Migration (Labour market testing) Amendment Determination (LIN 22/064) 2022, dated 30 June 2022 amends Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to update the manner of advertising the job positions and replaces the Job active website with the Workforce Australia website (https://www.workforceaustralia.gov.au). The instrument amends the labour market testing conditions and removes the job active website as the mandatory manner for advertisement. Job active website will be decommissioned on 4 July 2022 and the Workforce Australia website will be launched. This means that from 4 July 2022 businesses are required to advertise positions on the Workforce Australia website. To ensure that the businesses are not disadvantaged by this replacement, advertisements on the Jobactive website before 4 July 2022 will automatically transfer to the Workforce Australia website. The instrument is registered on the Federal Register of Legislation on 01 July 2022 and commenced on 04 July 2022. To access the instrument, click here. To access the Workforce Australia website, click here.
Invitation Round: 24 June 2022 Matrix nominating Small Business Owners: 08 invitations 457 visa / 482 visa holders: 02 invitations Matrix nominating Critical Skill occupations: 90 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 59 invitations Invitations were not issued if the applicants have an active application in the system or have previously received ACT nominations. The next Canberra Matrix invitation round will be held before 14 July 2022.
Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 dated 23 June 2022 amends the Migration Regulations 1994 to create a new stream within the Subclass 485 (Temporary Graduate) visa to allow holders of those visas impacted by the COVID restrictions to obtain another Subclass 485 and make consequential amendments to ensure those holders of the replacement visa can continue to qualify for a further Subclass 485 visa based on regional residence eligibility. This stream will allow holders and former holders of Temporary Graduate (Subclass 485) visas who were unable to stay in Australia for the full period of their previous visa as a result of COVID-19 international travel restrictions to apply for a ‘replacement’ Subclass 485 visa of the same duration as their original visa. The current and former Subclass 485 visa holders may apply in the Replacement stream if they were: The Replacement stream is also available for the secondary visa holders(members of the family unit of the primary visa holder), if the primary visa holder is eligible. A cut-off date of 1 January 2027 will be imposed on applications for the Replacement stream. The Replacement stream will not be open to applications by persons who have had a Subclass 485 visa, or a visa granted after the applicant held a Subclass 485 visa, cancelled, except those who requested in writing that the Minister cancel their visa, or whose visa cancellation decision was set aside by the Tribunal. Also, persons who were already on their second Subclass 485 visa in the Post-Study Work stream during the period of international travel restrictions are not eligible for the Replacement stream. The Instrument also qualifies the Subclass 485 Post Study to stream visa holders who were required to live in regional areas for the grant of a second subclass 485 and were impacted by COVID-19 restrictions, for a further Subclass 485 visa if they have studied on a student visa and lived on their Replacement stream SC 485 visa in a regional area. The Instrument was registered on the Federal Register of Legislation on 27 June 2022 and commenced on 1 July 2022. To access the Instrument, click here.
Migration (Arrangements for New Zealand Citizen (Family Relationship) visa applications) Amendment Instrument (LIN 22/062) 2022 dated 23 June 2022 amends the Migration (IMMI 18/076: Arrangements for Other Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2018 to update the arrangements for making an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa. Due to the closure of the Sydney Lee St office, from 1 July 2022 application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa must be lodged by posting Form 147 at the Australian address given below: New Zealand Family Relationship Processing Centre Department of Home Affairs GPO Box 9984 Sydney NSW 2001. The Instrument was registered on the Federal Register of Legislation on 27 June 2022 and commenced on 1 July 2022. To access the Instrument, click here.
Migration (Arrangements for subclass 462 visa applications) Amendment Instrument (LIN 22/052) 2022 dated 23 June 2022 amends the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 to update arrangements for making a Work and Holiday (Subclass 462) visa (subclass 462 visa) application. Read more The Instrument has introduced the following changes for the below-mentioned Countries: Eligible PRC passport holders can now apply for a subclass 462 visa using Form 1208 (Internet) in ImmiAccount as an Internet application or can request the Department to grant permission to lodge an application by email from WHM.invited.applications@homeaffairs.com.au. After the permission has been granted via written notice by the Department, authorizing the applicant to use form 1208, the application must be lodged with the written notice attached and within 7 calendar days of after written notice being sent. Previously these applications were lodged by appointment and in person at specific Australian Visa Application Centres in China. The Instrument adds Brazil to the table of foreign countries, where the eligibility to apply for and to be granted, a subclass 462 visa is restricted to applicants who hold a valid passport issued by any of those foreign countries. It also states that applicants from Brazil must not be above 30 years of age and must provide evidence of successful completion of at least 2 years of post-secondary study. It further updates and adds Brazilian passport holders to the class of persons who are excluded from the requirement of providing evidence of support for the grant of the visa from their home government. The Instrument also adds Mongolia to the table of foreign countries, where the eligibility to apply for and to be granted, a subclass 462 visa is restricted to applicants who hold a valid passport issued by any of those foreign countries. It also states that applicants from Mongolia must not be above 30 years of age and must provide evidence of successful completion of either tertiary qualifications or at least 2 years of post-secondary study. Applicants from Mongolia are required to provide evidence of support for the grant of the visa from their home government. The Instrument was registered on the Federal Register of Legislation on 27 June 2022 and commenced on 1 July 2022. To access the Instrument, click here.
Home Affairs Legislation Amendment (2022 Measures No.1) Regulations 2022, dated 23 June 2022 amends Australia Citizenship Regulation 2016 to remove the provision of payment of Citizenship fees in foreign currencies and also amends the Migration Regulation 1994 to make changes to the arrangement for lodging New Zealand Citizen Family Relationship (Temporary) visas. The Regulations specify that from 1 July 2022 Citizenship fees must be paid in Australian dollars (AUD) and removes the provision of paying Citizenship fees in foreign currency. The Regulations also amend the Migration Regulation 1994 to enable subclass 461 New Zealand Citizen Family Relationship (Temporary) visa applicants to be granted this visa regardless of their location at the time they made their visa application and at the time that the visa is granted. So, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant. It also allows applicants outside Australia to lodge their applications directly with a departmental office in Australia. Due to the closure of the Sydney Lee St office, from 1 July 2022all SC 461 applications must be lodged by post at the Australian address given below: New Zealand Family Relationship Processing Centre Department of Home Affairs GPO Box 9984 Sydney NSW 2001. The Regulations are registered on the Federal Register of Legislation on 24 June 2022 and commenced on1 July 2022. To access the Regulations, click here.
Migration (Required medical assessments) Amendment Instrument (LIN 22/065) 2022 dated 23 June 2022, amends the health assessments required by migration Regulations 1994 – Specification of Required Medical Assessment IMMI 15/144, by updating the additional medical assessments for the class of persons mentioned in Schedule 4, PIC 4005(1)(aa), 4007(1)(aa) and 4006A, for applicants for specific visas and occupations. Below mentioned are the updated Medical assessments required for applicants for specific visas and occupations: For health care workers applying for an SC 600 for less than 6 months stay: The Instrument is registered on the Federal Register of Legislation on 24 June 2022 and commences on 1 July 2022. To access the Instrument, click here.
Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 dated 23 June 2022 updates the form, place, and manner of making working Holiday (Subclass 417) visa application, increases the upper age limit for Danish & Italian passports and makes arrangements for applicants whose passports have expired since entering Australia. After the permission has been granted via written notice by the Department, authorizing the applicant to use paper form 1150, the application must be lodged with the written notice attached and within 7 calendar days after which the written notice was sent. The Instrument repeals Migration (LIN 19/183: Arrangements for Working Holiday Visa Applications) Instrument 2019. The Instrument was registered on the Federal Register of Legislation on 24 June 2022 and commenced on 1 July 2022. To access the Instrument, click here.
Migration Amendment (Occupation Nomination and Skills Assessment for Subclass 485 Visas) Regulations 2022[“the Regulations”] dated 23 June 2022, amends the Migration Regulation 1994 to temporarily remove the requirement of nominating an eligible skilled occupation and to obtain skills assessment in relation to the occupation for the applicants of Temporary Graduate visa in the Graduate Work stream. This temporary removal of the requirements will be available for applications made between1 July 2022 and 30 June 2023 (inclusive). Also, the instrument includes the provision for the Minister to extend this date beyond 30 June 2023 considering the prevailing economic condition. The amendments made by the Regulation will allow graduates with degrees, diplomas, and trade qualifications who are not currently eligible for the Subclass 485 visa in the Graduate Work stream as their related occupations are not included in the current list of specified eligible occupations, to live and work in Australia for a further temporary period. The Regulations are registered on the Federal Register of Legislation on 24 June 2022 and commenced on 1 July 2022. To access the Regulations, click here.
Migration Amendment (Visa Application Charges) Regulations 2022[“the Regulations”]dated 23 June 2022, amends the Migration Regulations 1994 to increase the visa application charges for a number of visas to implement the annual Government policy of indexing visa application charges (VACs). From 1 July 2022, the visa application charge will increase by 3% consistent with the previously forecasted Consumer Price Index and the increased amount will be rounded to the nearest $5. The increased VAC will be updated soon in Schedule 1 in the Legendcom stack, until then it is advised to use this instrument for quoting fees to the clients. The increase in visa application charge will be applicable for the applications lodged on or after1 July 2022. The Regulations are registered on the Federal Register of Legislation on 24 June 2022 and commenced on 1 July 2022. To access the Regulations, click here.