The Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019 [“the Instrument”] amended vide the Migration (LIN 20/101: Arrangements for certain visa applications) Amendment Instrument 2020 dated 11 March 2020 is registered on 14 April 2020. The Instrument provides form, place and manner for making an application Skilled and Temporary Graduate Visas requiring most visa applications to be made as an internet application. The date of commencement of the Instrument, as amended, is 14 March 2020. Visas Subclasses covered under the Instrument are Subclass 887 (Skilled Regional) visa, Subclass 189 (Skilled Independent) visa, Subclass 190 (Skilled Nominated) visa, Subclass 476 (Skilled Recognised Graduate) visa, Subclass 485 (Temporary Graduate) visa, Subclass 489 (Skilled Regional (Provisional)) visa, Subclass 491 (Skilled Work Regional (Provisional)) visa. The Amendment specifies that Subclass 491 (Skilled Work Regional (Provisional)) visa application made by secondary applicants must also be an internet application even in cases where the application is not lodged at the same time as the primary applicant.
Invitation date: 3 April 2020 ACT 190 Nomination – Invitations Issued: 94 All Matrix submitted: 95 to 75 points 70 point Matrix submitted on or before 31 December 2019 ACT 491 Nomination – Invitations Issued: 83 All Matrix submitted: 125 to 70 65 point Matrix submitted on or before 2 March 2020
In Queensland, bridging visa holders hit by Section 48 bar will not be nominated by the BMSQ (Business and Skilled Migration Queensland) for Subclass 491 visa even though they have been invited to lodge documents for visa application. Accordingly, the applicants are requested to withdraw their visa applications. The 491 applicants who are on bridging visa and had a visa refused or cancelled must notify BMSQ of such refusals or cancellations if they have received invitation to lodge the visa application. Under these circumstances, the applicant is probably hit by Section 48 bar and accordingly is not eligible to lodge their state nominated visa application from Australia. Usually, the applicants would leave Australia to lodge their visa application from outside Australia and then return to Australia. However, due to current travel restrictions during Covid-19 pandemic, it is not possible for applicants who are temporary visa holders to return to Australia for the time being. Thus, they are not eligible to lodge the visa application. If they wish to apply for 491 visa, they may submit an Expression of Interest again if they continue to meet the regional criteria.
While the Government considers Temporary Visa Holders as an important part of the Australian economy and society, there is clear message for people who are incapable to support themselves financially during coming months “to return home”. The Hon Alan Tudge MP, current acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs acknowledges that there are currently 2.17 million people on a temporary visa in Australia but they are not given access to unconditional work rights and government payment schemes. The Government is offering support to International students, Temporary Skilled visa holders and Working holiday makers supporting critical sectors in other ways such as by relaxing certain visa conditions, extending the limit of working hours and early access to superannuation funds. However, International tourists on visitor visas, Temporary Skilled visa holders who got laid off due to Covid-19 and working holiday makers & New Zealanders on 444 Visas who are unable to sustain their stay in Australia are being asked to make arrangements to leave.
Most Temporary visas such as work and holiday makers visas, bridging visas, training visas, temporary activities visas and temporary skill shortage visas come with attached condition 8303 according to which visa holder “must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community”. In broader view of this provision, one could argue that violating social distancing rules put in place by the Government to control the spread of Covid-19 in Australia may be construed as being involved in activities which are disruptive to the Australian community in general. Any breach of a visa condition may possibly result in cancellation of the visa. Visa subclasses that may be under the scope of this provision include 400, 403, 405, 407, 408, 410, 449, 461, 482, 870 and bridging visas.
Citizenship ceremonies to be held online by the Government in view of the Covid-19 pandemic, changing the way of traditional in-person ceremonies. Through these online ceremonies people will continue to become Australian citizens even during such tough times. The Department of Home Affairs has started to conduct online ceremonies over a secured video link for people whose application for Australian citizenship was approved already. According to Department sources, there are currently 85,000 people awaiting a ceremony. When the program runs in full capacity, the Government is expecting to confer citizenships to up to 750 people per day. Further, the Department is still accepting new applications for Citizenship, however, they have put interviews and testing on hold for the time being.
During Covid-19 crisis, the Government is offering special support to agriculture workforce primarily comprising temporary visa holders who assist farmers in Australia by working seasonally. Temporary changes are announcement to visa arrangements with an aim to secure Australia’s food and produce supply. Agriculture has become country’s backbone and most essential sector in the course of the crisis. These visa changes allow those within the Pacific Labour Scheme, Seasonal Worker Program and Working Holiday Makers to continue to work in agriculture and food processing and remain in Australia lawfully for the time being. Acting Minister Alan Tudge said, “We are giving certainty to our agriculture workforce so they can get food from farms to our shops and ensure critical services continue.”
AAT has announced changes to their services during this time of COVID-19 and to help in slowing the process of spreading by closing their office for visitors. However, following services are still open for online services such as : Lodge a new application (preferred method of lodgement) Submit a document for any case that has already been lodged with the AAT Email about your new or existing application Send a general enquiry Provide feedback including compliments, complaints and suggestions They have put range of measures in places including to conduct hearings and conferences by video or telephone, or to postpone them where this is not possible. They have also temporarily suspended the issuing of non-urgent summonses. Their staff remain available to answer telephone and email enquiries, process applications and deliver other services in support of AAT members and Tribunal users.
Covid-19 Pandemic Event visa allows 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 Coronavirus (Covid-19) pandemic and are ineligible to apply for any other visa. 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, the Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass 408) program. To apply for this visa, the applicant must be in Australia and must have 28 days or less remaining on the current visa or have had the last substantive visa expired not more than 28 days ago. Further, eligible applicants do not need a written endorsement from the Government to apply for this visa. Furthermore, there is no visa application charge for lodging a COVID-19 Pandemic event 408 visa application.
Due to a high demand and quota being met for the following occupations, these occupations have been removed from QSOLs. If your occupation has been removed, please do not submit an EOI as it will not be picked up. Onshore, (includes Queensland Postgraduate (Alumni)) and Offshore Marketing Specialist ANZSCO 225113 Onshore Finance Manager ANZSCO 132211 Occupations removed from QSOL 25 November 2019 Onshore and Offshore -IT ICT Business Analyst ANZSCO 261111 Systems Analyst ANZSCO 261112 Developer Programmer ANZSCO 261312 Software Engineer ANZSCO 261313 Software and Applications Programmers nec ANZSCO 261399 ICT Security Specialist ANZSCO 262112 Computer Network and Systems Engineer ANZSCO 263111 Analyst Programmer ANZSCO 261311 Onshore –Accounting Accountant (General) ANZSCO 221111 Management Accountant ANZSCO 221112 Taxation Accountant ANZSCO 221113 External Auditor ANZSCO 221213 Internal Auditor ANZSCO 221214 Offshore -Engineering Civil Engineer ANZSCO 233211 Mechanical Engineer ANZSCO 233512 Electrical Engineer ANZSCO 233311 Engineering Technologist ANZSCO 233914