The Australian Government has introduced Incentive 2 -“Skills Assessment Opportunities for Migrants”, which offers a free and fast-tracked skills assessment for onshore migrants who have the qualifications, skills, and/or experience in a priority occupation but have not undergone a skills assessment, to help with Australia’s economic recovery from the impact of COVID-19 and to fill labour shortages. Incentive 2 is for the onshore migrants holding a permanent family, partner, refugee, or humanitarian visa. An applicant is eligible to apply for a ‘free’ skills assessment in a priority occupation on or after 28 February 2022, if the applicant: The skills assessment authorities will complete the skills assessment within 15 business days, after receiving all the necessary documents of the applicant. Applicants who receive a suitable outcome in their assessment may be asked to complete a short survey about their employment outcomes which will be used to inform future migrant skills assessment policy. Also, the applicants whose assessment is not considered suitable will be informed about training opportunities to upskill them in accordance with the Australian job market. The following visa holders are eligible for Incentive 2 – “Skills Assessment Opportunities for Migrants”: Adoption visa (subclass 102) Aged Dependent Relative Visa (subclass 114) Aged Dependent Relative Visa (subclass 838) Aged Parent visa (subclass 804) Carer visa (subclass 836) Carer visa (subclass 116) Child visa (subclass 101) Child visa (subclass 802) Contributory Aged Parent visa (subclass 864) Contributory Parent visa (subclass 143) Orphan Relative (subclass 117) Orphan Relative (subclass 837) Parent visa (subclass 103) Partner visa (subclass 100)Partner visa (subclass 801) Remaining Relative visa (subclass 115) Remaining Relative visa (subclass 835) Interdependency (subclass 110 and 814) Designated Parent (subclass 118 and 859) Global Special Humanitarian (subclass 202) Protection visa (subclass 866) Refugee visas (subclass 200, 201, 203, and 204) Incentive 2 -“Skills Assessment Opportunities for Migrants” is available till June 2023.
Compilation of Migration Regulations 1994, dated 4 April 2022, incorporates the amendments made by Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022, to increase the first instalment of the Visa Application Charge (VAC) for a Subclass 403 visa in the Australia Agriculture Worker stream and repeals the Seasonal Worker Program and the Pacific Labour Scheme streams from Temporary Work (International Relations) Subclass 403 visa and replaces them with a new single Pacific Australia Labour Mobility stream. The instrument in Schedule 1 Part 1, increases the visa application charge for a Subclass 403 visa in the Australia Agriculture Worker stream from $315 to $630. The instrument in Schedule 1 Part 2, repeals the Seasonal Worker Program and the Pacific Labour Scheme streams from the Temporary Work (International Relations) Subclass 403 visa and replaces them with a new single Pacific Australia Labour Mobility stream. The new Pacific Australia Labour Mobility stream is available to visa applicants who are participating as a worker in the PALM scheme administered by the Department of Foreign Affairs and Trade (DFAT), on the basis of bilateral arrangements negotiated with foreign governments. The sponsor who has agreed to be the sponsor of the applicant must be an approved temporary activities sponsor and has been accredited under an arrangement with DFAT to participate in the PALM scheme. The compilation is in effect from 4 April 2022 and thus, is currently in force. To access the full compilation, click here.
Migration (Arrangements for Resident Return Visa Applications) Instrument (LIN 22/019) 2022, dated 1 April 2022 updates the requirements for making an application for a special Eligibility (Class CB) visa, Return (Residence) (Class BB) visa, and for a Resident Return (Temporary) (Class TP) visa. Applications for this visa must be made using form 47SV and be posted with sufficient prepaid postage to the Department of Home Affairs, Locked Bag, Northbridge WA 6865, Australia. Applications for this visa must be made using an internet form 1085E through ImmiAccount unless a person has received a written notice from the Department that they can make an application via form 1085 by sending it to residentsreturn@homeaffairs.gov.au.The applicant must attach the written notice received from the Department to the application form 1085. Applications for this visa must be made using form 1085 either at a diplomatic, consular, or immigration office maintained by or on behalf of the Commonwealth of Australia or be posted with sufficient prepaid postage to Resident Return Visa Application, Department of Home Affairs, GPO Box 9984, Sydney NSW 2001. The instrument repeals Migration (IMMI 17/031 Arrangements for Resident Return Visa Applications) Instrument 2017. The instrument is registered on the Federal Register of Legislation on 1 April 2022 and commenced on 2 April 2022. It is currently in force. To access the instrument, click here.
Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022, dated 31 March 2022 amends the Migration Regulations 1994 to create new public interest criteria, visa conditions, and visa cancellation grounds regarding an unreasonable risk of an unwanted transfer of critical technology by the holder or the applicant of the visa. The instrument makes the following amendments: The instrument also inserts PIC 4003B which states that the Minister has not determined that there is an unreasonable risk of an unwanted transfer of critical technology by the applicant. It will be applicable to the primary as well as the secondary applicant where the primary applicant’s course of study or intended course of study is a postgraduate research course. A visa applicant must meet PIC 4003B for the following visa subclasses: The instrument is registered on the Federal Register of Legislation on 5 April 2022. The amendments containing measures relating to student visa holders commence on 1 July 2022. The other part of the instrument relating to other visa holders commences after 1 July 2022on a date to be determined via a notifiable instrument made by the Minister. To access the instrument, click here.
Migration (Arrangements for Electronic Travel Authority (Class UD) visa applications) Instrument (LIN 22/048) 2022, dated 5 April 2022 specifies the arrangement for making an application for an Electronic Travel Authority visa. The instrument specifies that the approved form for making an application for an ETA visa is the Australian ETA application form available in the Australian ETA mobile app and the manner of lodgement is through this mobile app. The app improves the accuracy of visa application data, resulting in more efficient visa processing and also preventing non-genuine travellers. The app enables ETA visa-eligible travellers to apply for a visa in a fast and convenient manner while also supporting the Government’s digital transformation strategy and the recovery of Australia’s tourism industry. The instrument is registered on the Federal Register of Legislation on 5 April 2022 and commenced on the same day. It is currently in force. To access the instrument, click here.
Migration Amendment (2022 Measures No. 2) Regulations 2022, dated 31 March 2022 amends the Migration Regulations 1994 to extend the period of stay in Australia for subclass 476 visa holders, facilitate application for an Electronic Travel Authority visa using a recently launched digital app and facilitate a pathway to permanent residence for subclass 482 visa holders. Schedule 1- Subclass 476 (Skilled-Recognised Graduate) visas: It provides subclass 476 visa holders and former holders affected by COVID-19 international travel restrictions with an additional 2 years to live, work and study in Australia to assist them to use the visa as intended. The extension applies to all primary subclass 476 visa holders who were outside of Australia at any time between 1 February 2020 and 14 December 2021, while they held a valid subclass 476 visa. This applies even if the visa has already ceased, or would have ceased before the Amendment Regulations are made, but was not cancelled. The same extension applies to secondary subclass 476 visa holders. The extension will operate irrespective of whether the person is in Australia or outside Australia at the time Schedule 1 of the Amendment Regulations takes effect. Schedule 2 – Electronic Travel Authority visas The ETA is a tourist visa (subclass 601), that enables the visa holder to travel to and enter Australia multiple times for a period of 12 months, an application for which is usually made by a travel agent. Schedule 2 clarifies the process of making an application for an ETA visa and enables the person who holds an ETA-eligible passport that is also an eVisitor eligible passport to apply for an ETA visa electronically using the AustralianETA App. Through this app, the applicants can lodge their ETA visa application using their own portable device, in a fast and convenient manner. The AustralianETA App has specific travel agent functionality to enable travel agents to download the AustralianETA App to lodge an application on behalf of an applicant. Schedule 3 – Temporary Skill Shortage visas The amendment allows TSS visa holders (subclass 482) who have worked in Australia during the COVID-19 pandemic to apply for a third TSS visa in the Short-term stream without having to leave Australia. This includes the TSS Visa holders who: Also, this concession will help facilitate a pathway to a permanent visa for this cohort, while they remain in Australia, as it will enable them to be holders of or applicants for, a TSS visa as required for the applicable pathway to permanent residence visa stream. The instrument is registered on the Federal Register of Legislation on 4 April 2022. Schedule 1 of the instrument commences retrospectively on 31 January 2020, Schedule 2 on 5 April 2022, and Schedule 3 on 1 July 2022. To access the instrument, click here.
Migration (Age Exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022, dated 31 March 2022, amends the Migration (LIN 19/216: Exemptions from Skill, Age, and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 to specify certain legacy 457 workers as an additional class of persons to be exempted from the age requirement, where an applicant must be under 45 years of age at the time of application for a subclass 186 visa in the TRT stream. The instrument specifies legacy 457 workers as an additional cohort, which will be exempted from meeting age requirements at the time of application for subclass 186 visa. This means this cohort is not required to be less than 45 years old at the time of application for a subclass 186 visa in the TRT stream. Also, this provision will provide access to permanent residence for more subclass 457 visa holders from 1 July 2022. The instrument defines a Legacy 457 worker as a person who, for a subclass 186 visa application: The instrument is registered on the Federal Register of Legislation on 4 April 2022 and will commence on 1 July 2022. To access the instrument, click here.
Invitation Round: 28 March 2022 Matrix nominating Small Business Owners: 01 invitation 457 visa / 482 visa holders: 01 invitation Matrix nominating Critical Skill occupations: 87 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 80 invitations Invitations were not issued if the applicants have an active application in the system or have previously received ACT nominations. The next Canberra Matrix invitation round will be held before 13 April 2022.
OMARA vide their email dated 28 March 2022 with the subject line,” Using form 956 – important information” has shared the feedback of AAT regarding usage of the older version of Form 956 by immigration assistance providers and therefore, recommends using the most recent version of Form 956. OMARA advises ensuring that the most recent version of Form 956 must be used while submitting to the Department of Home Affairs and to replace the previous version of Form 956, if saved, with the present version. To access the recent version of Form 956, click here.
The Department of Home Affairs has provided an additional nomination allocation to Western Australia State Nominated Migration Program for the remaining 2021-22 program year. State nomination applications currently on hand, will be finalised first by the Migration services and applicants will be contacted as required. New applications for State nomination are now being accepted and the next invitation round is expected to be held in the first week of April 2022. The May and June invitation rounds are expected to be brought forward and are anticipated to be held in the first week of each month, to allow adequate time to process applications prior to the end of the program year. To know more about Western Australia State Nominated Migration Program, click here.