Skilled Independent Visa – New Zealand stream has been temporarily closed to new applications which means an application for this visa cannot be made from 10 December 2022 until 1 July 2023. This is a temporary pause on new applications while the Government considers future migration and citizenship pathways for New Zealand citizens in Australia. During this period, the Department of Home Affairs will seek to finalise the majority of on-hand applications in the New Zealand stream, and has established a dedicated taskforce to prioritise the processing of this caseload. The majority of New Zealand stream applicants have been waiting several years for their visa application to be finalised due to the limited number of places allocated to this group in recent years. The following streamlining measures introduced acknowledge that this this group of New Zealand citizens are long-term residents of Australia, have been working here and contributing to Australia’s economic recovery during the COVID-19 pandemic. The purpose of the streamlining arrangements is to support faster visa processing of on-hand New Zealand stream applications for New Zealand citizens (and their family members) who have been living in Australia generally for a significant period of time and continued to work in Australia during the COVID-19 pandemic. The measures include removing the requirement for New Zealand stream on-hand applicants to satisfy criteria relating to: The only criteria to be met by primary applicants (and their family members) with on-hand applications are the existing common criteria for the Subclass 189 (Skilled – Independent) visa which relate to public interest criteria such as character, security, and certain other matters. Also, as announced in the October 2022 Budget, the Government is proceeding with priority processing of these applications in order to finalise the majority by mid-2023.
On 28 October 2022, the Minister for Migration released Ministerial Direction 100, for reducing the processing times across caseload and to clear the visa backlogs, while prioritising the most in demand occupations. During the initial months of 2022, visa processing was slow due to the workforce shortage at the Department of Home Affairs. However, the Department was able to speed up its visa processing at the start of May 2022, attributable to the appointment of 260 more staff to work on visa processing. Outlined below are the new visa priorities as per Ministerial Direction 100: Within each category above, for provisional and permanent skilled visa applications, priority is given to visa applications where primary applicant is offshore at the time of making visa application. The Priority Migration Skilled Occupation List (PMSOL) has been discontinued as it no longer reflected the actual sectors facing workforce shortage. Also, it has reduced the number of priorities including removing priority processing for the Global Talent visas along with Business Innovation and Investment visas The new priorities apply to all skilled visa nomination and visa applications that are yet to be decided, as well as new applications lodged. The Ministerial Direction 100 is applicable to the following visas: Healthcare or Teaching Occupations Include the following A- 134311 – School Principal B- 421111 – Child Care Worker C- 423111 – Aged or Disabled Carer D- 423312 – Nursing Support Worker E- 423313 – Personal Care Assistant.
Migration (International trade obligations relating to labour market testing – India-Australia Economic Cooperation and Trade Agreement) Amendment Determination (LIN 22/105) 2022 dated 21 November 2022 inserts an additional international trade agreement, India-Australia Economic Cooperation and Trade Agreement (IAECTA), in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The instrument amends Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 which determines Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out a condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if: For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: The instrument amends LIN 21/075 to insert one additional international trade agreement, namely the India-Australia Economic Cooperation and Trade Agreement (IAECTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and India is called IAECTA. The Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 amends the Customs Act 1901 (the Customs Act) to implement the IAECTA. The instrument is registered on 23 November 2022 and commences on the later of the day after it is registered and the day on which Schedule 1 to the Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 (amendment) commences. However, this instrument will not commence if the amendment to the Customs Act does not commence. To access the instrument, click here.
Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022, dated 21 November 2022 inserts an additional international trade agreement, the Australia-United Kingdom Free Trade, (AUKFTA) Agreement in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The instrument amends Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 which determines Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if: For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: The instrument amends LIN 21/075 to insert one additional international trade agreement, namely the Australia-United Kingdom Free Trade Agreement (AUKFTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and the United Kingdom of Great Britain and Northern Ireland is called AUKFTA. The Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Act 2022 amends the Customs Act 1901 (the Customs Act) to implement the AUKFTA. The instrument is registered on 23 November 2022 and commences on the later of the day after it is registered and the day on which Schedule 1 to the Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Act 2022 (amendment) commences. However, this instrument will not commence if the amendment to the Customs Act does not commence. To access the instrument, click here.
The offer of temporary humanitarian stay by the Australian government to Ukrainian nationals has expired. The department now advises Ukrainians and their families that want to come to Australia or who are in Australia and wish to extend their stay to explore other visa options including the skilled, family, student, and visitor visa programs. To explore other visa options, click here.
In response to the multi-dimensional humanitarian crisis in Myanmar, Minister Giles has announced that Myanmar nationals currently residing in Australia and who have arrived with a valid visa will have their application for protection prioritized by the Department of Home Affairs. To know more, click here.
In response to the multi-dimensional humanitarian crisis in Myanmar, Minister Giles has announced that Myanmar nationals currently residing in Australia and who have arrived with a valid visa will have their application for protection prioritized by the Department of Home Affairs. To know more, click here
Migration Amendment (Subclass 191 Visas—Waiver of Conditions) Regulations 2022, dated 10 November 2022 amends the Migration regulations 1994 to enable family members of skilled workers to apply for subclass 191 visas without having to depart Australia by providing the ability to waive the‘No Further Stay condition’. The Subclass 191 visa has two streams namely the Regional Provisional stream and the Hong Kong stream. The primary applicants in the regional stream must hold a ‘pathway visa’ subclass 491 or 494. Likewise, the applicants in the Hong Kong stream must have valid subclass 457, 482, or 485 visas. In addition, the applicants of both streams are required to fulfill three years of residency requirements in a designated regional area of Australia. However, there are no such requirements for a secondary applicant (that is a member of the family unit) of a Subclass 191 visa who may be holding another visa that is subject to a No Further Stay condition. The instrument amends the regulations to enable the waiver of that No Further Stay condition and to allow family members and dependants of a subclass191 primary applicant to be added to the primary applicant’s onshore application without having to leave Australia. The instrument is registered on the Federal Register of Legislation on 11 November 2022 and commenced on 12 November 2022. It is currently in force. To access the instrument, click here.
Invitation Round: 31 October 2022 Matrix nominating Small Business Owners: 17 invitations 457 visa / 482 visa holders: 01 invitation Matrix nominating Critical Skill occupations: 186 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 221 invitations Invitations were not issued if the applicants have an active application in the system or have previously received an ACT nomination. The next Canberra Matrix invitation round will be held before 28 November 2022.
South Australia Skilled and Business Migration Program are increasing its nominations of offshore skilled migrants during 2022-23, with over 1,100 candidates already nominated to address urgent workforce shortages in South Australia. South Australia is nominating offshore applicants from over 470 occupations, so it is advised that the applicants must keep all the information in their SkillSelect EOI updated. To know more about offshore skilled migrants nomination, click here.