The Department of Employment, Skills, Small and Family Business is responsible for suggesting changes to the skilled migration occupation lists and accordingly, publishes a Traffic Light Bulletin outlining the proposed changes. The updates for March 2020 were announced by the Department on 13 December 2019, however, it has been delayed to COVID-19. According to the Bulletin, 11 occupations were flagged for removal from the Short Term Skilled Occupation List (STSOL), 17 occupations were flagged for movement between lists, 4 occupations were flagged for addition to the STSOL, and 6 occupations were recommended for a salary caveat. The Department says, “Due to the impacts of the COVID-19 pandemic, the announcement on updates to the skilled migration occupation lists has been delayed.” 11 occupations flagged for removal from the STSOL are Careers Counsellor, Vehicle Trimmer, Business Machine Mechanic, Animal Attendants and Trainers, Gardener, Hairdresser, Wood Machinist, Massage Therapist, Community Worker, Diving Instructor, and Gymnastics Coach or Instructor. For detailed Traffic Light Bulletin, click here.
The Australian Computer Society (ACS) has notified changes in skills and qualifications assessment for certain occupations to come into effect from 01 July 2020. The ACS will undertake skills assessment of 3 occupations, i.e., Database Administrator (ANZSCO 262111), ICT Security Specialist (ANZSCO 262112), and Systems Administrator (ANZSCO 262113) based on separate criteria for cyber security. Further, the ACS will not accept analogue and other non-ICT related electronics subjects for assessing qualifications for electronics subjects and accordingly, only digital electronics subjects will be considered for assessment. Furthermore, regarding recognising qualifications under the Seoul Accord for countries including South Korea, USA, UK, Canada, Hong Kong, Taiwan, and Japan, the burden of proof lies on the applicant to demonstrate the validity of the qualification. For skilled migration to Australia in ICT sector, the relevant skills assessment authority is the ACS. It ensures that you meet the relevant standards needed for employment in an eligible ICT skilled occupation by assessing your academic qualifications and work experience.
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. According to sources, the Department has conducted more than 25,000 online ceremonies over a secure video link for people whose application for Australian citizenship was approved already. The Hon Alan Tudge MP, current acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The government is also working to resume citizenship testing and interviews in the coming weeks so we can have people moving through all stages of becoming Australian citizens.”
The visa application for Sponsored Parent (Temporary) visa (Subclass 870) for parents can now be lodged onshore as per the provisions made in the online application form for this visa due to leniency shown by the Department during the COVID-19 pandemic. With this visa, a parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen can visit Australia for up to 3 or 5 years per visa. In order to be eligible to apply for the parent visa onshore, the visa holder must not have Conditions 8503 or 8543 for ‘No Further Stay’ attached to the current onshore visa. However, if the visa has an attached condition, you may request the Department for a waiver on account of major change in the situation caused by COVID-19 which is out of your control.
The Department of Home Affairs has specified arrangements for bridging visa applications vide the Migration (LIN 20/068: Arrangements for Bridging Visa Applications) Instrument 2020 [“the Instrument”] dated 21 May 2020. The Instrument re-approves Form 1008 (Internet) for making a valid Bridging E (Class WE) visa application which was removed by a drafting error in the erstwhile instrument, i.e., the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 dated 25 June 2019. The Instrument is registered on the Federal Register of Legislation on 25 May 2020 and according to Clause 2 of the Instrument it “commences the day after registration on the Federal Register of Legislation”. Thus, the Instrument is currently in force, commencing 26 May 2020 and accordingly, Form 1008 (Internet) can now be used for making a valid Bridging Visa E (BVE) application.
The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Regulation Bill”] and the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 [“the Registration Bill”] are laid on the table of the Senate for second reading debate on 12 June 2020. The Regulation Bill, popularly known as the ‘Deregulation Bill’, proposes amendment to the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs migration agents. Further, the Registration Bill proposes amendment to the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Both the Bills were first introduced in the Senate on 13 Feb 2020. Track the progress of the Regulation Bill, click here.
Certain visas, specifically employer sponsored Temporary Skill Shortage Visa (Subclass 482 visa) requires testing the local labour market in Australia before nominating an overseas worker for a skilled position. In other words, you must demonstrate to the Department that no suitable worker is present in Australia for a particular skill for which you are nominating an overseas skilled worker. Generally, labour market testing (LMT) requires the employer (the approved sponsor) to advertise the position for an eligible occupation provided under the TSS 482 visa occupation list and provide evidence of the same at the stage of nomination application. This blog explores one of the LMTexemptions where LMT is not required if it conflicts with Australia’s international trade obligations as per Section 140GBA of the Migration Act 1958 (Cth) [“the Act”].Section 140GBA of the Act provides: “Labour market testing—condition Scope (1) This section applies to a nomination by a person, under section 140GB, if: (a) the person is, or has applied to be, in a class of approved work sponsors prescribed by the regulations; and (b) the person nominates: (i) a proposed occupation for the purposes of paragraph 140GB(1)(b); and (ii) a particular position, associated with the nominated occupation, that is to be filled by a visa holder, or applicant or proposed applicant for a visa, identified in the nomination; and (c) it would not be inconsistent with any international trade obligation of Australia determined under subsection (2) to require the person to satisfy the labour market testing condition in this section, in relation to the nominated position.” In this regard, the Migration (LIN 20/029: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2020 dated 28 January 2020 provides a list of 14 agreements thatdetermine international trade obligations of Australia regarding labour market testing. Some instances where LMT exemptions are applicable are: Nominee is a citizen or national of China, Japan, Mexico, Thailand or Vietnam; Nominee is a citizen or national or permanent resident of Canada, Chile, South Korea, New Zealand or Singapore; Nominee is a current employee of the associated entity of the sponsor’s business where the associated entity is situated in Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam (the ASEAN countries), Canada, Chile, China, Japan, Mexico, South Korea or New Zealand. Further, it may interest you to know that the Regional Trade Agreements Division of the Department of Foreign Affairs and Trade has recently announced the commencement of the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA) from05 July 2020 which may impact and alter certain visa requirements regarding LMT for Indonesians and make immigrating to Australia easier for you. If you are seeking help regarding LMT or want to speak to experienced Registered Migration Agents about visa 482, call us on +61 2 4626 1002. Alternatively, you can Contact Us and one of our TSS visa agent will get back to you shortly.
The Parliament of the Commonwealth of Australia has 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 Act”] on 14 May 2020. 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. The Bill aims 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. Section 5(1) of the Act defines Immigration Detention as: “(a) being in the company of, and restrained by: (i) an officer; or (ii) in relation to a particular detainee – another person directed by the Secretary or the Australian Border Force Commissioner to accompany and restrain the detainee; or (b) being held by, or on behalf of, an officer: (i) in a detention centre established under this Act; or (ii) in a prison or remand centre of the Commonwealth, a State or a Territory; or (iii) in a police station or watch house; or (iv) in relation to a non-citizen who is prevented, under section 249, from leaving a vessel – on that vessel; or (v) in another place approved by the Minister in writing;” Currently, Section 5(1) of the Act doesn’t include detention centres under Section 273 of the Act, also known as the Alternative Places of Detention (APODs), within its ambit. Thus, the Bill aims to insert new definition to include all places of detention under the Act under a collective definition of ‘immigration detention facility’. Further, the Bill 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. According to the Bill, “The Minister may, by legislative instrument, determine a thing for the purposes of subsection (1) if the Minister is satisfied that: (a) possession of the thing is prohibited by law in a place or places in Australia; or (b) possession or use of the thing in an immigration detention facility might be a risk to the health, safety or security of persons in the facility, or to the order of the facility.” The Bill aims to increase the existing search and seizure powers of the Officer under the Migration Act which are not sufficient to prevent the misuse prohibited items in the immigration detention facilities. If you have any questions, concerns or comments, contact Migration Centre of Australia on (02) 4626 100 to speak one of our friendly coordinators.
The Skilled Independent Visa (subclass 189) is a points tested stream that lets invited workers with the rights skills to live and work permanently anywhere in Australia! This visa lets you: stay in Australia permanently work and study in Australia enrol in Australia’s public health care scheme, Medicare sponsor your relatives to come to Australia travel to and from Australia for 5 years and if you are eligible, become an Australian citizen Because this is a permanent visa, you will be allowed to live in Australia indefinitely. How good is that! And, you become a permanent resident on the day that the Department grants your visa. The other benefit of this visa is that you are able to include your family members in your application. Did you know, that you can be in or outside Australia when you apply for the visa? If you apply in Australia, you must hold a substantive or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be processed. With this visa, you can also travel in and out of Australia as many times as you want for 5 years from the date of your visa grant. After 5 years you will need a Resident Return (RRV) visa (subclass 155 or 157) to re-enter Australia as a permanent resident. Because of this, your visa will be digitally linked to your passport and you will receive a label in your passport to reflect this. Eligibility So how can you apply? 1. You must be invited to apply You can only apply for this visa if you are invited. You will need to submit an expression of interest (EOI) if you would like to apply for the visa. After you have submitted an EOI, you will be ranked against other intending applicants and might be invited to apply for the visa. These invitations are issued regularly through SkillSelect. 2. Have a suitable skills assessment For your application to be valid, you must declare that you have a suitable skills assessment at the time of invitation. You will need to provide a copy of this skills assessment with your application. Your skills assessment must have been obtained in the 3 years before the date of your invitation. If the assessment was for a shorter period, that period must not have passed. If your skills were assessed on the basis of a qualification you got in Australia when you held a student visa, the qualification must be from studying a course registered on CRICOS. 3. Be this age You must be aged under 45 when we invite you to apply for the visa. You can still apply for the visa if you turn 45 after we invite you to apply. If you turn 45 after you submit your EOI but before we invite you to apply, you will not be invited to apply. 4. Be able to score 65 points or more This is a points-tested visa. When you submit your EOI in SkillSelect you will be given an indicative points score based on the claims you have made. If you do not obtain a score of 65 points you will not be invited to apply for this visa. 5. Have this level of English language At the time of invitation, you must have at least competent English. Competent English means that you must prove: that you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, with your application you have an obtained one of the following English language test results: Test Required score International English Language Testing System (IELTS) At least 6 for each of the 4 components Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking Pearson Test of English Academic (PTE Academic) At least 50 for each of the 4 components Occupational English Test (OET) At least B for each of the 4 components Cambridge C1 Advanced test At least 169 in each of the 4 components 6. Meet the skills requirement Your occupation must be on the relevant list of eligible skilled occupations for the Skilled Independent visa (subclass 189) Point-Tested stream. 7. Meet our health requirement You and any family who apply for the visa with you must meet the health requirement. 8. Meet our character requirement You and family members aged 16 years and over who apply for the visa with you must meet the character requirement. 9. Have paid back your debt to the Australian government If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back. 10. Sign the Australian values statement If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia booklet and confirm you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement. 11. Not have had a visa cancelled or a previous application refused Unfortunately, you might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. If this happens, you may discuss your matter with us to assess your eligibility. 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 interested in applying for the Skilled Independent Visa (subclass 189), or you need professional migration advice on assessing your eligibility, or y you simply want to know more about your visa options, contact us today on (02) 4626 1002 or send us an email at admin@mckkrs.com.au and one of my registered migration agents will be ready to help
The Immigration and Community Protection Policy Division of the Department of Home Affairs (DoHA) has specified arrangements for bridging visa applications as per the Sub-regulation 2.07(5) of the Migration Regulations 1994 (“the Regulations”) vide the Migration (LIN 20/068: Arrangements for Bridging Visa Applications) Instrument 2020 [“the Instrument”] dated 21 May 2020. The Sub-regulation 2.07(5) of the Regulations provides: “(5) If an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify any of the following matters for the purposes of such a criterion or requirement: (a) an approved form for making an application for a visa of a specified class; (b) the way in which an application for a visa of a specified class must be made; (c) the place at which an application for a visa of a specified class must be made; (d) any other matter.” Thus, the Minister is empowered to specify approved forms for lodging a valid visa application and the place and manner in which the visa application must be made. Accordingly, vide the Instrument, the Minister has specified the forms, manner, and place for making visa applications for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE), and Bridging F (Class WF), with the purpose of amending a drafting error in the erstwhile instrument, i.e., the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 dated 25 June 2019, which is now repealed. Changes brought by the Instrument Re-approves Form 1008 (Internet) for making a valid Bridging E (Class WE) visa application. However, the applicant must not have another pending Bridging E (Class WE) visa application. Further, the Instrument is registered on the Federal Register of Legislation on 25 May 2020 and according to Clause 2 of the Instrument it “commences the day after registration on the Federal Register of Legislation”. Thus, the Instrument is currently in force, commencing from 26 May 2020 and accordingly, Form 1008 (Internet) can now be used for making a valid Bridging E (Class WE) visa application. For your information, Bridging E (Class WE) comprises 2 visa subclasses: Subclass 050 Bridging (General), popularly called Bridging Visa E (BVE) and Subclass 051 Bridging (Protection Visa Applicant). If you are seeking assistance in your bridging visa applications or are facing issues of visa expiry, visa cancellation, or visa refusal, call us on (02) 4626 100 to discuss your situation or Contact Us so that one of our Registered Migration Agents can help you with your application.