument is registered on the Federal Register of Legislation on 24 August 2022 and commences on 25 August 2022. To know more, click here.
Compilation of Migration Regulations 1994, dated 19 August 2022 incorporates the amendments made by Migration Amendment (Subclass 202 Visas) Regulations 2022, dated 18 August providing reductions on the VAC payable by primary applicant of Global Special Humanitarian Visa, completely removing the VAC payable by secondary applicants, and making assurance of support a discretionary requirement for secondary applicants to promote the operation of Community Support Program. The Instrument makes the following amendments: The Compilation is registered on the Federal Register of Legislation on 22 August 2022 and commenced on 19 August 2022. It is currently in force. To access the Compilation, click here.
The Department is taking a flexible approach to regulation 1.15F (the Australian study requirement) for those international students who were unable to travel to Australia due to COVID-19 related border entry restrictions and who continued to study online while offshore. In cases where international students were granted a student visa but due to COVID-19 border entry restrictions were unable to travel to Australia and commenced their study online while overseas, the full period of their study will be counted for the purpose of Australian Study Requirement. However, the other requirements for the registered course or courses remains the same and must be satisfied, which includes that the course:
Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 dated 18 August amends the Migration Regulations 1994 to enable access to certain ‘relationship cessation provisions’ for Partner (subclass 309) visa applicants and holders whose visas have been granted in Australia during the COVID-19 concession period. Prior to the Regulations, subclass 309 visa holders who first entered Australia as a holder of a subclass 309 visa were only eligible to access these ‘relationship cessation provisions’ to enable grant of their permanent subclass 100 visa. Therefore, subclass 309 visa holders whose visas had been granted in Australia during the COVID-19 concession period were not eligible to access the ‘relationship cessation provisions’.The Regulations ensures that applicants who are granted a subclass 309 visa in Australia under the COVID-19 concession, and who satisfy the Minister that they were the spouse or de facto partner of their sponsoring partner, continue to be eligible for the grant of subclass 100 visa in the following circumstances:1. The applicant’s sponsor has died or2. The applicant or a member of the family unit has suffered domestic and familyviolence (DFV) committed by the sponsoring partner or/and3. The applicant and sponsor share custody, formal maintenance obligations or accessrights to at least one child.The Instrument is registered on the Federal Register of Legislation on 19 August 2022 andcommenced on 20 August 2022. It is currently in force. To access the Instrument, click here.
Invitation Round: 15 August 2022 Matrix nominating Small Business Owners: 04 invitations 457 visa / 482 visa holders: 0 invitation Matrix nominating Critical Skill occupations: 95 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 166 invitations Invitations were not issued if the applicants have an active application in the system or have previously received an ACT nomination. The next Canberra Matrix invitation round will be held before 10 September 2022.
Compilation of Migration Regulations 1994 dated 1 July 2022, incorporates the amendments made by Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022 to replace visa conditions 8204A and 8204B with the new, more targeted, clearer visa condition 8208 which applies to Student visas Subclass 500 to screen for and manage the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs. The new visa condition 8208 introduced by Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022is stated below: 8208 (1) The holder must not undertake critical technology-related study unless: (a) the Minister is satisfied that there is not an unreasonable risk of an unwanted transfer of critical technology by the holder; and (b) the Minister has approved in writing the holder undertaking that critical technology-related study. (2) Subclause (1) does not apply in relation to the intended course of study, or activities related to study in Australia, as evidenced in the holder’s visa application. (3) In this clause: critical technology-related study means: (a) a postgraduate research course within the meaning of clause 500.111 of Schedule 2 that relates to critical technology; or (b) a bridging course required as a prerequisite to a course mentioned in paragraph (a); or (c) a thesis or research topic that: (i) is for a postgraduate research course within the meaning of clause 500.111 of Schedule 2; and (ii) relates to critical technology. Condition 8208 is applicable to: The compilation is registered on the Federal Register of Legislation on 10 August 2022 and commenced on 1 July 2022. It is now in force. To access the full compilation, click here.
Migration Amendment (Subclass 202 Visas) Regulations 2022amends the Migration Regulation 1994 to enhance the operation of the Community Support Program (CSP), which allows community groups and individuals to propose and support applicants for entry to Australia under the Humanitarian Program by providing reductions on the VAC payable by primary applicant, completely removing the VAC payable by secondary applicants, and making assurance of support a discretionary requirement for secondary applicants. The Instrument makes the following amendments: The Instrument is registered on the Federal Register of Legislation on 18 August 2022 and commenced on 19 August 2022. It is currently in force. To access the Instrument, click here.
The Department has announced that for Temporary Graduate (subclass 485) visa applications lodged between 1 July 2022 and 30 June 2023, a skills assessment is no longer required. VETASSESS will no longer be providing skills assessment services for the purpose of subclass 485 visas.