On 09 September 2020, the Department of Home Affairs has updated the travel exemption categories and holders of a Business Innovation and Investment (Subclass 188) visa are now exempt from the travel restrictions to enter Australia during Covid-19 pandemic. Subclass 188 visa holders do not need to obtain an individual exemption from the Australia Border Force (ABF) to enter Australia. Other exempt categories include: Australian citizens Permanent residents of Australia Immediate family member of an Australian citizen or permanent resident, upon advise from the Department New Zealand citizens usually resident in Australia and their immediate family members Diplomats accredited to Australia (Subclass 995 visa holders) Travellers transiting Australia for 72 hours or less Airline crew members Maritime crew members including marine pilots Persons recruited under the Seasonal Worker Program or Pacific Labour Scheme
The Department of Home Affairs runs invitation rounds every month for Skilled Independent Visa (Subclass 189) and Skilled Work Regional (Provisional) Visa (subclass 491) – Family Sponsored Stream. The number of invitation issued in each round may vary depending on the number of applications that are being processed by the Department. It is important to know that the Departmental invitation rounds do not impact the State or Territory Government nominations for Skilled Work Regional (Provisional) Visa (Subclass 491). The dates for the invitation rounds are subject to change and as such, are not fixed monthly. During the Covid-19 pandemic, like everything else, the Department invitation rounds are also running, rather, unusually. The Department has adopted the approach of conducting targeted invitation rounds as have occurred since May 2020 until August 2020, with a view to monitoring migration and visa pathways closely and ensuring that the approach is consistent with public health measures adopted in Australia. The focus is to ensure that migration is undertaken to respond to the immediate and subsequent impacts of pandemic effectively, but not at the cost of job opportunities for Australians. In this financial year’s program, the Department has issued the following number of invitations so far: Month Skilled Independent Visa (Subclass 189) Skilled Work Regional (Provisional) visa (subclass 491) – Family Sponsored Stream July 2020 500 100 August 2020 110 90 Total 610 190 Due to high levels of demand, certain occupation groups are subject to pro rata arrangements to maintain availability of invitations across those occupations the program year. Some of these occupations are Accountants, Auditors, Company Secretaries and Corporate Treasurers, Electronics Engineer, Industrial, Mechanical and Production Engineers, and Engineering Professionals. In terms of process, the places are first allocated to Subclass 189 visa and the remaining places to Subclass 491. This means that if all places are allocated under Subclass 189 visas, no invitations are issued for Subclass 491 visas in the particular occupations. If you have any questions or need more information on Invitation Rounds/SkillSelect, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your visa pathway.
Migration Agents Regulations 1998 have been compiled to incorporate the text of the law as amended and in force on 11 August 2020, taking into account amendments up to Migration Amendment (Regulation of Migration Agents) Regulations 2020. Migration Amendment (Regulation of Migration Agents) Regulations 2020 amended the Migration Agents Regulations 1998 to amend provisions relating to Australian legal practitioners providing immigration assistance and registration requirements, the redundant provisions, and other transitional provisions regarding operation of amendments relating to registration of migration agents. To access the amended and complied Regulations, click here.
In response to various enquiries regarding ‘the first date of entry’ for state nominated visas granted offshore, the Business and Skilled Migration Queensland (BMSQ) has clarified that the Department of Home Affairs, generally, will not seek to cancel a state nominated visa where the only reason for doing so would be breach of Condition 8504, which requires the visa holder to enter Australia applies before a date specified, due to travel restrictions imposed in response to Covid-19 Pandemic. The State has advised that if the ‘first date of entry’ has passed, the visa holder must continue to hold a valid visa to travel to Australia, along with the relevant notice of the Department applicable to your situation, and individual exemption to travel from the Australian Border Force (ABF) if granted a provisional visa. Read more about notice regarding Business Innovation and Investment Program here. Read more about notice regarding Skilled Program here
Victoria has announced opening of Victorian skilled visa nomination program (Subclass 190 and Subclass 491) and business and investor visa nomination program (subclass 188 and 132) for 2020-21 program year from 08 September, 2020. However, the interim skilled nomination program is only open up to 05 October 2020 for Victorian residents, until the Federal Budget is delivered on 06 October 2020. The State has also announced the change in way of selecting applicants for the skilled visa nomination and accordingly, the new process will focus on talent and contribution to Victoria’s economic recovery from impact of Covid-19, along with information in Expression of Interests (EOIs). During this period, the State is aiming to select applicants to apply for visa nomination only if their Registration of Interest demonstrates they are working in health or medical research and contributing to Victoria’s economic recovery or health response. However, no substantial changes have been made to the existing nomination criteria for business program, except for one additional requirement that all business and investment activity must contribute to Victoria’s economic recovery or health response. Interested and eligible candidates must submit Registration of Interest or application by 5pm AEST, 21 September 2020. More information on the State nomination program will be available after receiving advice from the Department of Home Affairs after 06 October 2020
The Department of Home Affairs updates occupation ceiling value for 2020-21 program year and the invitations issued up to 11 August 2020. An occupation ceiling is applied for occupation on the list of eligible skilled occupations by four-digit ANZSCO code unit group, for invitations issued under the independent, skilled regional (provisional) visas. An occupation ceiling limits the number of Expression of Interest (EOIs) that can be invited for skilled migration from a listed occupation group to ensure distribution of occupations across the skilled migration program. However, the occupation ceilings do not apply to State or Territory Nominated, Employer Sponsored or Business Innovation and Investment visa subclasses. Some of the occupations with least occupations ceiling are: Occupation ID Description Occupation Ceiling Value 2020-21 Invitations to 11 August 2020 1341 Child Care Centre Managers 1,000 0 2111 Actors, Dancers and Other Entertainers 1,000 0 2211 Accountants (subject to pro rata arrangements) 1,000 0 2321 Architects and Landscape Architects 1,452 0 2331 Chemical and Materials Engineers 1,000 0 2514 Optometrists and Orthoptists 1,000 0 2525 Physiotherapists 1,685
Migration Amendment (Hong Kong Passport Holders) Regulations 2020 dated 20 August 2020 [“the Regulations”] amends Migration Regulations 1994 to implement policy changes relating to visas for Hong Kong passport holders. The Regulations amend Reg 482.511 of the Migration Regulations and defines a temporary visa permitting the holder to travel to, and enter, Australia and to remain in Australia during the period that starts when the visa comes into effect and end of the visa period. The Regulations also outline provisions applicable to Subclass 457 visas, Subclass 482 visas granted before 9 July 2020, Subclass 482 visas granted on or after 9 July 2020, and Subclass 485 visas granted before 9 July 2020, for Hong Kong passport holders. The Regulations are registered on the Federal Register of Legislation on 21 August 2020 but as per Section 2 of the Regulations, they commence from 09 July 2020 and accordingly are in effect now. To access the full Regulations, click here.
Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 [“the Instrument”] proposed to amend Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas. According to the Instrument, the nominated positions for various eligible occupations must be advertised on the Jobactive website (http://www.jobactive.gov.au), which is a Government website. Other requirements for conducting labour market testing, including making at least 2 advertisements, made or authorised by the approved sponsor, remain the same. The Instrument also specifies that it applies to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument. It also specifies that any nomination made before this period will continue to be governed by the existing provisions, i.e., the requirement to advertise the position on the Jobactive website will not be applicable during this period. The Instrument is registered on the Federal Register of Legislation on 02 September 2020 and as per Section 2 of the Instrument, it came into effect from the day after it was registered, i.e. 03 September 2020. Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. Thus, the compilation of Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 dated 16 November 2019, which is currently in effect, has been amended by the Instrument. To access the full Instrument, click here. To access the latest version of relevant instrument in force, click here.
Migration Act 1958 (Cth) has been compiled to incorporate the text of the law as amended and in force on 11 August 2020, taking into account amendments up to Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth). Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) amended the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance, including transitional arrangements, registration periods, redundant provisions, requirement for applicants to provide further information, fees and charges in, and other amendments. To access the amended and complied Act, click here.
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 07 September 2020 [“the Instrument”] outlines event, classes of persons and Visa Application Charge (VAC) for COVID-19 Pandemic event visa. Covid-19 Pandemic Event visa was introduced vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020, to allow temporary visa holders to stay and maintain their lawful status in Australia when they are unable to leave Australia due to travel restrictions in place during Covid-19 pandemic and are ineligible to apply for any other visa. The Instrument is registered on the Federal Register of Legislation on 07 September 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 08 September 2020 and accordingly is in effect now. The Instrument applies to Subclass 408 visa application that is either made on or after commencement of this instrument or made but not finally determined before commencement of this Instrument. To access the full Instrument, click here.