The Prime Minister of Australia has announced that from 21 February, Australia will reopen to all fully vaccinated tourists, business travellers and other visitors. The visa holders who are not fully vaccinated will be required to apply for a travel exemption to enter Australia and will be subject to quarantine requirements. To know more, click here.
Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 [Regulations], dated 17 February amends the Migration Regulation 1994 to extend previously granted temporary graduate and skilled regional provisional visas whose holders have been impacted by COVID-19 related international travel restrictions. The amendment regulations 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 replacement subclass 485 visa for the subclass 485 visa holders who were outside of 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 the 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 visa, was outside Australia on any day during the travel restriction period (1 February 2020 to 14 December 2021). The extension is also applicable for the secondary visa holders. The Instrument is registered on the Federal Register of Legislation on 17 February 2022 and commenced on 18 February 2022. It is currently in force. To access the instrument, click here.
Invitation Round: 1 February 2022 Matrix nominating Small Business Owners: 04 invitations ACT 190 nominations: 01 invitation 190 minimum Matrix score: 85 ACT 491 nominations: 03 invitations 491 minimum Matrix score: 65 457 visa / 482 visa holders: 06 invitations ACT 190 nomination: 06 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 24 invitations ACT 190 nomination: 08 invitations ACT 491 nomination: 16 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 18 invitations ACT 190 nomination: 08 invitations ACT 491 nomination: 10 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 18 February 2022.
From 19 January 2022, the Australian Government has lifted the limitations of working 40 hours per fortnight for international students, across all sectors to provide immediate assistance to Australian businesses currently facing critical workforce shortages. This relaxation is applicable for all current student visa holders as well as new student arrivals. International students can work more than 40 hours per fortnight in any sector of the economy. Also, during these temporary arrangements are in force, student visa holders must maintain their course enrolment, attendance, and satisfactory progress, which otherwise may lead to a breach of their visa conditions. This temporary relaxation will be reviewed by the Australian Government in April 2022. To know more, click here.
The Prime Minister has lifted the 6 months limitation of working for the same employer or organization for Working Holiday Maker visa holders, to assist with Australia’s COVID-19 economic recovery. WHMs, working anywhere in Australia, can work for the same employer, without requesting permission. WHM visa holders must meet Australia’s vaccination requirements, or have an approved travel exemption. These provisions are in force from 19 January 2022 till 31 December 2022. To know more, click here.
Migration (Digital Passenger Declaration—Circumstances where Passenger Card also required) Instrument (LIN 22/015) 2022, dated 19 January 2022, specifies the conditions, for sub-regulation 3.03AB(2) of Migration Regulations 1994, in which a clearance officer may require a person who has already provided a Digital Passenger Declaration (DPD) to provide a completed passenger card, to ensure their immigration clearance. The passenger card may be required when: The person’s DPD cannot be accessed by the clearance authority on a departmental system. A clearance officer has a reasonable doubt that the information provided in the person’s DPD is incomplete or inaccurate. The Instrument is registered on the Federal Register of Legislation on 24 January 2022 and commenced on 25 January 2022. It is currently in force. To access the Instrument, click here.
Compilation of Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021, dated, 19 January 2022, incorporates the amendments made by Migration (Refund of Visa Application Charge) Amendment Instrument (LIN 22/027) 2022, to include an additional condition where the first installment of visa application charge may be refunded to the student visa holders and the Working Holiday Makers to encourage them to travel Australia and contribute in the Australian economy. The Instrument provides that the student visa holders and the dependant visa applicants who arrive in Australia between 19 January 2022 and 19 March 2022 will be refunded the visa application charge paid at the time of application of their Student visa. Both primary and secondary applicants are eligible for the refund and also the present offshore visa holders as well as the new visa applicants who have been granted a visa. Also, Working Holiday Makers who arrive in Australia between 19 January 2022 and 19 April 2022 will be refunded the visa application charge paid at the time of application of their Working Holiday Maker program visa.VAC refund is applicable to present offshore visa holders as well as the new visa applicants who have been granted a visa. The request for the VAC refund must be made on or before 31 December 2022. The compilation is registered on the Federal Register of Legislation on 31 January 2022 and commenced on 19 January 2022. It is currently in force. To access the Instrument, click here.
Invitation Round: 11 January 2022 Matrix nominating Small Business Owners: 0 invitations ACT 190 nominations: 0 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 01 invitation ACT 190 nomination: 01 invitation ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 136 invitations ACT 190 nomination: 57invitations ACT 491 nomination: 79 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 106 invitations ACT 190 nomination: 25invitations ACT 491 nomination: 81 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 18 January 2022.
The compilation of Migration Regulations 1994 and Custom Regulation 2015 dated 14 December 2021 [” the Compilation”], incorporates the amendments made by Home Affairs Legislation Amendment (Digital Passenger Declaration) Regulations 2021, dated 9 December 2021, to introduce digital passenger declaration for use by travellers voluntarily. Schedule 1 amends the Migration regulations stating that a traveller providing a DPD will not be required to complete a passenger card or crew declaration for the purposes of immigration and customs clearance unless the DPD has been withdrawn. It has also laid down grounds to provide discretion to cancel a visa in case incorrect information is provided in relation to DPD. Schedule 2 amends the Customs Regulations to remove the requirement to use the passenger card or crew declaration to provide information to a Collector about accompanied or unaccompanied personal or household effects of a traveller if the traveller completes a DPD, provides a Collector with the code relating to the goods that is provided by the departmental system that processes the DPD, and updates or provides any further information if required, which can be done orally or in writing. In addition, it allows a Collector to require the completion of the passenger card or crew declaration if the Collector reasonably suspects that the DPD in relation to the personal effects is inaccurate or incomplete. Implementation of the DPD has commenced from December 2021. The compilations are registered on the Federal Register of Legislation on 13 January 2022 and commenced on 14 December 2021. It is currently in force. To access the compilation of Migration Regulations 1994, click here. To access the compilation of Customs Regulation 2015, click here.
Compilation of Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021, dated 1 January 2022[“the Compilation”], incorporates the amendments made by Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment Instrument (LIN 21/085) 2021, dated 13 December 2021[“the Instrument”] to update the requirements to make an application for, and be granted, a Work and Holiday Subclass 462 visa. The Instrument omits the references to ‘authorising email’ and inserts ‘written notice’ in its place, allowing an applicant to make an application for a subclass 462 visa in accordance with the instructions in the written notice. Also, the instrument has made the following changes for the passport holders of Switzerland, Greece, Ecuador, and Uruguay: Switzerland: If a person holds a valid passport issued by Switzerland, aged at least 18 and no more than 30 years old at the time of application, has completed two years of study following compulsory schooling in Switzerland, they may make an application for a subclass 462 visa. Such persons are also exempt from providing evidence of home government support. Uruguay: Applicants who hold a valid passport issued by Uruguay are exempt from providing evidence of home government support. Ecuador & Greece: Applicants who hold a passport issued by Ecuador or Greece will be required to provide evidence of home government support. The compilation is registered on the Federal Register of Legislation on 10 January 2022 and commenced on 1 January 2022. It is currently in force. To access the compilation, click here.