In addition to drafting plans to offer safe haven visas to Hong Kong residents living in Australia amidst China’s decision to go ahead with the controversial security law in Hong Kong, the Australian government is offering new and extended visa options to students and skilled workers from Hong Kong, including pathways to permanent residency. The special visa arrangements, aimed at attracting talent to Australia and creating more job opportunities, include: Additional five years of work rights to temporary graduate and skilled workers, with a pathway to permanent residency, Five year graduate visa to students, with a pathway to permanent residency, and Five year visa for temporary skilled visas applicants if they meet the updated skills lists and Labour Market Testing requirements. For applicants who study and work in regional areas, the existing arrangement continues which includes pathway to permanent residency after 3 years. Further, there will be enhanced efforts to attract export-oriented businesses from Hong Kong to relocate to Australia. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Joint statement with the Hon Scott Morrison MP, Prime Minister said that the special arrangement will benefit 10,000 existing temporary skilled, temporary graduate and student visa holders in Australia, with a further 2,500 outside Australia and 1,250 current applicants.
With a commitment of making the Australian migration advice industry world class, the Government has implemented various initiatives towards achieving this vision.Recently, the Department of Home Affairs has initiated a review of the legislative framework to examine how they can support ‘a highly qualified and professional industry’ and ensure combating misconduct and unlawful operators effectively. The Department has released a Discussion Paper which highlights key considerations for review of legislative framework, including qualification standards to practice as a Registered Migration Agent, disciplinary actions and penalties for unlawful migration assistance, registration of Migration Agents, and the functions of the OMARA, and measures to strengthen consumer protection. Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs said, “I intend to work with agents to build the industry's reputation and ensure a robust regulatory migration advice framework that prevents misconduct and unlawful advice…This review will support the development of initiatives to combat serious misconduct by registered agents and unlawful providers, and thereby protect consumers and build confidence in the industry”. The Department is seeking industry feedback and is accepting submissions online until 2pm AEST, 27 July 2020. To see the Discussion Paper, click here.
It is after a long struggle in the migration industry that an amendment to remove Australian legal practitioners from the regulatory system of the Office of the Migration Agents Registration Authority (OMARA) has been made. The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Bill”] proposed to amend the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs Registered Migration Agents. The Bill was first introduced in the House of Representatives on 27 Nov 2019 and subsequently, in the Senate on 13 Feb 2020. After the third reading in the Senate on 15 June 2020, the Bill was passed by both the houses of the Parliament. On 22 June 2020, the Bill received the Royal Assent as per Section 58 of the Commonwealth of Australia Constitution Act 1900 (Imp) and is now the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) [“the Act”]. The Act amends the Migration Act 1958 (Cth) and contains various provisions including: Schedule 1 – Legal practitioners providing immigration assistance, including transitional arrangements Schedule 2 – Registration periods Schedule 3 – Redundant provisions Schedule 4 – Requirement for applicants to provide further information Schedule 5 – Fees and charges Schedule 6 – Other amendments As per the Act, various Schedules are set to commence at different times, mostly within the next 6 to 9 months. The Act makes it unlawful for the Australian legal practitioners with Unrestricted Practicing Certificates to be registered as Registered Migration Agents with the OMARA after the commencement of this provision which is commencing at the end of 9 months from the day of receiving the Royal Assent i.e., 22 June 2020, or earlier if a date is fixed by a Proclamation. The Act defines restricted as: “a practising certificate held by an Australian legal practitioner is restricted if: (a) It is subject to a condition requiring the practitioner to undertake supervised legal practice for a specified period; and (b) such a condition was not imposed as a disciplinary measure by an authority responsible for disciplining Australian legal practitioners in a State or Territory.” If you have any questions or need more information about these changes, Get in Touch with us or call us on (02) 4626 100 to speak to one of our friendly staff.
Visa cancellation provisions are contained in Subdivision C to Subdivision H of Part 2 of the Migration Act 1958 (Cth) [“the Act”]. Accordingly, the Department or the Minister or his delegate may cancel a visa which can be discretionary, mandatory, or by operation of law, depending on the situation. Under certain circumstances, it is possible for you to approach the Department to cancel your temporary visa having more than 6 months validly that include: Visitor Visa (subclass 600) E-Visitor Visa (subclass 651) Working Holiday Visa (subclass 417) Work and Holiday Visa (subclass 462) Electronic Travel Authority (subclass 601) Reasons for Visa Cancellation Visa cancellation may occur if you: Do not comply with your visa conditions Do not meet the character requirements Provide false information to the Department on your visa application Are a threat to the Australian community Grounds for Visa Cancellation Visa cancellation may occur on the following grounds: Not passing the character test Paying for visa sponsorship Ceasing enrollment in a registered course (for student visas) Not declaring certain food, plant material and animal items during immigration (for visitor visas) Importation of objectionable goods or prohibited items If your visa is cancelled while you are in Australia, you may also be barred from making further substantive visa applications for staying in Australia, usually known as the Section 48 bar. Section 48 of the Act imposes limitations if your substantive visa has been refused or cancelled while in Australia or you do not currently hold a substantive visa. The limited number of substantive visas that you may apply for in this situation include: Child Visas Partner Visas Protection, Territorial Asylum or Border Visas Medical Treatment Visas Bridging Visas If you visa is considered for cancellation while are in Australia, the Department will usually notify you of their intention to consider cancelling your visa. You will be given the opportunity to submit your reasons as to why your visa should not be cancelled. In case your visa has been cancelled by the Department (not the Minister) you may be able to appeal the decision of your visa cancellation to the Administrative Appeals Tribunal (AAT) for a review within the specified time period. While you wait for outcome of application, you may apply for a Bridging Visa E (BVE) to keep your status lawful in Australia. Migration Centre of Australia has a team of migration specialists who are experienced in handling visa cancellation cases, including complex matters before the Department and the AAT. Call us on +61 2 46261002 or Contact Us to speak to one of our Registered Migration Agents.
Australia is drafting plans to offer safe haven visas to Hong Kong residents living in Australia amidst China’s decision to go ahead with the controversial security law in Hong Kong. Currently, there are about 20,000 Hong Kong residents living in Australia who do not want to return home. Prime Minster, Scott Morrison said that Australia is ‘prepared to step up and provide support’. He also said, “When we have made a final decision on those arrangements, then I’ll make the announcements, but are you asking are we prepared to step up and provide support? The answer is yes.” The Safe Haven Enterprise Visa (Class XE) (Subclass 790) is a protection visa for refugees which requires you to be in Australia; be a refugee or engage in Australia’s protection obligations; and meet all other requirements for the visa.
Tasmania is currently not issuing any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge new applications for State nomination and the State will continue to assess these applications. However, nominations will be issued only after the Australian Government allocates quota to the State.
Queensland is currently closed for accepting any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration Program as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. Accordingly, Business and Skilled Migration Queensland (BSMQ) will not accept any Expressions of Interests (EOIs) submitted on SkillSelect from 01 July 2020 onwards.
NSW is currently closed for accepting any nominations under the General Skilled Migration (GSM) program for the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Investment and Innovation Program (BIIP) as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge new applications for State nomination for the Skilled Nominated (Permanent) Visa (Subclass 190). However, NSW will commence State invitation rounds for nomination after the nomination quotas are allocated by the Commonwealth Government.
Victoria is currently closed for accepting any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration Program as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge Expression of Interest (EOI) for State nomination under the Skilled Migration program and the State will continue to assess these applications. However, nominations will be issued only after the Australian Government allocates quota to the State. An EOI is required before the applicant applies for a visa nomination in Victoria. Under Business Migration programs, the State Department will not accept nominations for Business Innovation – Extension (Subclass 188A), Investor – Extension (Subclass 188B), Significant Investor – Extension (Subclass 188C), Entrepreneur –Extension (Subclass 188E), Significant Business History (Subclass 132A), and Venture Capital Entrepreneur (Subclass 132B).
South Australia is currently closed for accepting any nomination applications for the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration programs as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. Under Business Migration programs, the State Department will not accept nominations for Business Innovation – Extension (Subclass 188A), Investor – Extension (Subclass 188B), Significant Investor – Extension (Subclass 188C), Entrepreneur –Extension (Subclass 188E), Significant Business History (Subclass 132A), and Venture Capital Entrepreneur (Subclass 132B). As of now, the Skilled and Business Migration programs will remain closed until August 2020 in South Australia.