Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 dated 23 July 2021 [“the Regulations”] amend the Migration Regulation 1994 to allow certain Temporary Sponsored Parent Visa (Subclass 870) holders an additional time of 18 months to travel to and stay in Australia once travel resumes after COVID-19 related travel restrictions are lifted. The Regulations also make changes in the relevant visa criteria to reflect the amendment. In order to limit the adverse impact of COVID-19 related travel restrictions and practical difficulties on holders of Subclass 870 visas, the Regulations extend visa period for 18 months, in addition to the period for which the visa was originally granted, for visa holders who were outside Australia on 01 July 2021. The Regulations also amend the criteria for making a valid application for the subsequent Subclass 870 Temporary Sponsored Parent Visa to provide that the total period of Subclass 870 visas already held by the applicant must be ‘less than 10 years’, which was previously ‘not exceeding ten years’. The Regulations are registered on the Federal Register of Legislation on 27 July 2021, commenced on 30 July 2021 and are currently in force. To access the Regulations, click here.
Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 dated 23 July 2021 [“the Regulations”] amend the Migration Regulation 1994 to update the eligibility criteria for a subsequent Working Holiday Maker Subclass 417 visa and Subclass 462 visa by excluding employment under certain employers as constituting ‘specified work’ to facilitate the safety and welfare of persons undertaking work in Australia. The Regulations provide that to qualify for the grant of second or third Working Holiday visa working for the benefit of specified businesses, including a person, partnership or unincorporated association, as an employee or contractor, will not be counted as specified work for the related visa. This exclusion would apply only if a business is listed in the legislative instrument signed by the Minister on the considerations that the employer may pose a risk to the safety or welfare of a person performing work in the employment or performance of work in the employment may pose a risk to the safety or welfare of a person, for example, any relevant convictions. This is to ensure that the migrant workers are not exploited for work in Australia. The Regulations are registered on the Federal Register of Legislation on 27 July 2021, commenced on 28 July 2021 and are currently in force. To access the Regulations, click here.
Invitation Round: 21 July 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: 02 invitations ACT 190 nomination: 2 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 201 invitations ACT 190 nomination: 30 invitations 190 minimum Matrix score: 90 ACT 491 nomination: 171 invitations 491 minimum Matrix score: 65 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 on or before 31 July 2021.
The Prime Minister has announced formulation a four-stage plan to reopen Australia, including reopening international borders, titled ‘The National Plan to Transition Australia’s National COVID-19 Response’. The plan focusses at no imposition of lockdowns (except in extreme circumstances) and opening international borders as COVID-19 vaccination rate rises. The four stages are as follows: Vaccinate, prepare and pilot (current Phase) to minimise community transmission of the virus. Post Vaccination Phase to minimise serious illness and fatality caused by the virus, including restoring inbound passengers caps for unvaccinated returning travellers and larger caps for vaccinated returning travellers; and allowing entry of student visa and economic visa holders. Consolidation Phase to manage the virus with public health management, including abolishing caps on returning vaccinated travellers; allowing increased capped entry of student, economic, and humanitarian visa holders; lifting restrictions on outbound travel for vaccinated persons; and extending travel bubble for unrestricted travel to new countries. Final Phase to manage the virus with public health management, including allowing uncapped inbound arrivals for all vaccinated persons, without quarantine; and allowing uncapped arrivals of non-vaccinated travellers. Further recommendations on finalising the plan will be made by COVID-19 Risk Analysis and Response Task Force in due course of time.
NSW has announced that the applications for State’s nomination for Business and Skilled Migration Program 2021–22 can now be made online. While the applications for NSW nomination for Subclass 188 (Business Innovation and Investment) visa remain closed pending announcement of new nomination criteria, the applicants can still apply for Permanent and Extension Business and Investor visas. The Permanent and Extension Business and Investor visas include: Business Talent (Permanent) visa (Subclass 132) – Significant Business History stream Business Innovation and Investment (Permanent) visa (Subclass 888A) – Business Innovation stream Business Innovation and Investment (Permanent) visa (Subclass 888B) – Investor stream Business Innovation and Investment (Permanent) visa (Subclass 888C) – Significant Investor stream Business Innovation and Investment (Permanent) visa (Subclass 888E) – Entrepreneur stream Business Owner (Permanent) visa (Subclass 892) Investor (Permanent) visa (Subclass 893) Investor Retirement visa (Subclass 405) – Rollover In addition, the State is expected to announce NSW Skilled 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.
South Australia has announced that the applicants for State’s Skilled Migration Program 2021-22 will get access to a direct online application system to apply for state nomination, for the Skilled Nominated subclass 190 visa and the Skilled Work Regional subclass 491 visa, from 20 July 2021, 8am. The skilled migrants must meet both, the visa criteria as defined by the Department of Home Affairs criteria and South Australia’s state nomination requirements, for the approval of nomination by South Australia. The State has also set priority streams for the skilled migration program to include: Talent and Innovators Program to contribute to priority growth industry sectors Applicants currently working in South Australia (including long-term residents) International Graduates of South Australia, who are currently working in their nominated or closely related occupation for the last 3 months Offshore Registration of Interest in Critical Skills in specific trade and health occupations To access South Australia’s full occupations list and requirements, click here.
Western Australia has announced changes to the State’s Skilled Migration Program 2021-22 on 05 July 2021 to update the Western Australian Skilled Migration Occupation List (WASMOL). It expands the occupation lists available for Western Australia State nomination through the General stream to include a Schedule 1 and Schedule 2 list and adding those occupations that are considered a priority for the State. The WASMOL is available to applicants who intend to use the General Stream WASMOL Schedule 1 or the General Stream WASMOL Schedule 2. According to the updated requirements, an applicant who intends to use the General Stream WASMOL Schedule 2 must: Meet the visa criteria for the intended visa subclass (i.e. the Skilled Nominated subclass 190 visa or the Skilled Work Regional subclass 491 visa) as defined by the Department of Home Affairs, Have a full time employment contract for at least 12 months in Western Australia in the nominated occupation or in closely related occupation, and Meet the minimum English requirements for the chosen occupation. For the applicants with an occupation on the WASMOL Schedule 1, the existing requirements for the General stream will apply. To access the full occupations list, click here.
The Department of Home Affairs has made major changes to the Skilled Migration Program (2021-2022) of Victoria and has provided Victoria with 3,500 places for Subclass 190 Skilled Nominated Visa and 500 places for Subclass 491 Skilled Work Regional (provisional) Visa. The program is open to new Registrations of Interest (ROI) from 07 July 2021. Major modifications to the Skilled Migration Program this year: No minimum experience and hours worked requirement. Expansion in the list of target sectors to include health, medical research, life sciences, digital, agri-food, advanced manufacturing and new energy, emissions reductions and circular economy. An applicant for skilled 190 visa nomination must have STEMM (science, technology, engineering and mathematics) skills and a Skill Level 1 or 2 occupation. An applicant for skilled work regional 491 visa nomination must have STEMM skills and may also have a Skill Level 3 occupation. For applicants who have submitted an interest in previous year’s program and were not selected, must submit a new ROI in the current program year.
Compilation of Migration (IMMI 15/100: Complying Investments) Instrument 2015 dated 01 July 2021 incorporates the amendment made by Migration (Complying Investments) Amendment Instrument (LIN 21/041) 2021 dated 24 June 2021 [“the Instrument”] specifying the scope and requirements of complying significant investments (Reg 5.19C of Migration Regulations 1994) of a minimum total amount permitted for certain streams for Business Innovation and Investment (Provisional) visa Subclass 188 and Business Innovation and Investment (Permanent) visa Subclass 888 under Australia’s Business Innovation and Investment Program (BIIP). The Instrument specifies the requirement to make a complying significant investment and increased the minimum total amount of investment for the investor stream to $2,500,000, which was previously $1,500,000. It outlines required allocations for an eligible investment to at least 20% or 30% of the total investment, as the case may be, for venture capital funds and emerging companies investments. The Instrument also prescribes the requirement for the venture capital fund investment to be minimum 20% of the total investments and replaces the absolute dollar amount of AUD $500,000 for the same and also reduces the time to 6 months from 12 months, to enter into an agreement with the general partner for venture capital funds, after the visa is granted to the investor. Furthermore, the Instrument closes three underperforming streams, including the Premium Investor stream under Subclass 188 from 01 July 2021. However, complying premium investment continues to apply to applicants for a Subclass 888 visa who hold a Subclass 188 visa in the Premium Investor stream that was granted or applied for before 01 July 2021 and not for the Subclass 188 when the Premium Investor stream is closed. The Compilation is registered on the Federal Register of Legislation on 14 July 2021 and commenced on 01 July 2021 and is currently in force. To access the full Compilation, click here.
Compilation of Migration Regulation 1994 dated 26 June 2021 incorporates the amendments made by Migration Amendment (Merits Review) Regulations 2021 prescribing increased fee for review of visa decisions (including sponsorships and nominations decisions), except the protection visas decisions, by the Administrative Appeals Tribunal (AAT). Accordingly, pursuant to regulation 4.13(1) of the Migration Regulations 1994, the prescribed AAT fee is fixed at AUD $3,000 for applications, an increase from the previous fee of $1,826. In accordance with regulation 4.13A and 4.13B, the fee is not to be increased on 01 July 2021 and the amendment applies in relation to an application for review made on or after 01 July 2021. The Compilation is registered on the Federal Register of Legislation on 09 July 2021 and commenced on 26 June 2021 and is currently in force. To access the full Compilation, click here.