Migration Amendment (2022 Measures No. 1) Regulations 2022, dated 03 March 2022, amends visa conditions 8104 and 8105 applicable on visa holders and their dependants and also allows dependent child and resident return visa applicants outside Australia to lodge a visa application in Australia. For the purpose of retaining workers in the labour market, the instrument makes the following changes: Schedule 1: Student Subclass 500 Visa It allows student visa holders and their dependents to work full-time, where they are permitted to work on their previous visas before the student’s course commences. It applies to current student visa holders as well as to future student visa grants, with a purpose to reduce pressure on industries due to the impact of COVID-19. Schedule 2: Dependent Child Subclass 445 Visa It enables subclass 445 visa applicants to be granted this visa irrespective of their location at the time they made their visa application and at the time that the visa is granted and to allow subclass 445 visa applicants outside Australia to lodge their application directly with a Departmental office in Australia. Schedule 3:Resident Return Subclass 155 and 157 Visa It enables subclass 155 and 157 visa applicants outside Australia to make an application in Australia, regardless of whether it is an internet or paper application, and also enables the visa applicants who lodged their visa application outside Australia to be granted the visa while they are in Australia, rather than requiring them to be outside Australia at the time of grant. The instrument is registered on the Federal register of Legislations on 04 March 2022 and commenced on 05 March 2022. It is currently in force. To access the instrument, click here.
Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022, dated 03 March 2022, increases the first instalment of the Visa Application Charge (VAC) for a Subclass 403 visa in the Australia Agriculture Worker stream and repeals the Seasonal Worker Program and the Pacific Labour Scheme streams from Temporary Work (International Relations)Subclass 403 visa and replaces them with a new single Pacific Australia Labour Mobility stream. The instrument in Schedule 1 Part 1, increases the visa application charge for a Subclass 403 visa in the Australia Agriculture Worker stream from $315 to $630. The instrument in Schedule 1 Part 2, repeals the Seasonal Worker Program and the Pacific Labour Scheme streams from Temporary Work (International Relations) Subclass 403 visa and replace them with a new single Pacific Australia Labour Mobility stream. The new Pacific Australia Labour Mobility stream is available to visa applicants who are participating as a worker in the PALM scheme administered by the Department of Foreign Affairs and Trade (DFAT), on the basis of bilateral arrangements negotiated with foreign governments. The sponsor who has agreed to be the sponsor of the applicant must be an approved temporary activities sponsor and has been accredited under an arrangement with DFAT to participate in the PALM scheme. The instrument is registered on the Federal register of Legislations on 04 March 2022. Schedule 1, Part 1 of the instrument commenced on 05 March 2022 and Schedule 1 Part 2 commenced on 04 April 2022. It is currently in force. To access the instrument, click here.
Migration (Specified work and areas for subclass 417 visas) Instrument (LIN 22/012) 2022, dated 04 March 2022, specifies the areas of Australia and kinds of work for the definition of specified Subclass 417 work in regulation 1.03. Applicants applying for second or third Working Holiday (Subclass 417) visas (subclass 417 visa) must satisfy the criteria to carry out a period or periods of specified Subclass 417 work, which is defined in regulation 1.03 of the Regulations. The instrument specifies the tourism and hospitality work and the areas in which that work must be carried out. Work carried out for a person providing accommodation services, food, and beverage services, and services directly to tourists after 21 June 2021 in Northern Australia and remote and very remote Australia, are specified as the kinds of work for the definition of specified Subclass 417 work. The instrument is registered on the Federal register of Legislations on 04 March 2022 and commenced on 05 March 2022. It is currently in force. To access the instrument, click here.
Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022, dated 04 March 2022, specifies the areas of Australia and kinds of work for the definition of specified Subclass 462 work in regulation 1.03 and for regulation 1.15FA of the Regulations and expands the kinds of tourism and hospitality work and the areas in which that work must be carried out. Work carried out for a person providing accommodation services, food, and beverage services, and services directly to tourists after 21 June 2021 in Northern Australia and remote and very remote Australia, are specified as the kinds of work for the definition of specified Subclass 462 work. The instrument is registered on the Federal register of Legislations on 04 March 2022 and commenced on 05 March 2022. It is currently in force. To access the instrument, click here.
Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022, dated 04 March 2022, specifies the class of persons for whom the base application charge for a subclass 417 visa or subclass 462 visa is nil and also repeals the Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021. The nil VAC applies to an applicant for a subclass 417 visa or a subclass 462 visa if they are not an excluded applicant and either: last held an onshore COVID-19 affected visa and applies for a subclass 417 visa or a subclass 462 visa in Australia, or last held an offshore COVID-19 affected visa and applies for a subclass 417 visa or a subclass 462 visa outside Australia. An excluded applicant means an applicant who has applied for: a subclass 417 visa; or a subclass 462 visa with nil VAC and: the applicant has been granted the visa; or the applicant has been refused the visa; or the application is not finalized. The instrument is registered on the Federal Register of Legislation on 04 March 2022 and commenced on 5 March 2022. It is currently in force. To access the instrument, click here.
Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022, dated 03 March 2022, amends the Migration Regulations 1994 to provide concessions for certain Working Holiday Makers in Australia affected by the COVID-19 pandemic, to exempt holders of certain passports from meeting ‘specified work’ requirements when they apply for a second or third WHM visa and to ensure procedural fairness before excluding an employer from the WHM program’s ‘specified work’ arrangements. The instrument defines the onshore COVID-19 affected visa’ to give effect to the concessions for WHM visa applicants who apply in Australia for a WHM visa between 5 March 2022 and 31 December 2022, and who were in Australia on 20 March 2020 as the holder or former holder of a WHM visa. It also provides that if a person holding an onshore COVID-19 affected visa, applies on or before 31 December 2022 for another WHM visa, then the onshore COVID-19 affected visa will be treated as if it never existed, for the purpose of WHM visa criteria. In addition, the instrument allows eligible WHM visa applicants in Australia to lodge a valid WHM visa application without holding a valid passport if they apply before 31 December 2022, to allow those who have been unable to renew passports due to the pandemic. But, for the grant of a visa, a valid passport is required. The Instrument also grants the power to Minister to exempt holders of certain passports from meeting ‘specified work’ requirements needed to apply for a second or third WHM visa. Also, the instrument aims at providing procedural fairness before excluding an employer from the WHM program’s ‘specified work’ arrangements. The Minister must inform the employer about his intention to specify the employer as an excluded employer’ and must state the reasons for it and provide at least 28 days to the employer to respond by making a written submission to the Minister. The instrument is registered on the Federal Register of Legislations on 04 March 2022 and commenced on 05 March 2022. It is currently in force. To access the instrument, click here.
The Australian government has introduced Temporary visa enhancement settings to provide concessions to temporary visa holders to support Australia’s COVID-19 recovery. The following visa enhancements have been made by the Australian Government: Skilled-recognized Graduate visa(Subclass 476) The engineering graduates who lost time due to COVID-19 border restrictions will have their visas extended for 24 months. Training visa (Subclass 407) To fill in the labour shortages, the government has removed the limit on working hours across all sectors of the economy, for existing and new secondary Training visa holders. It will be reviewed in April 2022. COVID-19 Pandemic Event visa (Subclass 408) Temporary visa holders (TVH) with work rights will be able to access these visas at nil VAC for 6-12 months if they work in any sector of the Australian economy. These new arrangements will be applicable to TVH: who were in Australia prior to 21 February 2022 and who arrive in Australia after 21 February 2022 and have work rights or a job offer from Commonwealth-funded aged care service at the time of application. The TVHcan apply for the Pandemic Event visa up to 90 days before their existing visa expires, and can remain in Australia for 6 months if not working for a key sector or for 12 months if working for a key sector including: Agriculture Aged care Child care Disability care Food processing Health care Tourism & hospitality
Compilation of Migration Regulations 1994, dated 18 February 2022, incorporates the amendment made by migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 to extend previously granted temporary graduate and skilled regional provisional visas whose holders have been impacted by COVID-19 related international travel restrictions. The instrument provides additional time for the temporary graduate and skilled regional provisional visas holders who have been impacted by COVID-19 international travel restrictions since February 2020. Schedule 1 Extension of Certain Subclass 485 (Temporary Graduate) Visas: The Department of Home Affairs announced the introduction of a replacement subclass 485 visas for the subclass 485 visa holders who were outside Australia at any time between 1 February 2020 and 15 December 2021. However, the replacement visa would be open for applications from mid-2022. Schedule 1 to the Amendment Regulations amends the Migration Regulations to provide for the extension of periods of certain subclass 485 visas until 30 September 2022, to allow subclass 485 visa holders to live, study and work in Australia, until they are able to apply for, and be granted, the replacement visa. The extension is also applicable for secondary visa holders. Schedule 2 Skilled Regional Provisional Visas: Schedule 2 to the Amendment Regulations amends the Migration Regulations to extend the skilled regional provisional visas by three years from their original cessation date. This extension is applicable to all skilled regional provisional visa holders where the primary visa holder who holds or held a subclass 489, 491, or 494 visas, was outside Australia on any day during the travel restriction period (1 February 2020 to 14 December 2021). The extension is also applicable for secondary visa holders. The compilation is registered on the Federal Register of Legislation on 2 March 2022 and commenced on 18 February 2022. It is currently in force. To access the compilation, click here.
Compilation of Migration Agents Regulations 1998, dated 1 March 2022, incorporates the amendment made by Migration (Migration Agents Code of Conduct) Consequential Amendments Regulations 2021 to repeal the previous Migration Agents Code of Conduct form 1 March 2022 and for the introduction of a new code. The new Code of Conduct implements a recommendation of the Independent Review of the Office of the Migration Agents Registration Authority (the Independent Review) in September 2014, stating that the Code of Conduct be revised as it was “verbose, unclear and as a result problematic”. Hence, the new code of conduct aims to remove the ambiguity of the previous code, improve the code’s uptake,and provide for increased consumer protection by: Organize the code by removing duplication and outdated clauses. Updating fee-related provisions and record-keeping with consumer expectations and modern trends. Clarify migration agent’s obligations, including obligations relating to notification requirements, initial consultation sessions, assessment-ready applications, record-keeping, document return, and representations to a decision-maker. Assembling provisions dealing with similar subject matter together in the same parts of the code to improve ease of navigation. Enabling migration agents to more clearly understand their obligations and implement best business practices, including duties relating to advertising, managing clients’ accounts, managing conflicts of interest, and working in a business with others who may not be registered migration agents. The compilation is registered on the Federal Register of Legislation on 2 march 2022 and commenced on 1 March 2022. It is currently in force. To access the compilation, click here.
Migration (Designated regional areas for certain skilled and temporary graduate visas) Instrument (LIN 22/022) 2022, dated 17 February 2022, expands the parts and areas of Australia to be included as designated regional areas for certain skilled and temporary graduate visas, specifically for sub regulation 1.15M(1), the definition of regional Australia in sub-regulation 5.19(16), and for subparagraph 888.226(2)(c)(i) and paragraph 892.213(3)(b) of Schedule 2 to the Regulations. The instrument includes Moreton Bay and Ipswich, Queensland in the definition of regional Australia, as specified areas for skilled and temporary graduate visas. The instrument applies to the following processes that take place after its commencement: a) a nomination made under paragraph 140GB(1)(b) of the Migration Act 1958 (the Act). b) an application for approval of a nomination made under subregulation 5.19(1)) of the Regulations, it relates toRegional Sponsored Migration Scheme(Subclass 187) visa in the Temporary Residence Transition stream; c) an application made for any of the following visas: i. a Temporary Graduatevisa(Subclass 485) in thesecond post-study work stream; ii. a Skilled Work Regional (Provisional)visa(Subclass 491); iii. aBusiness Innovation and Investment (Permanent) visa(Subclass 888); iv. a State/Territory Sponsored Business Owner visa(Subclass 892); d) an assessment made under section 93 of the Act, it relates to the the assessment on a points based system by the Minister for applications of SkilledIndependent visa(Subclass 189) in the points-tested stream, Skilled Nominatedvisa (Subclass 190),Skilled Work Regional (Provisional) visa (Subclass 491) . e) a grant of any of the following visas: i. aTemporary Graduatevisa(Subclass 485) in thesecond post-study work stream; ii. a Skilled Work Regional (Provisional) visa(Subclass 491); iii. aSkilled Regional (Provisional) visa(Subclass 489). The instrument has also repealedMigration (Regional Areas) Instrument (LIN 20/292) 2020 (F2021L00044) and is replaced by operative provisions of this instrument. The instrument is registered on the Federal Register of Legislation on 2 March 2022 andcommenced on 5 March 2022. To access the instrument, click here.