Migration Amendment (Clarifying International Obligations for Removal) Regulations 2021dated 5 August 2021 [“the Instrument”] amends the Migration Regulations 1994 to insert a new regulation 4.34A prescribing a period of 120 days for the Administrative Appeals Tribunal (AAT) to make decision on review of 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 section419(1) of the Act, the prescribed period of 120 days starts when the AATreceives the application for merits review and ends at the completion of 120 days, starting on the first working day after the AATreceived 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 Ministerregardingpersons who previously engaged in protection obligations but no longer engage in those obligations. The Instrument is registered on the Federal Register of Legislation on 06 August 2021 and commenced on 7 August 2021. It is currently in force. To access the Instrument, click here.
Invitation Round: 04 August 2021 Matrix nominating Small Business Owners: 02 invitations • 190 nominations: 0 invitations • 190 minimum Matrix score: 0 • 491 nominations: 02 invitations • 491 minimum Matrix score: 65 457 visa / 482 visa holders: 08 invitations • ACT 190 nomination: 08 invitations • ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 91 invitations • ACT 190 nomination: 22 invitations • 190 minimum Matrix score: 90 (Accountants: 110) • ACT 491 nomination: 69 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 nomination. The next Canberra Matrix invitation round will be held before 12 August 2021.
NSW has announced the State’sSkilled Occupation lists for the 2021-22 financial year for the skilled visas, both the Skilled Nominated (Permanent) Subclass 190 visa and Skilled Work Regional (Provisional) Subclass 491 visa, for highly skilled professionals in various occupations to drive economic growth in the State. The applicants must have a positive skills assessment outcome in an occupation to be eligible for State Nomination. NSW Skilled Nominated visa (subclass 190) occupation list Managers Mixed Crop and Livestock FarmersConstruction Managers Engineering Managers Production Managers Child Care Centre Managers Health and Welfare Service ManagersICT Managers Other Specialist Managers Cafe and Restaurant Managers Hotel and Motel Managers Professionals PhotographersJournalists and Other Writers Accountants Auditors Actuaries, Mathematicians and Statisticians Economists Land Economists and Valuers Librarians Architects and Landscape Architects Industrial Designers Graphic and Web Designers, and Illustrators Interior Designers Urban and Regional Planners Civil Engineering Professionals Electrical Engineers Electronics Engineers Industrial, Mechanical and Production Engineer Mining Engineers Other Engineering Professionals Food Scientists Environmental Scientists Life Scientists Medical Laboratory Scientists Veterinarians Other Natural and Physical Science Professionals Early Childhood (Pre-primary School) Teachers Primary School Teachers Secondary School Teachers Special Education Teachers University Lecturers Vocational Education Teachers Medical Imaging Professionals Occupational and Environmental Health Professionals Pharmacists Dental Practitioners Occupational Therapists Physiotherapists Other Medical Practitioners Midwives Nurse Educators and Researchers Nurse Managers Registered Nurses ICT Business and Systems Analysts Multimedia Specialists and Web Developers Software and Applications Programmers Database and Systems Administrators, and ICT Security Specialists Computer Network Professionals ICT Support and Test Engineers Telecommunications Engineering Professionals Psychologists Social Professionals Social Workers Welfare, Recreation and Community Arts Workers Technicians and Trades Workers Agricultural TechniciansMedical Technicians Architectural, Building and Surveying Technicians Civil Engineering Draftspersons and Technicians Electrical Engineering Draftspersons and Technicians Mechanical Engineering Draftspersons and Technicians Other Building and Engineering Technicians ICT Support Technicians Automotive Electricians Motor Mechanics Sheetmetal Trades Workers Structural Steel and Welding Trades Workers Metal Fitters and Machinists Panelbeaters Bricklayers and StonemasonsCarpenters and Joiners Painting Trades Workers Glaziers Roof Tilers Wall and Floor Tilers Plumbers Electricians Airconditioning and Refrigeration Mechanics Electrical Distribution Trades Workers Electronics Trade Workers Bakers and Pastrycooks Butchers and Smallgoods Makers Chefs Cooks Veterinary Nurses Hairdressers Cabinetmakers Community and Personal Service Workers Dental Hygienists, Technicians and TherapistsDiversional Therapists Enrolled Nurses Welfare Support Workers Skilled Work Regional (Provisional) visa (subclass 491) Combined Occupation List (Stream 1) Electronics EngineerIndustrial Engineer Mechanical Engineer Production or Plant Engineer Mining Engineer (Excluding Petroleum) Aeronautical Engineer Agricultural Engineer Biomedical Engineer Engineering Technologist Environmental Engineer Engineering Professionals nec Agricultural Consultant Agricultural Scientist Chemist Food Technologist Environmental Consultant Marine Biologist Microbiologist Zoologist Medical Laboratory Scientist Veterinarian Natural and Physical Science Professionals nec Early Childhood Teacher Secondary School Teacher Special Needs Teacher Medical Diagnostic Radiographer Medical Radiation Therapist Sonographer Occupational Health and Safety Adviser Optometrist Retail Pharmacist Chiropractor Occupational Therapist Physiotherapist Podiatrist Emergency Medicine Specialist Obstetrician and Gynaecologist Ophthalmologist Pathologist Diagnostic and Interventional Radiologist Medical Practitioners nec Midwife Nurse Manager Nurse Practitioner Registered Nurse (Aged Care) Registered Nurse (Child and Family Health) Registered Nurse (Community Health) Registered Nurse (Critical Care and Emergency) Registered Nurse (Disability and Rehabilitation) Registered Nurse (Medical) Registered Nurse (Medical Practice) Registered Nurse (Mental Health) Registered Nurse (Perioperative) Registered Nurse (Surgical) Registered Nurse (Paediatric) Registered Nurses nec ICT business Analyst Systems Analyst Multimedia Specialist Web Developer Analyst Programmer Developer Programmer Software Engineer Software Tester Database Administrator ICT Security Specialist Systems Administrator Computer Network and Systems Engineer Network Administrator ICT Support Engineer ICT Systems Test Engineer Telecommunications Engineer Telecommunications Network Engineer Solicitor Clinical Psychologist Psychologists nec Social Worker Welfare Worker Medical Laboratory Technician Architectural Draftsperson Civil Engineering Draftsperson Civil Engineering Technician Electrical Engineering Draftsperson Electrical Engineering Technician Building and Engineering Technicians nec Telecommunications Network Planner Automotive Electrician Motor Mechanic (General) Diesel Motor Mechanic Motorcycle Mechanic Small Engine Mechanic Sheetmetal Trades Worker Metal Fabricator Welder (First Class) Fitter (General) Fitter and Turner Fitter-Welder Metal Machinist (First Class) Metal Fitters and Machinists nec Locksmith Panelbeater Bricklayer Stonemason Carpenter and Joiner Carpenter Joiner Glazier Fibrous Plasterer Wall and Floor Tiler Plumber (General) Drainer Gasfitter Roof plumber Electrician (General) Airconditioning and Refrigeration Mechanic Technical Cable Jointer Electronic Equipment Trades Worker Electronic Instrument Trades Worker (General) Baker Pastrycook Butcher or Smallgoods Maker Chef Cook Horse Trainer Hairdresser Cabinetmaker Enrolled Nurse Community Worker Program or Project Administrator To access Occupation List for Stream 2 and 3 for specified Regional area, click here.
Tasmania has announced the nomination quota, changes to nomination requirements and the nomination priorities for Subclass 491 Skilled Work Regional (Provisional) visa and Subclass 190 Skilled Nominated visa for the 2021-2022 program year. The Department of Home affairs has allotted the following nomination quota for the 2021-2022 year to Tasmania: 1100 places for Subclass 190 Skilled Nominated Visa 2200 places for Subclass 491 Skilled Work Regional (provisional) Visa Some of the places are expected to be used for application from the previous year’s program. While minimal modifications to the nomination requirements have been made, a summary of requirements for applicants who are graduates and working in Tasmania is provided below. For Tasmanian Graduates, employment is not necessary. However, if the employment is for more than 3 months; or the applicant is employed in dairy, meat, accommodation, logistics, or farming industry for at least 6 months immediately prior to lodging their nomination application; or the employer is established and operating in Tasmania for at least 12 months, or the applicant’s business has been operating for at least 6 months, the evidence of employment and business operation, as the case may be, will be relevant for the assessment. For the applicants, who are working in Tasmania, to be eligible must have either: experience of minimum 3 months for the related occupation on the Tasmanian Skilled Occupation List for which the applicant has a skill assessment, or a letter of support from the sponsoring employer if the applicant is a holding Subclass 482 Temporary Skill Shortage visa holder and has worked for less than 12 months with that employer The Skilled Migration Program aims to support Tasmanian businesses and increases the State’s working-age population by prioritizing migrants with skills genuinely in need by employers, or and business activities that will increase employment opportunities for locals. Migration Tasmania’s nomination applications are considered according to these priorities: Applicants with skills and experience in critical roles, such as health, allied health, infrastructure engineering Applicants skills and experience in an occupation which is on the Tasmanian Skilled Occupation List Applicants in other skilled employment (ANZSCO Skill Level 1-3) New business owners providing substantial employment opportunities for local people All other eligible candidates with skills or training relevant to the needs of Tasmania
The Department of Home Affairs had made changes in the eligibility criteria and conditions for a Temporary Graduate Subclass 485 Visa for the applicants affected by travel restrictions in response to the Covid-19 pandemic. In addition, the Department now allows for extra time to provide evidence of English language tests, biometrics collection, and health examinations, where access to the services was disrupted due to Covid-19. The applicants may attach the relevant booking confirmation on ImmiAccount where an appointment is made more than 28 days into the future. The key changes in criteria and conditions for a Temporary Graduate Subclass 485 are as follows: Graduates can apply for and be granted a Temporary Graduate visa offshore Studying online, while outside Australia will meet the Australian Study Requirement for existing and new student visa holders Applicants must hold or have held an eligible student visa, other than one supported by the Defence or Foreign Affairs and Trade Minister if applying for offshore Flexible timeframes to provide English language test results, biometrics collections, and health checks, only where the services were disrupted due to COVID-19 Studying online or having an approved course deferral will not amount to a breach of student visa conditions
The Department of Home Affairs had announced certain reforms to the Partner visa program as part of the last year’s Federal Budget announcement, including pre-approval of Sponsorship applications and new English language requirement for Partner visa applicants at the permanent stage, to strengthen the integration outcomes of the Partner program. The reforms will apply the sponsorship framework as set out in the Migration Amendment (Family Violence and Other Measures) Act 2018 where the sponsor will have to lodge their sponsorship application and have it approved prior to the partner visa application is lodged. They also aim to introduce the new English requirement for sponsors and applicants to provide evidence of functional English or demonstrate that they have made reasonable efforts to learn English when they reach the permanent Partner visa stage. The changes are expected to come into effect around November 2021.
On 26 July 2021, The Hon Jason Wood MP, Assistant Minister for Customs, Community Safety and Multicultural Affairs has announced the release of the updated Consumer Guide and Factsheet outlining provision and manner of immigration assistance, and the fees charged by registered Migration Agents. The resources have been translated into 34 languages to reach the wider community seeking immigration assistance, in line with the ‘commitment to ensuring a world class migration advice industry’ in Australia. The updated Guide incorporates the changes which remove the dual regulation for Australian legal practitioners providing migration advice. In addition, it includes the Code of Conduct and process to complain if there are any concerns about Registered Migration Agents. It is also a reminder that providing immigration assistance in Australia by any person other than a registered migration agent, legal practitioner or exempt person is a punishable offence. In addition to English, the Consumer Guide and Factsheet are now available in the following 34 languages: · Amharic · Arabic · Bengali · Burmese · Chinese simplified · Chinese traditional · Dari · Dinka · Farsi · Filipino · French · German · Greek · Hindi · Indonesian · Italian · Japanese · Karen · Khmer · Korean · Kurdish · Malay · Nepali · Portuguese · Russian · Sinhalese · Spanish · Swahili · Tamil · Thai · Tigrinya · Turkish · Urdu · Vietnamese Consumer Guide | Fact Sheet To access the Consumer Guide and Factsheetin other languages, click here.
Canberra Matrix Invitation Round Invitation Round: 28 July 2021 Matrix nominating Small Business Owners: 03 invitations 190 nominations: 02 invitations 190 minimum Matrix score: 90 491 nominations: 01 invitations 491 minimum Matrix score: 65 457 visa / 482 visa holders: 04 invitations ACT 190 nomination: 02 invitations ACT 491 nomination: 02 invitations Matrix nominating Critical Skill occupations: 89 invitations ACT 190 nomination: 20 invitations 190 minimum Matrix score: 90 (Accountants: 110) ACT 491 nomination: 69 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 nomination. The next Canberra Matrix invitation round will be held before 06 August 2021.
On 27 July 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs made an announcement to add 3 new skilled occupations of Pharmacists on the Priority Migration Skilled Occupation List (PMSOL) to ensure that critical skills vacancies are filled in Australia in support of Australia’s COVID vaccine rollout. The 3 new occupations on the Priority List are: Hospital Pharmacist (ANZSCO 251511) Industrial Pharmacist (ANZSCO 251512) Retail Pharmacist (ANZSCO 251513) With the addition of 3 more occupations, the PMSOL consists of 44 skilled occupations in total. Visa holders sponsored in these 44 occupations have priority visa processing and are also eligible to travel to Australia on temporary visa. To access the full Priority List, click here.
Compilation of Australian Citizenship Regulation 2016 dated 01 July 2021 incorporates the amendments made by Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 dated 24 June 2021 [“the Regulations”] to reflect the changes in the citizenship fees for applications received by the Department on or after 01 July 2021 and updates the places and currencies to pay citizenship application fees, including the relevant exchange rates. The Regulations comprise seven schedules, including changes to citizenship fees, payment of citizenship fees in foreign currencies, and relevant application, saving and transitional provisions under Schedules 5, 6 and 7, respectively. The changes include applying nil application fee for evidence of citizenship where it is made as a combined application with citizenship by descent or adoption application, updating eligibility for concessional fees for an application for citizenship by conferral, and updating citizenship application fees. The Regulations also specify the relevant conversion instrument as the Migration (Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument (LIN 21/003) 2021 (No. 2) and places and currencies instrument as the Migration (Places and Currencies for Paying of Fees) Instrument (LIN 21/004) 2021 (No. 2). The Compilation is registered on the Federal Register of Legislation on 26 July 2021 and commenced on 01 July 2021. To access the full compilation, click here.