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Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020

Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020 dated 12 August 2020 [“the Instrument”] provides authorised class of persons who may receive a Pledge of Commitment as a Citizen of the Commonwealth of Australia. The Instrument updates the classes of persons who are able to receive pledge of commitment and accordingly, repeals the Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Instrument 2019 dated 03 January 2019. Pledge of commitment is the Australian citizenship pledge that people make at a citizenship ceremony, to accept the responsibilities and privileges of Australian citizenship. 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. To access the full Instrument, click here.

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New priority skills list to fill critical skills needs during COVID-19

Australian Government has announced the Priority Migration Skilled Occupation List that gives priority to certain occupations for Employer Nomination Scheme (ENS) visa and other work visa applications, including Temporary Skill Shortage (TSS) visa, Skilled Employer Sponsored Regional (Provisional) visa and Regional Sponsored Migration Scheme (RSMS) visa. The List identifies 17 occupations required to fill critical skills needs aimed at supporting Australia’s economic recovery from the pandemic. The Department mentions that the list is temporary and priority occupations may change as based on support that Australian business need to fill critical skills. As such, temporary visa holders who were ineligible to travel to Australia amid Covid restrictions, are eligible to travel if the occupation is on the list. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “Our priority is getting Australians back into work but we also need key health workers to help fight the virus and skilled migrants who are going to be job multipliers, to help the economy recover.” He also said, “Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.” To see the list of the 17 priority occupations, click here. The temporary visa holders are required to obtain a travel exemption from the Australian Border Force (ABF) prior to travelling to Australia.

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Canberra Matrix open to Canberra residents

Canberra opens Matrix to Canberra residents only. Invitation Round: 20 August 2020 26 Invitations issued to 457 visa / 482 visa holders. 145 invitations issued to Matrix nominating critical occupations. The next invitation round will be held on or before 01 September 2020. List of occupations for the Invitation Round is as below: Advertising, Public Relations & Sales                Early Childhood (Pre-prim.) Teachers Finance Managers                                                   Occupational Therapists Construction Managers                                            G P and Resident Medical Officers ICT Managers                                                          Registered Nurses Other Hospitality, Retail and Service                        ICT Business & Syst. Analysts Managers                                                                Software and Applications Prog. Accountants Capped                                              Database and Systems Administrator Financial Investment Adv.                                       Computer Network Professionals Human Resource Prof.                                           ICT Support & Test Engineers Advertising & Marketing Prof.                                  Solicitors Public Relations Professionals                                Psychologists Architects & Landscape Arch.                        Social Professionals Graphic, Web Designers & Illustrators           Social Workers Civil Engineering Professionals                             Welfare, Recreation and Comm. Arts  

citizenship testing
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Government resumes Citizenship appointments

Federal Government resumes citizenship testing and interviews in Perth, Sydney, Brisbane and Adelaide which were earlier suspended due to restrictions imposed in response to COVID-19 pandemic. With COVID-19 restrictions easing throughout Australia, the Councils are given a go-ahead to resume conducing the citizenship ceremonies in-person in accordance the public gathering limits put in place by the individual States and Territories,in addition to being conducted online. Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “More migrants can now continue to progress towards becoming Australian citizens, joining the record number of people who pledged their allegiance to Australia last year… We acted quickly to ensure citizenship ceremonies continued online when COVID-19 hit and we restarted in-person ceremonies in June.” According to sources, more than 1150 people have attended a citizenship appointment since they resumed in Perth on 06 July 2020.The Government is also expecting to resume appointments in Canberra, Hobart and Darwin throughout August.

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International students returning to South Australia

As part of the national pilot program, the Government is testing the possibility of having International students return to Australia during the COVID-19 pandemic. The pilot aims to bring 300 students to a university in Adelaide in September to revive the higher education sector in Australia. The students are expected to fly from Singapore and will have to undergo a mandatory quarantine on arrival.Senator Birmingham said, “It's being done with the utmost safety requirements in place… We have successfully demonstrated, particularly states like South Australia, that they can return Australians from all corners of the world, safely quarantining them, and provide no exposure to the South Australian community in that process,so the same cautious and careful approach is being brought to bear when it comes to international students.” Previously, Australian Capital Territory (ACT) postponed the initiation of its pilot program to offer International students a safe passage into the country ‘until there is a clearer picture around the COVID-19 trajectory’ in light of the outbreak in Victoria.

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Need for mobile phone seizure powers in immigration detention facility

The recent actions of a detainee in immigration detention, who was caught viewing and distributing images of child exploitation material on his mobile phone, has re-emphasised the need for granting mobile phone seizure powers to the authorised officers in immigration detention facility. Earlier, on 14 May 2020, the Government had introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth). The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture with the aim to regulate the possession of certain items to ensure that an immigration detention facility is a safe and secure environment for staff, detainees and visitors. The Bill also proposes to define prohibited things to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices for this purpose. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The case highlights why stronger laws are needed to allow Australian Border Force to search for and seize mobile phones from immigration detainees…Yet under current laws, officers are not legally able to search for or seize mobile phones, even if they know they are being misused. The current laws also prevent officers searching for and seizing items that are illegal, such as illicit drugs or extremist material.”

Understanding the Australian Values Statement for your visa
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Understanding the Australian Values Statement for your visa

When you apply for your visa, you will be required to confirm that you will respect Australian values and obey Australian laws by signing or accepting the Australian values statement. And, if you don’t sign the Australian values statement, your application might be delayed or we might refuse your visa. We can consider an exception only in compelling circumstances. Essentially, whenever you apply for a new visa, you will be required to sign or accept the Australian values statement. When you apply for a visa online, selecting the Australian values statement button will let the Department of Home Affairs know you and any dependants included in your application understand and agree with the Australian values statement. For paper applications, the Australian values statement forms part of the general declaration section of your application. When you sign the application you also agree with the Australian values statement. There are 2 versions of the Australian values statement. The version you must sign depends on what visa you apply for. These examples are highlighted below: When you apply for a temporary visa For most temporary visa applications, the Australian values statement is: I will respect Australian values as listed on this form, during my stay in Australia and will obey the laws of Australia. When you apply for a permanent or provisional visas For permanent or provisional visa applications, the Australian values statement is: I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values. I understand: Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background the English language, as the national language, is an important unifying element of Australian society. I undertake to respect these values of Australian society during my stay in Australia and to obey the laws of Australia. I understand that, if I should seek to become an Australian citizen: Australian citizenship is a shared identity, a common bond which unites all Australians while respecting their diversity Australian citizenship involves reciprocal rights and responsibilities. The responsibilities of Australian Citizenship include obeying Australian laws, including those relating to voting at elections and serving on a jury. If I meet the legal qualifications for becoming an Australian citizen and my application is approved I understand that I would have to pledge my loyalty to Australia and its people. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of applying for a visa and you wish to learn more about your obligations when you arrive in Australia, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.

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South Australia issues advice for interim visa nomination applications process

On 20 August 2020, South Australia announced that the State will publish state nomination requirements for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) on 27 August 2020, and accordingly will start reviewing ‘Expression of Interests’ (EOIs) from 31 August 2020 and sending invitations to submit an online application. Prospective applicants for General Skilled Migration will be able to lodge an Expression of Interest (EOI) through the Department of Home Affairs SkillSelect system, to support and prioritise State’s economic recovery. Similarly, the State will publish state nomination requirements for business migration, Subclass 188 and Subclass 132 visa nominations on 27 August 2020, and accordingly will start reviewing ‘Intention to Apply’ submissions from 07 September 2020 and sending invitations to submit an online application. On 11 August 2020, the State has received update regarding interim allocation places for General Skilled Migration and Business Migration program for the financial year 2020-2021 and will provide limited number of visa nominations until the delivery of the Federal Budget on 6 October 2020.

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Nomination for migration advice industry advisory group

The Ministry of Customs, Community Safety and Multicultural Affairs has decided to establish an advisory group for a Migration Advice Industry, to provide expert advice to the Commonwealth Government on matters relating to migration, including potential reforms to the legislative framework which govern the migration industry. As part of providing expert advice to the Australian Government, the group may be required to: support the review of various Instruments related to Migration Agents undertaken by the Department of Home Affairs, including the Migration Act 1958, the Migration Agents Regulations 1998 (the Regulations) and related instruments provide expert advice to develop a world class migration advice industry in Australia including suggesting improvements to the current qualification standards, professional standards and addressing misconduct and unlawful activity assist in defining the strategy for engagement with the industry provide fair and frank advice on matters related to the efficient functioning and growth of the migration industry The group is to comprise 18 formal members from varied backgrounds including include migration agents (legal and non-legal), academics, community and the government sectors. The Government is seeking nominations for membership from experts with demonstrated practical experience in the migration advice industry. If you are interested in sending your nomination, submit the Nomination form here. The deadline to file the nominations is 5pm Friday, 4 September 2020. To read the full announcement, click here.

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Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020

Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies work and areas for Subclass 462 (Work and Holiday) visa. The Instrument specifies and outlines the kind of work in fishing and pearling work and tree farming and felling work; tourism and hospitality work; plant and animal cultivation work and construction work; bushfire recovery work; critical COVID-19 work in the healthcare and medical sectors for the purpose of Regulation 1.15FA of the Migration Regulations 1994. Schedule 4 of the Instrument also specifies different areas of Australia for the purpose of various specified works. Bushfire recovery work as specified by the Instrument includes construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.