Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021,dated11 November 2021, amends the Migration Regulation 1994, to allow the evacuees from Afghanistan holding subclass 449 Humanitarian Stay Temporary visa 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. In-Country Special Humanitarian Subclass 201 visa is used to implement Australia’s offshore humanitarian visa program which requires the applicant to be outside Australia, however, due to the crisis in Afghanistan, the government has created an exception to the requirement for visa applicants to be offshore to access the Subclass 201 visa. However, applicants will need to meet standard public interest criteria relating to health and character, and also criteria requiring that permanent settlement in Australia is appropriate for the individual and is not contrary to the interests of Australia. The concession allowing the onshore application for, and grant of, Subclass 201 In-country Special Humanitarian visas, will only apply to holders of Subclass 449 Humanitarian Stay (Temporary) visas. The members of the family holding Subclass449 visa and onshore can make a combined application. It also includes a transitional provision which allows a Refugee and Humanitarian (Class XB)subclass 200, 201,202,203, 204visa applied for, outside Australia before the commencement of the regulations to be granted to an applicant who is in Australia due to the Afghan crisis and who holds or has held a Subclass 449 visa. The Instrument is registered on the Federal Register of legislation on 12 November 2021 and commenced on 13 November 2021. It is currently in force. To access the Instrument, click here.
Migration (ICC Men’s T20 World Cup 2022 and FIFA Women’s World Cup 2023—AGEEs) Instrument (LIN 21/049) 2021, dated 10 November 2021, specifies in relation to an applicant for a Subclass 408 visa, two Australian Government endorsed events (AGEE) and the related class of persons for each event, for clause 408.229 of Schedule 2 to the Regulations. It also provides for a nil visa application charge amount for applicants in a class of persons specified in sections 5 and 6 of the instrument. One of the primary criteria for an applicant temporary Activity Subclass 408 visa is that the person seeks to enter or remain in Australia to undertake work directly associated with an ‘Australian Government endorsed event, specified in a legislative instrument and the applicant must be in a class of persons specified in that instrument. The instrument specifies two AGEEs which are the Federation Internationale de Football Association (FIFA) Women’s World Cup 2023 (FWWC 2023) and the International Cricket Council (ICC) Men’s Twenty20 World Cup 2022 (ICC Men’s T20WC 2022). An applicant for subclass 408 visa in relation to an AGEE, at the time of application, must nominate the event they are applying in. The table below shows the class of persons for the AGEEs specified in the instrument and also the class of persons to whom the visa application charge amount is nil. : FIFA Women’s World Cup 2023 ICC Men’s T20 World Cup 2022 An applicant approved for accreditation by the 2023 FWWC entity as a participant in the competition An applicant approved for accreditation by the T20 World Cup 2020 Ltd, in conjunction with the ICC, as a participant in the ICC Men’s T20 World Cup 2022 An applicant endorsed in writing by the 2023 FWWC entity as a participant in the competition; An applicant endorsed in writing by the T20 World Cup 2020 Ltd as a participant in the ICC Men’s T20 World Cup 2022 Any of the following persons: (i) FIFA staff or official; (ii) 2023 FWWC entity staff or official; (iii) FIFA subsidiary staff or official; (iv) FIFA delegation member, including match official; (v) FIFA contractor staff; (vi) FIFA confederation staff or official; (vii) FIFA member association staff or official; (viii) volunteer; (ix) media representative; (x) FIFA listed individuals accredited by the 2023 FWWC entity to attend the competition. · Any of the following persons: (i) employee of ICC Business Corporation FZ-LLC; (ii) ICC chairman, ICC chief executive, a member of the ICC board of directors or ICC executive; (iii) spouse or de facto partner of the ICC chairman, ICC chief executive, member of the ICC board of directors or ICC executive; (iv) ICC staff including agent or representative of the ICC; (v) invited guest of the ICC; (vi) member of the ICC Anti-Corruption Unit; (vii) ICC committee member; (viii) official event observer; (ix) member of a competing team, including a player, coach, medical personnel, team management, or team official; (x) match official, including an umpire or a referee; (xi) personnel from the host broadcaster or a rights holder; (xii) media personnel of a non-rights holder; (xiii) person who is approved for accreditation by the ICC or T20 World Cup 2020 Ltd as agreed by the Government of Australia. The instrument also repeals Migration (Classes of Persons and Specified Events for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/231. The Instrument is registered on the Federal Register of Legislation on 12 November 2021 and commenced on 13 November 2021. It is currently in force. To access the Instrument, click here.
Invitation Round: 08 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: 133 invitations ACT 190 nomination: 24 invitations 190 minimum Matrix score: 105 (Accountants: 110) ACT 491 nomination: 109 invitations 491 minimum Matrix score: 65 (Accountants: 90 – submitted before July) 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 16 November 2021.
The Temporary residents who are not registered with Medicare cannot obtain vaccination certificates and passports in the usual way. The residents ineligible for Medicare, need an Individual Healthcare Identifier (IHI) to get their proof of COVID-19 vaccinations online. The instructions regarding applying for the vaccination certificates and passport without a Medicare card are available on the Services Australia website. To know more, click here.
Migration (Extension of visa period for certain temporary safe haven visas) Instrument (LIN 21/078) 2021, dated 11 November 2021, extends the visa period for HumanitarianStay (Temporary) Subclass 449 visas held by Afghan evacuee cohort, for 12 months which was initially granted for 3 months. The instrument specifies that the visa period for the subclass 449 visa, granted due to the deteriorating security situation in Afghanistan, on or after 19 August 2021 or before the commencement of this instrument, is extended until 30 November 2022. This extension entitles subclass 449 holders to access Australian Government services and entitlements while they undertake the permanent visa process. The Instrument is registered on the Federal Register of Legislation on 11 November 2021 and commenced on 12 November 2021. It is currently in force. To access the Instrument, click here.
NSW Business and Skilled Migration update, clarifies NSW Complying investments for BIIP visas, defines ‘Headquartered in NSW’ and also notifies the closure of October submission window for subclass 491 visa. The wording for the NSW investment framework for BIIP investors and significant investor streams has been updated to ensure that the funds are compliant. It includes the investment framework for: 1. Venture capital and growth private equity investment 2. Emerging companies investment 3. Balancing investment NSW also defined Headquartered in NSW as having an ABN registration address in NSW, a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as an NSW company and the company’s activities are substantial in NSW and are not the merely peripheral activity of the company. It also notifies that the October submission window for Skilled Work Regional Subclass 491 visa has now closed and all invitations from this window issue. For more information, click here.
The updated Tasmanian Business Migration State Nomination Program is now open. The interested applicants for Subclass 188/888, Business Innovation stream and Entrepreneur Stream must submit a Registration of interest outlining their business or entrepreneurial proposal and skills and financial status of current business. High regard will be given to the strongest proposals from the register and the applicant will be invited to apply for nomination. Nominations in the Investor and Significant Investor Streams will not be offered this program year. To access the updated Tasmanian Business Migration State Nomination Program, click here.
The procedural instructions for section 501 has been updated on 31 October 2021.Section 501 deals with the refusal or cancellation of a visa on character grounds. The new procedural instructions relating to the character test, visa refusal, and visa cancellation have been introduced. Therefore, it is recommended to check the new policy instructions relating to section 501.
Invitation Round: 01 November 2021 Matrix nominating Small Business Owners: 0 invitations ACT 190 nominations: 0 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations ACT 491 nominations: 0 invitations 457 visa / 482 visa holders: 07 invitations ACT 190 nomination: 07 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 73 invitations ACT 190 nomination: 0 invitations 190 minimum Matrix score: ACT 491 nomination: 73 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 09 November 2021.
Migration Legislation Amendment (Hong Kong) Regulations 2021 dated 28 October 2021, amend the Migration Regulations 1994 (the Migration Regulations) and the Migration Amendment (New Skilled Visas) Regulations 2019 to implement the extended visa arrangements for BNO passport holders and the permanent residence pathways for both Hong Kong and BNO passport holders. The schedule 1 of the instrument extends previously granted temporary skilled visas and temporary graduate visas (Subclasses 457,482, 485), and provides for future grants of those visas to be for five years if the primary visa holder held a BNO passport when the visa was granted. Schedule 1 of the instrument provides concessions to BNO holders with a retrospective effect from 9 July 2020. If the relevant visa has ceased since 9 July 2020, it will be re-enlivened, subject to the reason for cessation. This amendment puts the holders of British National passports in the same position that holders of Hong Kong passports were placed in from 9 July 2020. Schedule 2 of the instrument inserts requirements that must be met by applicants seeking to apply for a Skilled Independent subclass 189 visa in the new Hong Kong stream. It grants permanent residence to Hong Kong passport holders and British National (Overseas) passport holders, and their family members. The applicants for the Skilled Independent subclass 189 Visa new Hong Kong stream must: be a holder of a Hong Kong passport or a British National(Overseas) passport have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions have held that visa for at least 4 years have been resident in Australia for a period of 4 years meet PIC 4007(both primary and secondary applicant) Schedule 2 also amends the Subclass 191 visa so that it will provide a pathway to permanent residence for visa holders covered by the Hong Kong concessions. Subclass 191 now has two streams for primary applicants: the Regional Provisional Visas stream; and the Hong Kong (Regional) stream The applicants for the Permanent Residence (Skilled Regional) subclass 191 Visa new Hong Kong stream must: be the holder of an HKSAR or a BNO passport have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions held that visa while meeting the regional requirements for 3 years and be resident in Australia for a continuous period of 3 years immediately before applying meet PIC 4007(both primary and secondary applicant) have lived, worked, or studied, three years immediately before applying, exclusively in a designated regional area There is no requirement to meet an income threshold for these 3 years before applying for this Hong Kong stream. The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of this instrument commences retrospectively from 9 July 2020 and schedule 2 will commence on 5 March 2022. To access the Instrument, click here.