Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021, dated 28 October 2021, amends Migration Regulations 1994 to prescribe a list of certain skilled and regional visas that a person subject to section 48 is permitted to apply for while remaining in Australia who is currently prevented from applying onshore but is unable to leave and apply from overseas due to COVID-19 related travel restrictions. It also amends Citizenship Regulation 2016 to update the places and currencies in which citizenship application fees may be paid and the relevant conversion rates. In order to give person barred by section 48 more options to remain in Australia and to not depart Australia to make another visa application, this instrument specifies in schedule 1 the following skilled visas for which such person may apply: Skilled Nominated (Permanent) Subclass 190 visa Skilled Employer Sponsored Regional (Provisional) Subclass 494 visa Skilled Work Regional (Provisional) Subclass 491 visa It expands the list of exempted classes of visas prescribed in regulation 2.12 enabling regional and nominated skilled visa applications to be made by people who are affected by the section 48 bar, but meet all other requirements for making an application for the visa. Schedule 2 of the instrument makes routine amendments to facilitate the lawful collection of citizenship application fees in specified foreign countries and foreign currencies at updated exchange rates. The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of the instrument will commence on 13 November 2021 and schedule 2 on 1 January 2022. To access the Instrument, click here.
Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021, dated 28 October 2021 repeals Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 20/029) 2020 and Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 18/219)2018 to consolidate the international trade agreements to be determined as an international trade obligation of Australia in these two instruments into one instrument. The Instrument determines Australia’s obligations under international law, relating to international trade, under subsection 140GBA(2) of the Act, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. The Instrument has added the Regional Comprehensive Economic Partnership Agreement (RCEP) to the list of applicable trade agreements. The RCEP is a new international trade agreement and is made between the Association of Southeast Asian Nations (ASEAN includes Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Viet Nam) and ASEAN’s free trade agreement partners including Australia, China, Japan, New Zealand and the Republic of Korea. The Instrument is registered on the Federal Register of Legislation on 01 November 2021. It is currently in force. To access the Instrument, click here.
Invitation Round: 25 October 2021 Matrix nominating Small Business Owners: 03 invitations ACT 190 nominations: 03 invitations 190 minimum Matrix score: 75 ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 11 invitations ACT 190 nomination: 11 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 78 invitations ACT 190 nomination: 02 invitations 190 minimum Matrix score: 120 ACT 491 nomination: 76 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 3 November 2021.
From 2 November 2021, South Australia will open an additional 24 Engineering occupations for the applicants currently residing outside Australia. The applicants must meet all Department of Home Affairs visa requirements, South Australia’s state nomination requirements, and the occupation must be listed on South Australia’s Skilled Occupation List, to apply for state nomination from South Australia. To access the South Australia state nomination requirements, click here. To access the list of occupations, click here.
The Migration Queensland program is currently open from Tuesday 26 October 2021. i. Business program The Business Migration Program is now open and will remain open until the quota is filled. The applicant’s Expression of Interest will be picked up from 1 July 2021. The following visas are available under the business program: The applicant’s Expression of Interest will be picked up from 1 July 2021. The following visas Business Innovation and Investment (Permanent) visa (subclass 888) Investor Retirement (Temporary) visa (subclass 405) renewal To access the Department of Home Affairs and Migration Queensland criteria for the above visas. ii. Skilled program The skilled program will remain open until the nomination quota is filled, although applications will not be processed during the Christmas period the program will remain open. The skilled applicants must submit a brand new EOI from Tuesday 26 October 2021. The following visas are available under-skilled program: Skilled Nominated (Permanent) visa (subclass 190) Skilled Work Regional (Provisional) visa (subclass 491). To access the Department of Home Affairs and Migration Queensland criteria for the above visas, click here. The 491 – Small Business Owners pathway is currently open and the applicant must submit an Expression of Interest (EOI) before submitting a 491 – Small Business Owners Assessment Form. The new criteria state those who have started a business and have continuously run that business for a minimum of 2 years can now apply for the 491-SBO visa stream. The business must be generating a profit and have a turnover of $200,000 in the 12 months prior to application. Applicants with an s48 bar will not be considered for Queensland state nomination.
VETASSESS has introduced changes to trade occupations, new information sheets for professional and general occupations, and also distributing badges for marketing occupations. i. Trade occupation update All successful applicants under the occupation of Bricklayer applying for a Pathway 1 skill assessment will receive a new qualification, CPC33020 Certificate III in Bricklaying and Blocklaying, ensuring that the applicants have the latest qualification for their trade. Trades Recognition Australia has laid down new requirements for Pathway 2 applicants in licensed trades: Applicants holding an Australian VET qualification need to demonstrate at least 12 months of full-time (or equivalent part-time) paid employment in their nominated occupation. The employment must have been completed in Australia in the three years prior to lodging the application. Applicants holding a current identified Australian occupational license (not subject to restrictions) must demonstrate 12 months full-time (or equivalent part-time) paid employment in the nominated occupation that has been completed in Australia or New Zealand in the three years prior to lodging the application. From 1 November onwards, these changes will be applicable for all new skills assessment applications lodged. ii. Professional occupations update VETASSESS has new and updated information sheets for professional occupations. To access the list, click here. iii. Digital badges for marketing occupations VETASSESS is now issuing digital badges to clients who receive a successful application in any of the three occupations: Advertising Specialist (ANZSCO 225111) Market Research Analyst (ANZSCO 225112) Marketing Specialist (ANZSCO 225113) These badges entitle them to a free one-year Professional International Membership to the Australian Marketing Institute (AMI).
Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021, dated 21 October 2021 amends Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021, to insert two additional circumstances in which the first installment VAC for Prospective Marriage (Subclass 300) visa holders or former holders (visa holders), who are adversely impacted by COVID-19 related travel difficulties, may be refunded. The instrument specifies two new conditions under subsection 5(4A) and subsection 5(7) in which the first installment of a VAC for a Prospective Marriage visa may be refunded: i. If the visa was in effect on 10 September 2021 and the visa holder entered Australia during that time but was unable to marry their sponsor before the visa ceased because of restrictions imposed by the COVID-19 pandemic and a request for refund has been made, on or before 31 December 2022, after the visa has ceased to be in effect. ii. If the visa was in effect on 15 September 2021, the visa holder was outside Australia on 15 September 2021 and did not enter Australia after 15 September 2021 as a holder of that visa, and a refund is requested on or before 31 December 2022, after the visa ceased to be in effect because the visa holder had requested the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations. The instrument is registered on the Federal Register of Legislation on 28 October 2021 and commenced on 29 October 2021. It is currently in force. To access the instrument, click here.
Invitation Round: 18 October 2021 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: 02 invitations ACT 190 nomination: 04 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 86 invitations ACT 190 nomination: 11 invitations 190 minimum Matrix score: 100 (Accountants: 115) ACT 491 nomination: 75 invitations 491 minimum Matrix score: 65 (Accountants: 95 – up to 30 September) 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 26 October 2021.
The new ranking system, used for issuing invitations to apply for State nomination gives preference to applicants currently residing in Western Australia. The updated State nomination ranking system: General stream Currently residing in Western Australia Currently residing in another Australian state or territory Highest EOI points score and Oldest EOI submission date. Graduate stream — Higher education graduates 1. Currently residing in Western Australia 2. Currently residing in another Australian state or territory 3. Completed a Ph.D. or Masters qualification in Western Australia 4. Completed an Honours degree or other higher degree in Western Australia 5. Completed a Bachelor degree in Western Australia Graduate stream — VET graduates Currently residing in Western Australia Currently residing in another Australian state or territory Completed a VET qualification at Advanced Diploma level in Western Australia Completed a VET qualification at Diploma level in Western Australia Completed a VET qualification at Certificate IV level in Western Australia.
The Minister for Home affairs Karen Andrews has announced that from 1 November 2021, parents of Australian citizens and permanent residents are eligible to apply for travel exemption, for travel to Australia. The travel exemption applications can be made through the Department of Home affairs Travel Exemption Portal, for travelling to Australia from 1 November 2021. The parents must have a valid passport, visa, and proof of vaccination, and also evidence of a parental relationship with an Australian citizen or a permanent resident. All international travellers remain subject to state and territory quarantine arrangements.