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Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020 dated 21 October 2020 [“the Instrument”] determines the daily amount for the keeping and maintaining of a person in immigration detention at specified places for the specified period, in accordance with sub-section 262(2) of the Migration Act 1958 (Cth). The Instrument is registered on the Federal Register of Legislation on 26 Oct 2020 and has commenced on the day after registration, i.e. 27 October 2020. Accordingly, the daily maintenance amount of AUD $456.23, which has been brought down from previous amount of AUD $489.11, is specified for the period from the commencement date of the instrument until 30 June 2022. The places specified in the Instrument include the following detention centres and all other places as approved by the Minister in writing: North West Point Immigration Detention Centre (Christmas Island, WA) Perth Immigration Detention Centre (Redcliffe, WA) Villawood Immigration Detention Centre (Villawood, NSW) Yongah Hill Immigration Detention Centre (Northam, WA) Adelaide Immigration Transit Accommodation (Kilburn, S; Brisbane Immigration Transit Accommodation (Pinkenba, QLD) Melbourne Immigration Transit Accommodation (Broadmeadows, VIC) To access the full Instrument, click here.

All you need to know about Temporary Graduate Visa during COVID-19
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All you need to know about Temporary Graduate Visa during COVID-19

Temporary Graduate (Subclass 485) visa is for international students who have recently finished their studies. The is a temporary visa that allows eligible students to live, study and work in Australia after completion of studies for up to 4 years. Students are eligible to apply for Subclass 485 visa once as a primary applicant. Further, this visa does not require any sponsorship from an Australian employer or an Australian relative or a nominating State or Territory. COVID-19 Concessions To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the provisions related to Subclass 485 visa. The following changes are brought by the Instrument, effective from 19 September 2020: Subclass 485 visa applicants may apply while within or outside Australia Concession for visa applicants from holding student visa within the six month period Study requirements extended from 6 months to 12 months for visa applicants Grant of Subclass 485 visa to applicants outside Australia This visa has 2 streams: Graduate Work stream and Post-study Work stream, for qualifications completed outside or within Australia, respectively. Both streams have slightly different eligibility requirements. Eligibility for Graduate Work stream You must: Be under 50 years of age Meet Australian study requirements Meet English Requirements Nominate one occupation on the Medium and Long-term Occupation list that is closely related to that occupation Have positive skills assessment Meet health and character requirement Not have had a visa cancelled or a previous application refused Visas granted under this stream, allow the applicants to stay in Australia for up to 18 months. Eligibility for Post-Study Work stream You must: Meet Australian study requirement Hold an eligible qualification at a degree-level or above Have studied with an Australian education provider Meet health and character requirement Meet English Requirements Not have had a visa cancelled or a previous application refused Unlike applicants in the Graduate Work stream, applicants in the Post-Study Work stream are not required to nominate an occupation Visas granted under this stream, allow the applicants to stay in Australia for up to 4 years. Under special arrangement for Hong Kong passport holders, they may be eligible to stay for 5 years under both visa streams. Advantages of Subclass 485 visa Study and work in Australia Live in Australia Travel to and from Australia Bring eligible dependents to Australia If you facing any migration issues or want to know more this visa, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney who can help you.

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ACT Invitation Round 16 October 2020

Canberra Matrix open to Canberra residents only. 457 visa / 482 visa holders: 7 invitations ACT 190 nomination: 6 invitations ACT 491 nomination: 1 invitations Matrix nominating Critical Skill occupations: 72 invitations ACT 190 nomination: 72 invitations ACT 491 nomination: Nil invitations as interim allocation is met Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in November. The next Canberra Matrix invitation round will be held on or before 30 October 2020.

Legal
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OMARA sends update email to all Registered Migration Agents

On 20 October 2020, all Registered Migration Agents (RMAs) have received an email from Office of the Migration Agents Registration Authority (OMARA) with subject ‘OMARA update: Fact sheet – Removal of unrestricted lawyers from the OMARA regulatory scheme CRM:0033490’. The email circulates a factsheet to address the changes brought by Migration Amendment (Regulation of Migration Agents) Act 2020 [“the Act”]and the misinformation that has been circulating in the industry regarding removal of unrestricted legal practitioners who will be removed from the regulatory regime governing RMAs effective 22 March 2021. The Act makes it unlawful for the Australian legal practitioners with Unrestricted Practicing Certificates to be registered as RMAs with the OMARA after its commencement. For more information, visit OMARA website: www.mara.gov.au.

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Information on Subclass 186 Visa applications granted

The Department of Home Affairs have released information on 15 October 2020 under Freedom of Information request (FOI) providing information on Subclass 186 Employer Sponsored Scheme (ENS) Visa applications by occupation for the period between 01 August 2020 and 30 September 2020. According to the information, the following number of 186 visa applications were granted during the above period: Status August 2020 September 2020 Total Visa Applications (Client Within Australia) 608 441 1049 Visa Applications (Client Outside Australia) 18 24 42   Some of the occupations for which the visa was granted to applicants outside Australia include: Engineering Manager, Mechanical Engineer, University Lecturer, Registered Nurse, Software Engineer, and Metal Fabricator. For more information on the occupations, click here.

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Information on Subclass 189 Visa applications

The Department of Home Affairs have released information on 16 October 2020 under Freedom of Information request (FOI) providing information on Subclass 189 Skilled Independent Visa applications by occupation on hand as at 30 September 2020 and the number of visas granted for the period from 01 September 2020 to 30 September 2020. According to the information, the following number of 189 visa applications on hand where client location is inside and outside of Australia, and visa granted during the above period: Status Total Visas Visa Applications (Client Within Australia) 2,201 Visa Applications (Client Outside Australia) 1,066 Visa Applications Granted 92   Some of the occupations for which the visa was granted include: Accountant, Civil Engineer, Food technologist, Physiotherapist, Midwife, Registered Nurse, Software Engineer, and Social Worker. For more information on the occupations, click here.

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Permissions Capability to help Australia reopen to the world

On 17 October 2020, the Government announced its plans to prepare Australia for safe reopening of global travel to the world by introducing a digital system to replace the Incoming Passenger Card and support quick and secure collection of incoming passenger information. As per the announcement, Australia-bound travellers will be required to new Digital Passenger Declaration on their electronic devices to enable faster contact tracing as part of efforts to control the spread of COVID-19. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “Today’s announcement is a major step forward in delivering that vision, whilst having the benefit of building a strategic, foundational platform for our whole of government ICT architecture…Our goal is for people and businesses to access government services as easily as they can and with as little intervention as possible, just like when you do online shopping or banking. The new Digital Passenger Declaration will do just that and help us re-open borders in a safe and responsible way.” To know more about the Permissions Capability, visit the Department’s website here.

All you need to know about Skilled Regional Visa during COVID-19
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All you need to know about Skilled Regional Visa during COVID-19

Skilled Regional visa (Subclass 887) allows people who have lived and worked in specified areas of regional Australia to live anywhere in Australia permanently. To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the Migration Regulations 1994 and accordingly, Part 2 of the Instrument amended provisions regarding Subclass 887 visa. COVID-19 concessions From 19 September 2020, COVID-19 concessions apply to lodgement and eligibility requirements for eligible prospective applicants for Subclass 887 visa. The following changes are applicable: Visa holders and former visa holders (Subclass 489, Subclass 475, Subclass 487, Subclass 495 or Subclass 496), whose visas expired during the Concession Period, may apply for Subclass 887 visa while outside Australia Grant of Subclass 887 visa to applicants outside Australia Concession for visa holders and former visa holders, whose visas expired during the Concession Period, from the requirement to live in a specified regional area for two years Full-time work requirement in a specified regional area reduced from 12 months to 9 months For this purpose, the Instrument defines Concession Period as ‘the initial concession period’ commencing from 01 February 2020, being the date when first travel restriction was announced in response to COVID-19 by the Australian Government. Eligibility for Subclass 887 Visa You must: Have a previous eligible visa Have complied with conditions of your eligible visa Meet residence requirement Meet work requirement Meet health and character requirements Meet English Language requirements Not have had visa cancellation or a previous visa application refusal Currently, the Department is assessing applications submitted before 19 September 2020. If you lodged your visa application before 19 September 2020, you must be in Australia when the visa is granted. However, if your application was lodged on or after 19 September 2020, you can be in or outside Australia when the Department makes a decision on your application. Advantages of Subclass 887 Visa Live, work and study in Australia Apply for Australian citizenship, if eligible Enrol in Medicare Bring eligible relatives to Australia permanently If you want to know more about this visa or are seeking assistance for migrating to Australia, Contact Us or call us on (+61) (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your options.

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Department publishes Annual Report 2019–2020

Department of Home Affairs (DoHA) has prepared its Annual Report for the financial year ending 30 June 2020, in accordance with the Department of Finance’s Resource Management Guide No. 135 —Annual report for non-corporate Commonwealth entities, and published it on its website. Under Section 46(1) of the Public Governance, Performance and Accountability Act 2013, the Department is required to prepare an annual report. The Report consists of 7 Parts including an overview, annual performance statements, report on financial performance, financial statements, management and accountability, appendices and reference material. To access the full Report, click here.

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Changes to strengthen Partner visa program

In addition to indicating introduction of new requirement to learn English language for partner visa applicants and their sponsors from late 2021, the Government has also indicated some changes to the Partner visa framework to protect the visa applicants against family violence. These changes are aimed at countering family violence by assessing Partner visa sponsor against character and sponsorship obligations, which would need to have been approved before a Partner visa application can be made. In addition, the sponsors will be required to agree to their character checks, including information on charges and convictions of a violent nature, being shared with their partner before the visa application can be lodged. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “The changes build on existing provisions in Australia’s migration laws to allow provisional Partner visa or Prospective Marriage visa holders who experience family violence to continue with their permanent visa application even if their relationship breaks down.” The new English language requirements, where partner visa applicants and their sponsors will be required to meet functional English requirements or demonstrate that they have made reasonable efforts to learn English, also aim to support women and migrant families in Australia.