Migration (Specification of eVisitor eligible passport) Instrument (LIN 23/064) 2023 dated 13 September 2023 specifies eVisitor eligible passports and the conditions that must be satisfied for such passports in relation to an application for an eVisitor visa by an applicant. This instrument repeals Migration Regulations 1994 – Specification of an eVisitor – Eligible Passports – IMMI 13/078 and amends the reference to the country of Slovakia, which was listed as Slovak Republic in IMMI 13/078. All applicants must hold an eVisitor eligible passport, to make a valid application for a Subclass 651 (eVisitor) visa. Given below is the list of eVisitor eligible passports and the conditions in relation to such passports: Item Kind of Passport Condition(s) 1 Andorra Passport must indicate that applicant is a national of Andorra 2 Austria Passport must indicate that applicant is a national of Austria 3 Belgium Passport must indicate that applicant is a national of Belgium 4 Bulgaria Passport must indicate that applicant is a national of Bulgaria 5 Croatia Passport must indicate that applicant is a national of Croatia 6 Cyprus Passport must indicate that applicant is a national of Cyprus 7 Czech Republic Passport must indicate that applicant is a national of the Czech Republic 8 Denmark Passport must indicate that applicant is a national of Denmark 9 Estonia Passport must indicate that applicant is a national of Estonia 10 Finland Passport must indicate that applicant is a national of Finland 11 France Passport must indicate that applicant is a national of France 12 Germany Passport must indicate that applicant is a national of Germany 13 Greece Passport must indicate that applicant is a national of Greece 14 Hungary Passport must indicate that applicant is a national of Hungary 15 Iceland Passport must indicate that applicant is a national of Iceland 16 Ireland Passport must indicate that applicant is a national of Ireland 17 Italy Passport must indicate that applicant is a national of Italy 18 Latvia Passport must indicate that applicant is a national of Latvia 19 Liechtenstein Passport must indicate that applicant is a national of Liechtenstein 20 Lithuania Passport must indicate that applicant is a national of Lithuania 21 Luxembourg Passport must indicate that applicant is a national of Luxembourg 22 Malta Passport must indicate that applicant is a national of Malta 23 Monaco Passport must indicate that applicant is a national of Monaco 24 Netherlands Passport must indicate that applicant is a national of the Netherlands 25 Norway Passport must indicate that applicant is a national of Norway 26 Poland Passport must indicate that applicant is a national of Poland 27 Portugal Passport must indicate that applicant is a national of Portugal 28 Romania Passport must indicate that applicant is a national of Romania 29 San Marino Passport must indicate that applicant is a national of San Marino 30 Slovakia Passport must indicate that applicant is a national of Slovakia 31 Slovenia Passport must indicate that applicant is a national of Slovenia 32 Spain Passport must indicate that applicant is a national of Spain 33 Sweden Passport must indicate that applicant is a national of Sweden 34 Switzerland Passport must indicate that applicant is a national of Switzerland 35 United Kingdom of Great Britain and Northern Ireland Passport must indicate that applicant is a national of Britain (excluding British National (Overseas), British Dependent Territories Citizen, British Overseas Citizen, British Protected Person and British Subject) 36 Vatican City (Holy See) Passport must indicate that applicant is a national of the Vatican City (Holy See) The instrument is registered on the Federal Register of Legislation on 18 September 2023 and commenced on 19 September 2023. It is currently in force. To access the instrument, click here.
Migration (Purposes of Managed Fund Investments) Instrument (LIN 23/056) 2023 dated 13 September 2023 specifies the purpose of an investment in a managed fund, to enable Subclass 188 visa holders in the Significant Investor stream who applied between 23 November 2013 and 30 June 2015, to meet the criteria of Significant Investor Extension stream of the Subclass 188 visa or the Significant Investor stream of the Subclass 888 visa which requires the applicant to hold a complying investment in a managed fund (directly or through an investor directed portfolio service) for a specified purpose. It also repeals Migration Regulations 1994 – Specification of Eligible Managed Fund Investments – IMMI 13/092. For paragraph 5.19B(2)(c) of the Regulations, the following are regarded as the specified purpose of an investment in a managed fund: The instrument is registered on the Federal Register of Legislation on 19 September 2023 and commenced on 20 September 2023. It is currently in force. To access the instrument, click here.
Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023 dated 13 September 2023 amends the Migration (LIN 19/047: Specification of Occupations—Subclass 187 Visa) Instrument 2019 and the Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 to remove the requirement for employers to provide a health workforce certificate for certain occupations for subclass 186 visa applications. The purpose of this instrument is to remove health workforce certificate requirements. The applicants for a subclass 186 visa in the DE stream at the time of decision must certify certain criteria. One of such criteria states that an applicant’s skills must be assessed as suitable for the applicant’s nominated occupation by an assessing authority specified by the Minister in a legislative instrument as the assessing authority for that occupation (Subclause 186.234(2)(a) of Schedule 2 to the Regulations). As per the abovementioned power, the Minister in LIN 19/047 and LIN 19/049 specified a requirement that a health workforce certificate (HWC) from a health workforce certifier be provided when an employer nominates a position in certain medical occupations. In LIN 19/047, these medical occupations were In LIN 19/049, these were HWX program was introduced to manage the growth of overseas trained doctors entering primary care in well-serviced major capital cities and metropolitan areas, however, considering the widespread shortages of doctors in Australia, the measure is no longer required. The Minister for Health and Aged Care and Minister for Immigration, Citizenship and Multicultural Affairs have agreed to end the program, and as such the HWC is no longer required. The amendments made by this instrument enable employers to nominate a position in Australia which identifies a medical occupation, in relation to a person seeking to apply for a subclass 186 or a subclass 187 visa in the TRT stream or DE stream, without being required to provide a HWC. The instrument is registered on the Federal Register of Legislation on 15 September 2023 and commences on 16 September 2023. To access the instrument, click here.
Queensland has opened its state nominated skilled migration program on 5 September 2023 and will begin inviting selected applicants from the end of September and hold invitation rounds at the end of each month to ensure equal distribution of workload throughout the program year. Queensland has received a reduced allocation from the Department of Home Affairs the year 2023-24 (1550 skilled nominations and no BIIP allocation), Migration Queensland will begin inviting selected applicants from the end of September 2023, and hold invitation rounds at the end of each month for the rest of financial year 2023 – 24. The number of invitations to be issued each month will be capped to ensure a steady rate of invitation throughout the program year. Due to this highly competitive scenario, Migration Queensland recommends exploring alternative migration options. To apply for Queensland nomination, the applicant must meet the eligibility criteria of the Department of Home Affairs as well as Migration Queensland and must submit a brand new EOI in SkillSelect. Migration Queensland will only consider EOI’s lodged on or after 5 September 2023 – updated EOI’s will not be considered. The detailed criteria for all pathways for the 2023 – 24 program has been updated on Migration Queensland website including: To know more about Migration Queensland, click here.
Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023 dated 31 August 2023 amends the Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) for the closure of COVID-19 pandemic event 408 visa for new applicants from 2 September 2023. For the grant of subclass 408 visa, an applicant must satisfy the primary criteria which requires the applicant to be a person to whom a clause in subdivision 408.2 of Schedule 2 to the Migration Regulations. Clause 408.229 will apply to an applicant if that applicant seeks to enter or remain in Australia to undertake work directly associated with the ‘Australian Government endorsed event’ (AGEE). Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) specified the event known as the COVID-19 pandemic as an ‘Australian Government endorsed event’ (AGEE) and classes of persons in relation to the event who may be eligible for a Subclass 408 (Temporary Activity) visa. This visa was introduced in April 2020 to enable temporary migrants to lawfully remain in Australia while the border was closed. It also addressed labour shortages in critical sectors in the local economy. Now that Australia’s borders are open and temporary visa holder numbers in Australia have returned to pre-COVID-19 levels, the Pandemic event visa is no longer required. Therefore, the Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023 gradually closes the COVID-19 pandemic event 408 visa to new applicants from 2 September 2023. Although, the existing COVID-19 Pandemic event visa holders are still eligible for a COVID-19 Pandemic event visa till 31 January 2024 and from 2 September 2023, new applications will receive a six-month visa and a Visa Application Charge of $405 AUD must be paid. The COVID-19 Pandemic event visa will close to all applications on 1 February 2024. The closure of the Pandemic event visa will encourage individuals to apply for a more appropriate visa to meet their individual circumstances. The instrument is registered on the Federal Register of Legislation on 1 September 2023 and commenced on 2 September 2023. To access the instrument, click here.
On 26 August 2023, the Australian Government announced that the amount of savings international students will need in order to get a student visa will increase from AUD21,041 to AUD24,505 from 1st October 2023. For an applicant seeking to satisfy the primary criteria for a student visa, the Minister may require the applicant to give to the Minister evidence of financial capacity that satisfies specified requirements to demonstrate that the applicant will have access to the funds while they are in Australia to support themselves throughout their studies. The evidence of financial capacity may include evidence of sufficient funds to cover travel costs, the living costs, and the course fees. These financial requirements for a student visa (subclass 500) will be updated from 1st October 2023 to ensure students coming to Australia to study can afford to support themselves and will not face increased risk of exploitation due to an urgent need for employment. The Australian Government is increasing the amount of savings international students will need in order to get a student visa. This requirement was last indexed in 2019 (an increase from AUD20,290 to AUD21,041) and now again government consider it important to increase it to reflect higher living expenses in Australia. From 1st October 2023, the amount of savings international students will need in order to get a student visa will be increased from AUD21,041 to AUD24,505. This means that the 12 month living costs for international students from 1st October 2023 will be $24,505 in savings, which is a 17% increase on current levels. To know more, click here.
The Commonwealth Government has made a significant reduction in the visa nomination allocations for South Australia’s General Skilled Migration (GSM) 2023–24 program and has allocated a total of 2,300 nomination places for the 2023-24 GSM program. The nomination places for South Australia’s General Skilled Migration (GSM) 2023-24 have been substantially reduced as compared to 8,800 nomination places allocated in the program year 2022-23. The Government will continue to support South Australia’s priority industries with the limited places available and is focussed on attracting overseas skilled migrants in critical sectors such as Health and Defence. The Commonwealth Government has not provided South Australia with any nomination places for the Business Innovation and Investment Program in 2023–24 and GSM applications from the 2022–23 financial year will be finalised soon. Business or investor migrants holding a provisional visa (subclass 188) can apply for nomination for the extension stream or permanent (subclass 888) visa in 2023–24 as these are not subject to a cap. To know more, click here.
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/049) 2023 (No. 2) dated 23 August 2023 amends Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 to update the arrangements including approved form, manner and place for lodging the visa applications for Protection (Class XA) visa, Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa. An application for a Class XA, Class XD and Class XE visa must be in the approved form specified by the Minister in a legislative instrument as per Items 1401, 1403 and 1404 of Schedule 1 to the Migration Regulations. The new instrument updates the arrangements for lodging visa applications for these three visa classes: For the purposes of item 1401 of Schedule 1 to the Migration Regulations, all Protection (Class XA) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so. For the purposes of item 1403 of Schedule 1 to the Migration Regulations, all Temporary Protection (Class XD) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so. For the purposes of item 1404 of Schedule 1 to the Migration Regulations, all Safe Haven Enterprise (Class XE) visa applications must be made using form 866 (Internet) as an Internet application. If the application cannot be made using an online form, the application can be made using form 866 and posted with sufficient prepaid postage to the specified departmental address in Sydney, but only if the Department specifically authorises the applicant to do so. The instrument is registered on the Federal Register of Legislation on 23 August 2023 and commenced on 28 August 2023. To access the instrument, click here.
Migration (Chemicals of Security Concern) Specification (LIN 23/053) 2023 dated 14 August 2023 specifies the list of chemicals of security concern for the purposes of visa conditions 8551 and 8560 which requires that visa holders who hold a Subclass 050 Bridging (General) visa or a Subclass 070 Bridging (Removal Pending) visa must obtain the Minister’s approval before taking up employment in an occupation that involves the use of, or access to such chemicals of security concern. The instrument specifies chemical and their Chemical Abstracts Service (CAS) registry number as a chemical of security concern for the purposes of subclauses 8551(2) and 8560(2) of Schedule 8 to the Migration Regulations. It allows the Minister to prevent visa holders who hold a Subclass 050 Bridging (General) visa or a Subclass 070 Bridging (Removal Pending) visa from working in occupations involving potential risk to security and safety and to facilitate possible cancellation of the bridging visa if the visa holder takes up employment involving the use of or access to such chemicals, or acquires such chemicals without the Minister’s approval. Therefore, Subclass 050 Bridging or a Subclass 070 Bridging visa holders seeking to take an employment in an occupation that involves the use of, or access to chemicals of security concern must have the Minister’s approval. The previous instrument specifying chemicals of security concern for the purposes of visa conditions 8551 and 8560 was Migration Regulations 1994 – Specification of Definition of Chemicals of Security Concern – IMMI 13/083, which commenced on 13 July 2013 and is scheduled to sunset on 1 October 2023. The new instrument repeals Migration Regulations 1994 – Specification of Definition of Chemicals of Security Concern – IMMI 13/083 but does not make changes to the list of chemicals of security concern specified in IMMI 13/083. The instrument is registered on the Federal Register of Legislation on 21 August 2023 and commenced on 22 August 2023 and is currently in force. To access the instrument, click here.
VETASSESS is offering a free employability assessment to assist onshore migrants holding permanent visas working below their skill level although they have had a skills assessment in a priority occupation, to gain work according to their skill level. This program is to help people already living in Australia on an eligible permanent visa subclass and working below their skill level, by providing them an Employability Assessment and access to subsidised training. As many skilled migrants are working in jobs below their level of qualifications and experience, the free employability assessment will identify gaps in areas such as literacy, digital skills and communication skills. The free employability assessment will help identify if some extra training could help such onshore migrant to gain employment in their field. In addition, a referral to a training organisation is also included in this offer to help the migrant gain the extra skills and the Australian Government will pay most of the cost for the training. VETASSESS, will offer this service if the migrant has a successful VETASSESS skills assessment from 1 January 2012 in one of these occupations: Agricultural Technician Food Technologist Metallurgist Agricultural Consultant Geologist Orthoptist Agricultural Scientist Geophysicist Program or Project Administrator Apiarist (beekeeper) Gymnastics Coach or Instructor Project Builder Building Inspector Hair or Beauty Salon Manager Quality Assurance Manager Civil Engineering Technician Health Diagnostic and Promotion Professionals nec Retail Manager (General) Civil Engineering Draftsperson Hotel or Motel Manager Research and Development Manager Construction Estimator Hydrogeologist Sales Representative (Industrial Products) Construction Project Manager Insurance Agent Shearer Contract Administrator Insurance Broker Swimming Coach or Instructor Conveyancer Internal Auditor Urban and Regional Planner Corporate Services Manager Licensed Club Manager Veterinary Nurse Dental Hygienist Marketing Specialist Vocational Teacher (non-trades) Dental Therapist Meat Inspector Diversional Therapist Metallurgical or Materials Technician Eligibility for VETASSESS – Free employability assessments