Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies kinds of work and places for the Working Holiday (Temporary) (Class TZ) (Subclass 417) visa. The Instrument specifies fishing and pearling work, tree farming and felling work, plant and animal cultivation work, construction work and mining work as specified work for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. The Instrument also specifies bushfire recovery work, including 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, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. Further, in light of the ongoing COVID-19 pandemic, the Instrument also specifies critical COVID-19 work in the healthcare and medical sectors, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. This includes work related to medical treatment, nursing, contact tracing, testing and research; and support services such as cleaning of medical and health care facilities and equipment. 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.
In ordinary circumstances, the description of ‘Member of the family unit’ provided under Regulation 1.12(2) of the Migration Regulations 1994 is applicable as a general rule for migration purposes. Regulation 1.12(2) states: “A person is a member of the family unit of another person (the family head) if the person: (a) is a spouse or de facto partner of the family head; or (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: i. has not turned 18; or ii. has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or iii. has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or (c) is a dependent child of a person who meets the conditions in paragraph (b).” Accordingly, in order to be considered as a member of a family unit in general visa situations, other than protection, refugee and humanitarian visas, you will have to be a direct family member of the applicant. This includes a spouse or child under the age of 18 of the main applicant, or a dependent child until the age of 23 years where you are a financially dependent on your family for support. Further, in certain situations where the child is over the age of 23 years but is physically or mentally disabled and is reliant on parents for their support, may be considered as a dependent. For the purpose of protection visas, refugee visas and humanitarian visas, namely Protection (Class XA) visa, Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa, Safe Haven Enterprise (Class XE) visa, Resolution of Status (Class CD) visa, Temporary Safe Haven (Class UJ) visa, Temporary (Humanitarian Concern) (Class UO) visa, Territorial Asylum (Residence) (Class BE) visa, Regulation 1.12(4) provides: “A person is a member of the family unit of another person (the family head) if the person is: (a) a spouse or de facto partner of the family head; or (b) a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (c) a dependent child of a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (d) a relative, of the family head or of a spouse or de facto partner of the family head, who: i. does not have a spouse or de facto partner; and ii. is usually resident in the family head’s household; and iii. is dependent on the family head.” It is pertinent to note that wording of Regulation 1.12(4) differs from Regulation 1.12(2) in the sense that Regulation 1.12(4) provides a broader definition of member of the family unit protection, refugee and humanitarian visas, including children over the age of 18 and relatives who may be residing with the family head. Further, it is also important to know that the language used in the Regulations is gender neutral which may extend to include same sex relationships and other types of non-confirming relationships. If you have any questions or are seeking migration advice to bring your dependents to Australia, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
On 11 August 2020, announced that the State has received update regarding interim allocation places for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and Business Migration program for the financial year 2020-2021. The allocation is expected to be limited with priority being given to support State’s economic and public health recovery. With this background, the State is finalising the program requirements and application processes and expecting to open applications in late August 2020. The applications will be prioritised according to: Business Innovation and Investment Program applicants who have already lodged an ‘Intention to Apply’ Applicants employed in critical sectors to support South Australia’s response to the COVID-19 pandemic Consideration to onshore applicants who satisfy these criteria The State has also reaffirmed that the full nomination allocations will be determined during 2020-2021 Budget process, later in the year.
Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 15 October 2020 as the day on which Schedule 1 to the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 commences. Charge) Act 2020 requires a Registered Migration Agent who has paid the non-commercial registration fee to pay commercial registration fee from the time they provide commercial immigration advice. Accordingly, these provisions will be in effect from 15 October 2020. Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 also amends provisions regarding for payment of adjusted charge for providing non-commercial immigration assistance. To access the full Instrument, click here.
Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Registration Application Charge Regulations 1998 to reflect the changes made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth). Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth) amends the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Accordingly, the Instrument amends provisions relating to general charge and non‑commercial application charge, and charge on basis of status of migration agent including working out amount of charge. The Instruments also inserts new provisions incorporating amendments made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020. To access the full Instrument, click here.
Migration Agents Amendment (Regulation of Migration Agents) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Regulations 1998 to reflect the changes made by the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth). Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) amends the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, redundant provisions in Schedule 3, requirement for applicants to provide further information in Schedule 4, fees and charges in Schedule 5, and other amendment in Schedule 6. Accordingly, the Instrument amends provisions relating to Australian legal practitioners providing immigration assistance and registration requirements, outlines the redundant provisions, and provides transitional provisions regarding operation of amendments relating to registration of migration agents. The Instrument is registered on the Federal Register of Legislation on 07 Aug 2020 and as per Section 2, various provisions are in effect from 8 August 2020 and 11 August 2020, accordingly. To access the full Instrument, click here.
Migration Amendment (Regulation of Migration Agents) (Schedules 3, 4 and 6) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 11 August 2020 as the day on which Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 commences. Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 outline redundant provisions, requirements for applicants to provide further information, and other amendments to the Migration Act 1958 (Cth) regarding immigration assistance. Accordingly, these provisions are in effect now. Migration Amendment (Regulation of Migration Agents) Act 2020 also amends provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, and fees and charges in Schedule 5. To access the full Instrument, click here.
For some visa types, you must show us you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour market testing (LMT) generally involves advertising the position in Australia. How and when you test the market, and what proof we require, will depend on which stream you are nominating under. And in some cases, you may have to check first to see if you are exempt or if there are alternative arrangements that can apply to you. Today we will go over these exemptions and alternatives: Labour Market Testing Exemptions Occupation-based exemptions Occupation-based exemptions for LMT which were previously available under the Temporary Work (Skilled) visa (subclass 457), are not available under the TSS visa (subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) programs. There are currently no instruments in place which provide any other exemptions. International trade obligations (ITOs) LMT is not required where it would conflict with Australia’s ITOs, in any of the following circumstances: the worker you nominate is a citizen/national of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore the worker you nominate is a current employee of a business that is an associated entity of your business and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea or New Zealand the worker you nominate is a current employee of an associated entity of your business and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia your business currently operates in a WTO member country or territory and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs the worker you nominate is a citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years. Labour Market Testing Alternative requirements In some cases, alternative submission requirements will also apply. For example, lets look at some possible cases scenarios and their requisite requirements. Case: Where the occupant has to have an internationally recognised record of exceptional and outstanding achievement in a profession or in the field of sport, academia and research, or a top-talent chef. Your submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position. Case: Where there is a new nomination for an existing TSS, subclass 494 or subclass 457 visa holder solely because the annual earnings that will apply to the nominee have changed; or a change in business structure has resulted in the visa holder being no longer employed by the standard business sponsor even though they haven’t changed position. Your submission should explain that the position is already filled by an existing TSS, subclass 494 or subclass 457 visa holder, but give reasons why a new nomination is required (for example, due to a business restructure). Case: Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company operating overseas to an associated entity of that company operating in Australia. Your submission should explain the need for an ICT transfer and documentation outlining the transfer arrangement. Case: Where the annual earnings will be equal to or greater than AUD250,000. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process, which included inviting applicants from Australia. Case: Where the nominees are within the ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999) or the ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via a regular bulk recruitment exercise, which included inviting applicants from Australia. 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 employing an overseas worker, or if you want to know more about Labour Market Testing, how it works and how we can help you, 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.
Electronic Travel Authority (Subclass 601) is a temporary visa that allows you to visit Australia for a holiday or a cruise, to visit family or friends, or to undertake certain business visitor activities, if you have a passport from an eligible country. Eligibility for Electronic Travel Authority (ETA) You must: Have passport from an eligible country Have a genuine intention to stay in Australia temporarily Meet the health and character requirements Not have debts to the Australian Government You must be outside Australia or in immigration clearance when you apply for this visa. Once granted, this visa is usually valid for a 12-month period. There is no Visa Application Charge (VAC) for ETA, however, you have to pay an online application service cost of AUD $20. You cannot add dependant family members in your visa application. You must file a separate application for each applicant. It is also important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. Advantages of Electronic Travel Authority Multiple entries to Australia Stay for up to 3 months at a time List of Eligible Countries Andorra Austria Belgium Brunei Canada Denmark Finland France Germany Greece Hong Kong (SAR of China) Iceland Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Norway Portugal Republic of San Marino Singapore South Korea Spain Sweden Switzerland Taiwan (excluding official or diplomatic passports) The Netherlands United Kingdom—British Citizen United Kingdom—British National (Overseas) United States of America Vatican City If you do not hold a passport from the above-listed countries or want to know about other Visitor Visa options, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your options to visit Australia.
In response to the changes to Victoria’s restriction levels to control the spread of COVID-19, as announced by the State Premier on 02 August 2020, from 11:59pm on Wednesday 05 August employers requiring their staff to attend a work site in Melbourne have to issue a worker permit to their employees under the ‘Permitted Worker Scheme’. Further, a dedicated ‘Industry Coordination Centre’ has been set up within the Department of Jobs, Precincts and Regions to support businesses and determine if businesses can safely operate under the Stage 4 restrictions. To know more about the ‘Permitted Worker Scheme’ and eligibility, click here. To discuss if your business is COVID-SAFE for operation, call Business Victoria on 13 22 15.