Visa Refusal Grounds Migration Amendment (Strengthening the Character Test) Bill 2021 amends the Migration Act 1958, to strengthen the character test in section 501, by providing specific and new ground of visa refusal and cancellation for the non-citizens who are convicted of serious offenses such as murder, sexual assault, or aggravated burglary. The Amendments ensure that non-citizens who are convicted of certain serious offenses and pose a risk to the safety of the Australian community, do not pass the character test in section 501 and maybe appropriately be considered for visa refusal or cancellation. It also sets out the elements of “designated offense”, which is a new ground to fail the character test. A designated offense is an offense punishable with at least a maximum term of not less than two years imprisonment and involves: Violence or threat of violence against a person includes an act constituting an offense of murder, manslaughter, kidnapping, aggravated burglary, robbery or assault, or an equivalent offense or Non-consensual conduct of a sexual nature, or Breaching an order made by a court or tribunal for the personal protection of another person, or Using or possessing a weapon, or Procuring, or assisting in any way with one of this designated crime It also provides that the offense involving violence against a person will not be considered as a designated offense unless it results in or considerably contributes to physical or mental harm, either temporarily or permanently to another person. The Bill is registered on the Federal Register of Legislation on 24 November 2021 and commences on the day after the Act receives royal assent. To know more, click here.
Invitation Round: 22 November 2021 Matrix nominating Small Business Owners: 02 invitations ACT 190 nominations: 02 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 02 invitations ACT 190 nomination: 02 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 51 invitations ACT 190 nomination: 04 invitations 190 minimum Matrix score: 115 ACT 491 nomination: 47 invitations 491 minimum Matrix score: 65 (Accountants: 95) 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 1 December 2021.
Migration Queensland has updated the requirement regarding Expression of Interests for invitations for skilled and business visa applicants. For skilled visa applicants, a new EOI must be submitted from Tuesday 26 October 2021 for nomination For business visa applicants EOI submitted from 1 July 2021 are still acceptable.
From 1 December 2021, fully vaccinated eligible visa holders can travel to Australia without a travel exemption, provided that they have proof of vaccination, a negative report of COVID-19 PCR test taken within three days of departure and they must comply with the quarantine requirements in the state or territory of their arrival. The requirement of completing an Australian Travel Declaration must be complied with by the travelers, who are more than 12 years and 3 months old, at least 72 hours before departure. The Department has also provided a list of eligible visas, which will also be updated over time to add other visa subclasses. Also, from 1 December 2021, the fully vaccinated citizens of Japan and Korea holding a valid Australian visa can also travel to Australia from their home country quarantine-free, without a travel exemption. They also must provide proof of vaccination and a negative report of the COVID-19 PCR test taken within three days of departure. These changes signify the successful implementation of the Australian Government’s National plan to safely open Australia’s international border. To access the list of eligible visas, click here To know more, click here.
Invitation Round: 15 November 2021 Matrix nominating Small Business Owners: 02 invitations ACT 190 nominations: 02 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 03 invitations ACT 190 nomination: 03 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 98 invitations ACT 190 nomination: 06 invitations 190 minimum Matrix score: 105 (Accountants: 110) ACT 491 nomination: 92 invitations 491 minimum Matrix score: 65 (Accountants: 95) 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 24 November 2021.
The Department of Home Affairs vides their email dated 17 November 2021 with the subject line ‘Proposed changes to the Newly Arrived Resident’s Waiting Period’ has informed all the Registered Migration Agents about the proposed policy changes to the Newly Arrived Resident’s Waiting Period (NARWP) for some Australian welfare payments. The NARWP for carer and family payments will increase to four years from 1 January 2022, subject to the passing of legislation. This is applicable for the migrants granted a relevant temporary or permanent visa on or after 1 January 2022 but excludes relevant permanent or temporary visas granted before 1 January 2022. The changes will affect: Carer Payment Carer Allowance Family Tax Benefit Part A Parental Leave Pay Dad and Partner Pay. Commonwealth Seniors Health Card and Low Income Health Care Card All the existing exemptions will remain intact for Humanitarian migrants and their families, including those who have experienced substantial changes in their circumstances, or who are in financial hardship. To know more, click here.
Invitation Round: 29 October 2021 The number of invitations issued: Skilled Independent Subclass 189 visa: 200 invitations Skilled Work Regional Subclass 491 visa-Family sponsored: 200 invitations Minimum points score: Skilled Independent Subclass 189 visa: 90 Skilled Work Regional Subclass 491 visa –Family-sponsored: 80
The Department has clarified the issue regarding whether parents and parents-in-law of Australians and de facto partners are included in the travel exemption. The Department on its Travel exemption page has addressed this issue and stated the evidence of relationship to be provided by the parent or parent in the law of an adult Australian Citizen or permanent resident and also by the De facto partner when applying for a travel exemption. To know more, click here.
The new Individual Legal Practitioner Numbers have been issued to the Legal Practitioner Members and also an updated Form 956 (Appointment of a registered migration agent, legal practitioner, or exempt person)has been published. The issuance of Legal practitioner Numbers enables the departmental system to differentiate between the legal practitioners and the registered migration agents. The Legal Practitioners who have yet not received their LPN can contact legalpractitioners@homeaffairs.gov.au.
Migration (Class of persons—Refugee and Humanitarian (Class XB) visa) Instrument (LIN 21/080) 2021 [” the Instrument”] dated 15 November 2021 specifies as a class of persons for paragraph 1402(3B)(b) of Schedule 1 to the Migration Regulations 1994, persons who were granted Subclass 449 visas due to the deteriorating security situation in Afghanistan. Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021, recently inserted the provision of enabling persons evacuated from Afghanistan to Australia to lodge applications for Refugee and Humanitarian (Class XB) visa for permanent residence while onshore which in normal circumstances, can only be applied for by, and granted to, applicants who are outside Australia. However, it allows for the onshore application and grant of class XB Humanitarian visas where the visa applicant is within a specified class of persons. According to the Instrument LIN21/080, an applicant for a Refugee and Humanitarian (Class XB) visa is in a class of persons, if the applicant has been granted a subclass 449 visa due to any of the following reasons: The deteriorating security situation in Afghanistan (the main 449 visa holder) An applicant is a member of the immediate family of a main 449 visa holder at the time that the main 449 visa holder was granted that visa An applicant is a member of the family unit of a main 449 visa holder An applicant is a member of the immediate family of a subclass 449 visa holder referred to in paragraph (b) An applicant is a child born in Australia who is taken to be granted a subclass 449 visa by operation of section 78 of the Act An applicant is the child of an applicant mentioned in paragraph (a) (b) (c) (d). The Instrument is registered on the Federal Register of legislation on 16 November 2021 and commenced on 17 November 2021. It is currently in force. To access the Instrument, click here.