Migration Amendment (Visa Application Charges) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend Schedule 1 of the Migration Regulations 1994 to prescribe new Visa Application Charge (VAC) for various visa classes. The amendments are made as a consequence of the 2017-18 Budget Measure Indexation of visa application charges and 2020-21 Budget Measure Migration Program. As such, the VAC for the following visas has been revised: Business Skills (Migrant) Class AD Child (Migrant) Class AH Child (Residence) Class BT Confirmatory (Residence) Class AK Distinguished Talent (Residence) Class BX Employer Nomination (Permanent) Class EN Regional Employer Nomination (Permanent) Class RN Special Eligibility Class CB Other Family (Migrant) Class BO Other Family (Residence) Class BU Parent (Migrant) Class AX Aged Parent (Residence) Class BP Partner (Residence) Class BS Return (Residence) Class BB Partner (Migrant) Class BC Contributory Parent (Migrant) Class DG Contributory Aged Parent (Residence) Class BE Skilled (Residence) Class VB Skilled – Independent (Permanent) Class SI Skilled – Nominated (Permanent) Class SN Business Skills (Provisional) Class EB Extended Eligibility (Temporary) Class TK Investor Retirement Class UY Medical Treatment (Visitor) Class UB New Zealand Citizen (Family Relationship) Class UP Prospective Marriage (Temporary) Class TO Resident Return (Temporary) Class TP Retirement (Temporary) Class TQ Contributory Parent (Temporary) Class UT Contributory Aged Parent (Temporary) Class UU Student (Temporary) Class TU Skilled (Provisional) Class VF Skilled (Provisional) Class VC Skilled – Regional Sponsored (Provisional) Class SP Temporary Work (Short Stay Specialist) Class GA Temporary Work (International Relations) Class GD Visitor Class FA Temporary Activity Class GG Training Class GF Sponsored Parent (Temporary) Class GH Temporary Skills Shortage (Class GK) visas Class GK Skilled Work Regional (Provisional) (Class PS) Class PS Skilled Employer Sponsored Regional (Provisional) Class PE Bridging B Class WB Refugee and Humanitarian Class XB The amendments of the Regulations apply in relation to visa applications made on or after 01 July 2021. The Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and are currently in force. To access the full amendment, click here.
Migration Amendment (Merits Review) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend the Migration Regulations 1994 to prescribe 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 4.13B, 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 Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 26 June 2021 and are currently in force. To access the full amendment, click here.
Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021 dated 22 June 2021 [“the Instrument”] amends criteria for Subclass 417 (Working Holiday) visa and Subclass 462 (Work and Holiday) visa applicants to specify the class of persons for whom Visa Application Charge (VAC) amount is nil. The Instrument amends subparagraph 1225(2)(a)(i) and subparagraph 1224A(2)(a)(i) of Schedule 1 to the Migration Regulations 1994 to specify nil VAC for applicants whose last held visa is a COVID-19 affected visa and the applicant has not made an application for another Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa, as the case may be, for which the VAC amount was nil, that is not finalised or has been refused. The meaning of COVID-19 affected visa is governed by Regulation 1.15P. The Instrument is registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and is currently in force. To access the full Instrument, click here.
Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend the Migration Regulations 1994 and the Australian Citizenship Regulation 2016 to make changes to the criteria and conditions of Business Innovation and Investment Program and working holiday maker visas. It also changes the citizenship fees for applications received by the Department on or after 01 July 2021. The Regulations comprise seven schedules, including amendments to Business Innovation and Investment Program, Working holiday maker visas, Bridging visa amendments, manner of reporting on arriving overseas passengers and crew members, changes to citizenship fees, payment of citizenship fees in foreign currencies, and relevant application, saving and transitional provisions. Regarding Business Innovation and Investment Program, it also includes revised conditions and number of points for Investor experience qualifications—Investor stream only, financial asset qualifications and business turnover qualifications. The Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and are currently in force. To access the full amendment, click here.
Invitation Round: 26 February 2021 457 visa / 482 visa holders: 16 invitations ACT 190 nomination: nil invitations ACT 491 nomination: nil invitations Matrix nominating Critical Skill occupations: 102 invitations ACT 190 nomination: 58 invitations ACT 491 nomination: 44 invitations Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in March 2021. The next Canberra Matrix invitation round will be held on or before 05 March 2021.
Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021 dated 24 February 2021[“the Instrument”] amends Schedule 1 criteria for Subclass 600 visitor visa applicants and specifies class of persons to whom nil Visa Application Charge (VAC) is applicable. The Instrument specifies the following conditions 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; and the application is made between 27 February 2021 and 31 December 2022; and the applicant was previously granted a Subclass 600 visa, while outside Australia before 21 March 2020 (except Frequent Traveller stream); and that visa expired, or is expiring between 20 March 2020 and 31 December 2021; and that visa was a multiple entry visa or a single entry visa not used to enter Australia; and if the applicant has made a previous application that is pending decision, after the commencement of this Instrument. The Instrument is registered on the Federal Register of Legislation on 25 February 2021, commenced on 27 February 2021 and is currently in force. To access the full Instrument, click here.
Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 dated 24 February 2021 [“the Instrument”] amends Schedule 1 and Schedule 2 criteria for Subclass 462 visa applicants. The Instrument provides for arrangements for Work and Holiday visas and revises the list of countries for the purpose of paragraph 1224A(3)(a) and subparagraph 1224A(3)(b)(iii) of Schedule 1 of the Migration Regulations 1994. It also amends the approved form, place and manner for making a valid visa application. It also specifies educational qualifications for applicants from various countries for the purpose of paragraph 462.221(c) of Schedule 2 of the Migration Regulations. The Instrument is registered on the Federal Register of Legislation on 25 February 2021, commenced on 1 March 2021 and is currently in force. To access the full Instrument, click here.
Migration Amendment (2021 Measures No. 1) Regulations 2021 dated 18 February 2021 [“the Regulation”] amends the Migration Regulations 1994 to provide assistance to applicants and holders of specified visa categories who have been adversely affected by the COVID-19 pandemic. The Regulation contains five Schedules, including facilitating onshore grants of certain offshore visa applications; Subclass 300 (Prospective Marriage) visas; Temporary Skill Shortage (Class GK) visas; Distinguished Talent (Class BX) visas; and application and transitional provisions. It also includes provisions for endorsement by the Prime Minister’s Special Envoy for global business and talent attraction to Australia. The Regulation is registered on the Federal Register of Legislation on 22 February 2021, commenced on 27 February 2021 and is currently in force. To access the full amendment, click here.
Invitation Round: 27 January 2021 457 visa / 482 visa holders: 16 invitations ACT 190 nomination: 7 invitations ACT 491 nomination: 9 invitations Matrix nominating Critical Skill occupations: 194 invitations. ACT 190 nomination: 83 invitations ACT 491 nomination: 111 invitations Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in February 2021. The next Canberra Matrix invitation round will be held on or before 9 February 2021.
The Department of Home Affairs have released information on 21 January 2021 under Freedom of Information request (FOI) providing information on Business Innovation and Investment (Provisional) – Significant Investor stream (Subclass 188) visa applications lodged, granted and refused for the period from July 2018 to November 2020. According to the information, the following number of Subclass 188 visa applications were lodged, granted and refused during the above period: Activity Month Lodged Granted Refused July 2018 34 40 5 August 2018 30 16 – September 2018 31 18 – October 2018 38 21 – November 2018 38 13