Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021, dated 20 September 2021, amends Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 to specify that the Office of Migration Agents Registration Authority (the OMARA) has determined that the new and sole provider of Capstone is Legal Training Australia Pty Ltd from 1 January 2021, for the examinations for registration as a migration agent and to remove references to the common assessment(CAIs) items relating to registration. Item 1 of Schedule 1 of the instrument updates the definition of ‘Capstone assessment’, as the exam of that name which was delivered by The College of law before 1 January 2021 or by Legal Training Australia Pty Ltd after1 January 2021. Item 2 omits the definition of ‘common assessment items relating to registration’ in section 4. CAIs were assessment items that formed part of the Graduate Certificate in Australian Migration Law and Practice (Graduate Certificate), prior to this amendment instrument. The instrument is registered on the Federal Register of Legislation on 21 September 2021 and commenced on 22 September 2021. It is currently in force. To access the instrument, click here.
Immigration (Education) (Specification of temporary visas) Amendment Instrument (LIN 21/070) 2021, dated 12 September 2021, adds the Temporary Safe Haven (Class UJ), Subclass 449 (Humanitarian Stay (Temporary)) visa to the specified classes of temporary visas that a person must hold, or have applied for, to be eligible for the provision of English language tuition under the AMEP. The Australian government, in response to the humanitarian crisis in Afghanistan and to support and provide settlement assistance to the people entering from Afghanistan, who have been already granted or are expected to be granted Subclasss 449 visa, has added Subclass 449 (Humanitarian Stay (Temporary)) visa to the classes of temporary visa that provides for the English language tuition under the Australian Government’s Adult Migrant English Program (AMEP). This is applicable for the holders of Subclass 449 both offshore and onshore. The instrument is registered on the Federal Register of Legislation on 15 September 2021 and commenced on 16 September 2021. It is currently in force. To access the instrument, click here.
Compilation of Migration Regulations 1994, dated 30 September 2021, incorporates the amendments made by Migration Amendment (Australian Agriculture Workers) Regulations 2021 [“the Regulations”], to introduce a new Australian Agriculture Worker (AAW) stream under the Subclass 403 Temporary Work International Relations visa, to provide for the overseas workers to enter Australia and to support the government objective to fill labour shortages in primary industry sector including horticulture, meat processing, dairy, wool, grains, fisheries including aquaculture and forestry. The amendments state that the visa applicants who are the participants of the Australian Agriculture Worker Program (the AAWP) and the visa applicants sponsored by an employer who is a participant of AAWP will be eligible for the Australian Agriculture Worker (AAW) stream under the Subclass 403 Temporary Work International Relations visa. Bilateral agreements with foreign countries, negotiated by the Department of Home Affairs and Trade will be the basis to enact AAWP. Only the visa applicants of a country who is a party to contract under the AAWP are eligible under this stream. The compilation is registered on the Federal Register of Legislation on 21 October 2021 and commenced on 30 September 2021. It is currently in force. To access the full compilation, click here.
Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021, dated 18 October 2021, lays down the general circumstances for extending the eligible period for restricted legal practitioners and also the details to be stated in the written notice of the decision made by MARA. The instrument specifies circumstances, for subsection 278A(7) of the Act, in which Migration Agents Registration Authority (MARA) may consider it reasonable to extend the eligibility period for an eligible person who has made an application under subsection 278A(4) of the Act by up to two years. These circumstances include: Employment, business, and volunteering commitments Financial circumstances Any attempt to secure a supervised legal practice placement on a full‑time basis for a two-year period Study commitments Family responsibilities Medical conditions Any other hardship that applies to applicants The eligible period is the period of 2 years after the person first held a restricted practicing certificate which may be extended by MARA for a period of up to 2 years. The Instrument also specifies, for subsection 278A(8) of the Act, the details to be included in the written notice of decisions by the MARA to grant or not to grant an extension of the eligible period. The notice of decision must include: Reasons for the decision Findings on material questions of fact relied upon in making the decision Reference to the evidence that the applicant’s circumstances warranted the time extension by the MARA The instrument is registered on the Federal Register of legislation on 21 October 2021 and commenced on 22 October 2021. It is currently in force. To access the instrument, click here.
Invitation Round: 11 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: 04 invitations ACT 190 nomination: 04 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 116 invitations ACT 190 nomination: 49 invitations 190 minimum Matrix score: 90 (Accountants: 105 – up to 30 June) ACT 491 nomination: 67 invitations 491 minimum Matrix score: 65 (Accountants: 95 – up to 31 August) 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 20 October 2021.
Australian Citizenship (Special Residence Requirement) Instrument (LIN 21/069) 2021, dated 11 October 2021 [‘’the Instrument”] updates the specified kinds of work, organizations, and activities required to satisfy the resident requirement, by an applicant applying for Australian Citizenship by conferral and also repeals Australian Citizenship Act 2007 – Specification under section 22C – Special Residence Requirement – June 2013. The instrument broadens the special residence requirement by inserting certain kinds of work, organizations, and activities. The instrument adds participation in Commonwealth games as a specified activity and Commonwealth Games Australia as a specified organization for the purposes of section 22A of the Act. It also updates the specified kinds of work for section 22B of the citizenship Act. The specified work now includes work that is in the area of arts, academia, and research, profession, and sport, done by a primary holder of a relevant talent visa related to the area of internationally recognized record of exceptional and outstanding achievement in the same area. The Instrument is registered on the Federal Register of Legislation on 12 October 2021 and commenced on 13 October 2021. It is currently in force. To access the instrument, click here.
Compilation of Migration Amendment Regulations 1994 dated 7 August 2021 incorporates the amendments made by Migration Amendment (Clarifying International Obligations for Removal) Regulations 2021 dated 5 August 2021 [“the Instrument”] to insert a new regulation 4.34A prescribing a period of 120 days for the Administrative Appeals Tribunal (AAT) to make a decision on review of the decision under subsection 197D(2) of the Migration Act and notify the applicant of the outcome. The change aims at ensuring expeditious review on the decisions and providing certainty to the review applicants, specifically those in immigration detention. The Instrument states that for the purposes of section 419(1) of the Act, the prescribed period of 120 days starts when the AAT receives the application for merits review and ends at the completion of 120 days, starting on the first working day after the AAT received the review application. However, the amendment does not preclude the AAT to make a decision at any stage before the completion of 120 days. Subsection 197D(2) of the Migration Act provides the decision‑making power to the Minister regarding persons who previously engaged in protection obligations but no longer engage in those obligations. The Compilation is registered on the Federal Register of Legislation on 13 October 2021 and commenced on 7 August 2021. It is currently in force.
Following a few inquiries, we just thought to repeat this news that since 1st July 2021 BVE applications (subclass 050 and subclass 051) cannot be submitted by email as they will be treated as invalid applications. The Department had notified that from 01 July 2021, eligible applicants should submit their BVE application online through ImmiAccount or through the post to the nearest Australian Visa and Citizenship Office. Any application received by the Department email on or after 01 July 2021 will be invalid.
Invitation Round: 5 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: 02 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 78 invitations ACT 190 nomination: 17 invitations 190 minimum Matrix score: 95(Accountants-nil invited) ACT 491 nomination: 61 invitations 491 minimum Matrix score: 65 (Accountants: 100) 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 13 October 2021.
The significant health costs threshold for the applicants of temporary and permanent visas has been increased to $51000. The Department does not grant a visa if the applicant has a health condition which amounts to a significant cost to the Australian community in terms of the health care or community services unless a health waiver is exercised. For the purpose of this health requirement, the significant health costs threshold has been increased to $51000, which was previously $49000.Therefore, a cost of AUD 51,000 or more will be regarded as a significant health cost.