On 22 June 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs made an announcement to add 22 new skilled occupations on the Priority Migration Skilled Occupation List (PMSOL) to ensure that critical skills vacancies are filled in Australia in support of Australia’s COVID recovery plan. The new occupations on the Priority List are: Accountant (General) (ANZSCO 221111) Accountant (Management) (ANZSCO 221112) Accountant (Taxation) (ANZSCO 221113) Analyst Programmer (ANZSCO 261311) Cartographer (ANZSCO 232213) Chef (ANZSCO 351311) Civil Engineer (ANZSCO 233211) Electrical Engineer (ANZSCO 233311) External Auditor (ANZSCO 221213) Geotechnical Engineer (ANZSCO 233212) ICT Security Specialist (ANZSCO 262112) Internal Auditor (ANZSCO 221214) Medical Laboratory Scientist (ANZSCO 234611) Mining Engineer (ANZSCO 233611) Multimedia Specialist (ANZSCO 261211) Orthotist / Prosthetist (ANZSCO 251912) Other Spatial Scientist (ANZSCO 232214) Petroleum Engineer (ANZSCO 233612) Software and Applications Programmers (ANZSCO 261399) Structural Engineer (ANZSCO 233214) Surveyor (ANZSCO 232212) Transport Engineer (ANZSCO 233215) With the addition of 22 occupations, the PMSOL consists of 41 skilled occupations in total. Visa holders sponsored in these 41 occupations are now eligible to travel to Australia on temporary visa. To access the full Priority List, click here.
Migration Amendment (Tabling Notice of Certain Character Decisions) Act 2021 [“the Act”] amends the Migration Act 1958 to include provisions in relation to making certain character decisions by the Minister where the Minister must cause notice of the making of the decision to be laid before each House of the Parliament. The Act inserts new provisions to subsection 501(4), namely subsection (4A) which requires the Minister to lay down before each House of Parliament notice of the making of certain character decisions in relation to a person under subsection 501(3) within 15 sitting days of that House after the day the decision was made; subsection (4B) which outlines the provisions where subsection (4A) is not applicable. Subsection 501(3) decisions are the decisions for visa refusal or visa cancellation on character grounds that the Minister makes personally in the national interest, without notice to the visa applicant or visa holder. The Act received the Royal Assent on 24 May 2021 and was registered on the Federal Register of Legislation on 26 May 2021. The provisions of the Act commenced from 25 May 2021 and are currently in force. To access the full Act, click here.
Migration Amendment (Clarifying International Obligations for Removal) Act 2021 [“the Act”] amends the Migration Act 1958 to clarify that the duty to remove under the Migration Act should not be enlivened which would result in breach of non-refoulement obligations, as identified in a protection visa assessment process, including Australia’s obligations, and related amendments to the Intelligence Services Act 2001. The Act inserts a new section 36A which lays down provisions for consideration of protection obligations and making record thereof while considering a valid application for a protection visa made by non-citizen. Further, it substitutes subsection (3) of section 197C regarding the relevance of Australia’s non‑refoulement obligations to removal of unlawful non‑citizens under section 198. The Act also inserts a new section 197D which sets out the provisions relating to decision that protection finding would no longer be made in relation to unlawful non-citizen and new section 419 to specify the provisions when certain decisions on review must be made within the prescribed period. The Act received the Royal Assent on 24 May 2021 and was registered on the Federal Register of Legislation on 26 May 2021. The provisions of the Act commenced from 25 May 2021 and are currently in force. To access the full Act, click here.
Compilation of Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021 dated 27 February 2021 [“the Compilation”] incorporates the amendments made by Migration (Class of persons for Visitor (Class FA) visa nil VAC) Amendment Instrument (LIN 21/033) 2021 dated 23 April 2021 [“the Instrument”] clarifying the Visitor Visa Subclass 600 applicants to whom nil Visa Application Charge (VAC) is applicable. The Instrument omits the words “other than in the Frequent Traveller stream” for the purpose of Paragraph 4(c) of the Compilation. Paragraph 4 defines the following class of persons for nil VAC for purpose of subparagraph 1236(2)(a)(iv) of Schedule 1 of the Migration Regulations 1994: the applicant is outside Australia at the time of application; the application is made between 27 February 2021 and 31 December 2022; the applicant was previously granted a Subclass 600 visa, while outside Australia before 21 March 2020; that visa expired, or is expiring between 20 March 2020 and 31 December 2021; that visa was a multiple entry visa or a single entry visa not used to enter Australia; and if the applicant has made an application that is pending decision, after 27 Feb 2021. The Compilation is registered on the Federal Register of Legislation on 17 May 2021, commenced on 27 February 2021 and is currently in force. To access the full Compilation, click here.
Compilation of Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 14 May 2021 [“the Compilation”] incorporates the amendments made by Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 dated 01 December 2020 [“the Instrument”]. The Instruments amends Schedule 2 criteria for Subclass 408 visa to include applicants who work in the tourism and hospitality sector to be eligible to make an application for a Subclass 408 visa, if they held a substantive temporary visa that is 90 days or less from expiring. The Compilation reflects these changes in Para 8(3) of Part 2 and as such, the first instalment amount of the visa application charge is nil for such eligible applicants. The Compilation is registered on the Federal Register of Legislation on 28 May 2021 and commenced on 14 May 2021. This changes apply to an application for a Subclass 408 visa that is either made on or after 14 May 2021 or made before 14 May 2021 but not finally determined. To access the full Compilation, click here.
Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument (LIN 21/018) 2021 dated 13 May 2021 [“the Instrument”] inserts a new class of applicants who are exempted from the primary criterion of minimum amount of taxable income requirements for Skilled Independent (Subclass) 189 visa and outlines the evidence required for this purpose. The Instrument sets outs the minimum amount of income for an income year for paragraph 189.233(1)(a) of Schedule 2 to the Migration Regulations 1994 (“the Regulations”)and the conditions in which an applicant will be exempted for subparagraph 189.233(1)(b)(i) of Schedule 2 to the Regulations. It specifies the minimum amount of taxable income for 2019-20 and 2020-21 year as AUD $53,900 to ensures that New Zealand citizen applicants who otherwise may have met but currently are unable to meet the income threshold requirements for the 2019-20 income year, as the economic consequences of COVID-19 pandemic, continue to maintain eligibility to apply for a Subclass 189 visa. The Instrument is registered on the Federal Register of Legislation on 19 May 2021 and commenced on 31 May 2021. It is currently in force and applies to visa applications made on or after 31 May 2021 and the applications made before 31 May 2021 but not finally decided. To access the Instrument, click here.
Invitation Round: 01 July 2021 457 visa / 482 visa holders: 06 invitations ACT 190 nomination: 6 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 106 invitations ACT 190 nomination: 42 invitations ACT 491 nomination: 64 invitations Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in July 2021. The next Canberra Matrix invitation round will be held on or before 14 July 2021.
The Department of Home Affairs has published the June 2021 edition of the Skilled Visa Newsletter on their website. After the April 2021 edition, this edition brings update on the following topics: Migration Program Skill stream 2021-22 Updates to the Priority Migration Skilled Occupation List (PMSOL) Business Innovation and Investment Program (BIIP) Business Innovation and Investment Program changes Documentation required for Business Innovation and Investment Program Global Talent (subclass 858) visa program Pathways in the Global Talent (subclass 858) visa program Global Talent pathway requirements Global Talent pathway invitation validity Nominator requirements Employer Sponsored Visa Program Jurisdictional Error claims Assistance with matters of interpretation of legislation or assessment of evidence Quality of Applications Annual Market Salary Rate (AMSR) Refund Refusals Sponsorship Applications Pending TSS visa applications for approved critical sector travel exemptions Babies born onshore Authorised Recipients following AAT remits Labour Agreements Important information on sponsorship obligations for Labour Agreement holders Requirements of a Labour Agreement Information to provide the Department regarding use of labour hire companies Change to ‘reliance on overseas workers’ assessment criterion Skilled Independent (New Zealand Stream) (subclass 189) visa COVID-19 Income Exemptions To access the full newsletter, click here.
The Department of Home Affairs vide their email dated 25 June 2021 with subject line “Upcoming changes to BVE lodgement processes (removal of BVE lodgement method by email)” has informed all registered migration agents that Bridging (Class WE) Visa E (BVE) applications submitted by email will no longer be accepted from 01 July 2021. The Department has notified that from 01 July 2021, eligible BVE applicants should submit their applications online through ImmiAccount. Any application received by the Department email on or after 01 July 2021 will be invalid.
Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 dated 22 June 2021 [“the Instrument”] specifies the approved form and place and manner of making bridging visa applications. The Instrument specifies the requirements for Bridging A, Bridging B, Bridging C, Bridging D, Bridging E and Bridging F visas. It also specifies additional place and manner for making Bridging E (Class WE) visa (BVE) application in paper form 1005 or 1008 for the purpose of paragraph 1305(3)(a) of Schedule 1 to the Migration Regulations 1994. As such, an application for Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax or email, and must be submitted online through ImmiAccount. However, an application using paper form 1005 or 1008 can be made by post to an office of immigration or in person. The Instrument is registered on the Federal Register of Legislation on 29 June 2021, commenced on 01 July 2021 and is currently in force. To access the full Instrument, click here.