Repeals Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019. Requirements for making a valid application for the following visa classes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills(Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR). Specifies additional approved form, place and manner for Distinguished Talent (Migrant) (Class AL) and Distinguished Talent (Residence) (Class BX) (Distinguished Talent visa). Visa applicants can now lodge an internet application Form 47DT (Internet). This is in addition to other options – send Form 47SV by post or courier or use the Global Talent contact form https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/global-talent-contact-form.
Issues around Australia’s immigration laws regarding the cancellation of visas on character grounds under section 501 of the Migration Act are expected to be raised by NZ Prime Minister Jacinda Ardern when she meets with Prime Minister Scott Morrison today. “We have seen cases where there is also almost no connection of an individual to New Zealand who have been deported,” Ardern said after meeting Prime Minister Scott Morrison last year. There has been an exponential increase in New Zealanders being removed from Australia since 2014 when changes were made to section 501. This amounted to 435 people in the financial year 2018/2019. Permanent residents who have their visas cancelled are being sent back to New Zealand regardless of whether they have any connection to New Zealand.
LIN 20/102 and LIN 20/046 commenced on 25 Feb 2020 that creates arrangements for former Student (Temporary) (Class TU) subclass 500 visa holders whose visas were cancelled and for Visitor (Class FA) subclass 600 visa respectively. Covid 19 Pandemic (Corona virus) – Student (Temporary) (Class TU) visa holders cancellation LIN 20/102 commenced on 25 Feb 2020: It creates arrangements for former Student (Temporary) (Class TU) subclass 500 visa holders whose visas were cancelled due to World Health Organisation declaring a Public Health Emergency of International Concern (PHEIC). The visa application charge will be nil. https://www.homeaffairs.gov.au/news-media/current-alerts/novel-coronavirus Covid 19 Pandemic – New arrangements for Visitor (Approved Destination) (Class FA). LIN 20/046 commenced on 25 Feb 2020 for Visitor (Class FA) subclass 600 visa holders whose visas were cancelled due to World Health Organisation declaring a Public Health Emergency of International Concern (PHEIC). It provides an alternative me method for reapplying applicants. The visa application charge will be nil.
More than 27,000 people attended 454 ceremonies around the country to become Australian citizens on Australia Day 26 January 2020 which is the largest number to date. Between 01 July and 31 December 2019, 106,704 people were conferred with Australian citizenship. “Citizenship is a chance for new migrants to make a pledge to uphold our laws and values and contribute to our cohesive, open and inclusive society. Australia Day is an opportunity to celebrate our success as a multicultural nation and reflect on what it means to be an Australian” Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said.
On 17 February 2020 Assistant Minister for Customs, Community Safety and Multicultural Affairs Jason Wood launched a public nomination process for the Modern Slavery Expert Advisory Group (Expert Advisory Group). He said “the Expert Advisory Group reflects the Government’s commitment to collaborating with business and civil society to combat modern slavery in supply chains through implementation of the Modern Slavery Act 2018”. Nominations are being sought from experts in business and human rights, procurement and supply chain management. Members of the Expert Advisory Group will be appointed for an initial term of 18 months. It is expected there will be 5 permanent representatives from the peak bodies as well as individual experts from business, civil society and academia.
Working holiday visa holders will be able to help bushfire affected communities get back on their feet following changes announced on 17 February 2020 by the Morrison Government. Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently announced new measures for working holiday visa holders. Farmers and regional businesses can now employ backpackers for an additional six months to help with the bushfire recovery efforts. Work and Holiday subclass 462 visa holders can now work with the same employer for 12 months if they are assisting with bushfire recovery efforts. Any paid or volunteer disaster recovery work in declared areas will count towards the “specified work” needed to apply for a second or third year 462 or 417 visa.
The final settings of the Global Talent Independent Program has been launched. As part of the commitment to ensuring that businesses in Australia has access to the best and brightest talent to help grow a stronger economy, the Government allocated 5,000 permanent places for global talent in the 2019-20 Migration Program Year. Through the Global Talent Program, Australia is seeking skilled and specialised individuals who are at the top of their field in growth industries and who can provide opportunities for businesses, entrepreneurs and individuals to share innovative ideas, skills and experience. The program offers a permanent visa to live and work anywhere in Australia with applicants receiving a personalised service to guide them through the process.
NSW has announced the criteria for the Permanent Significant Investor Visa and the extension Significant Investor Visa. NSW nomination criteria for the entrepreneur visa are very competitive and support the aim of the NSW migration program to create jobs, boost productivity and generate genuine economic activity. 188C Significant Investor Visa (SIV) Program requirements: The applicant must make an investment of at least AUD 5 million in a “complying investment”. A “complying investment” for the purposes of the Significant Investor Visa must be made up of: At least $500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies At least $1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange. A ‘balancing investment’ of up to $3 million in managed funds that may invest in a range of assets, including ASX-listed companies, Australian corporate bonds or notes, annuities and commercial real estate
The department of Home Affairs has made changes to the risk levels (assessment levels) for some countries. These changes are based on a balance of offshore refusals (both fraud-related and non-fraud related) and onshore immigration ‘trailing risks’: rate of visa cancellations, over stayers and subsequent protection visa applications. India, Nepal, and Pakistan are among the higher risk countries and Colombia, Brazil, Ecuador, Hungary, Philippines, Indonesia, Taiwan, South Africa are now considered ‘low risk’ for an Australian Student visa. The department of Immigration uses a combined evidence level of the student’s education provider and country of citizenship to determine whether the student needs to provide evidence of financial and English language capacity with their student visa application. Evidence of financial capacity Sufficient funds to cover travel costs and 12 months of living and tuition fees and school costs for any school aged dependants, or Evidence that spouse or parents are willing to support and have an annual income of at least AUD 60,000 for single students or at least AUD 70,000 for students that are accompanied by family members An Acceptance Advice of Secondary Exchange Students form for secondary exchange students only A letter of support from Department of Foreign Affairs and Trade or Department of Defence. English language ability: Evidence that they have either obtained a satisfactory test score in an English language test that been approved by DHA or evidence of certain eligible studies in English Evidence that they: have obtained a certain test score in an English language test that the Department has approved (below table) have completed certain eligible studies in English, or fall into an exemption category Colombia, Brazil, Ecuador, Hungary, Philippines, Indonesia, Taiwan, South Africa are now considered low risk and therefore do not need to demonstrate Financial ability and English unless the department specifically requests them.
The Department of Health has declared that holders of the new regional visas will be ‘treated as being an eligible person’ for the purposes of the Health Insurance Act. This means that migrants on the new Subclass 491 and 494 visas will now be able to apply for Medicare to cover their stay. Comparison to current visas The 491 replaces the 489 visa. Under the 489 visa, applicants had no access to Medicare which means they had to pay for their medical treatment. With the new announcement, 491 visa holders will be able to visit the doctor or go to hospital and have some or all of the expenses covered by Medicare. The current 482 program requires visa holders and their families to hold adequate health insurance for the duration of their visa. Only those from countries with reciprocal health care arrangements can access a Medicare card. However, the new 494 regional employer sponsored visa allows all holders access to a Medicare card.