The updated NT DAMA has increased the annual ceiling, enabling employers to fill up to 625 vacant positions every year with overseas workers to address labour market shortages. The Northern Territory employers now have the access to 124 skilled and semi-skilled occupations in critical skill shortage. The other changes include: To know more, click here.
The federal budget 2022-2023, has set a ceiling of 160,000 for its permanent migration program, with an expectation to return the Australian migration to pre-pandemic levels. Federal Budget 2022-2023 contains the following migration-related announcements. Skilled Visa Streams Skilled stream visas will constitute 70% of the program with a total of 109,900 places, comprising employer-sponsored (30,000 places), skilled independent (16,652 places), state and territory nominated (20,000 places), and regional visas (25,000 places). Family Visa Streams The remaining 30% will be allocated to Family stream visas. Of the 50,000 family stream places, the partner and child visa categories are estimated to deliver 40,500 and 3,000 visas respectively, while 6000 places will be available for parent visas. Family Stream Planning Levels Visa Stream 2022-23 2021-22 Partner 40,500 72,300 Parent 6,000 4,500 Other Family 500 500 Family Total 47,000 77,300 Special Eligibility 100 100 Child (estimate, not subject to ceiling) 3,000 3000 Humanitarian Visa Programs The Humanitarian Program will be maintained at 13,750 places in 2022-23. Specific Visa Programs $19.5 million over 2 years from 2022-23 to attract talented individuals and international investment. $127 million for training for occupations in high demand. $15 million to the Department of Regional Development for operational staff over four years through to 2024-25. Net Overseas Migration is expected to increase from -89,000 in 2020-21 to 41,000 in 2021-22, before increasing to 213,000 people in 2024-25. To know more about the Federal Budget 2022-2023, click here.
Compilation of Migration (IMMI 18/085: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2018, dated 5 March 2022, incorporates the amendments made by migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022, specifying the requirements for making an application for a Temporary Work (International Relations) (Class GD) visa. The instrument provides that for making an application for a Temporary Work (International Relations) (Class GD) visa under the following streams: Form 1403 (Internet) must be used or, if a written notice has been received, Form 1403 can be used in accordance with instructions in that notice. The instrument also provides that for a primary or combined application for the following streams: Form 1403 (Internet) must be used or, if a written notice has been received, Form 1403 can be used in accordance with instructions in that notice. For all other applications, Form 1481 (Internet) must be used or, if a written notice has been received, Form 1481 can be used in accordance with instructions in that notice. The Instrument is registered on the Federal Register of Legislation on 18 March 2002 and commenced on 5 March 2022. It is currently in force. To access the instrument, click here.
Compilation of Migration (Arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021, dated 5 March 2022, incorporates the amendments made by Migration (Arrangements for Visitor (Class FA) visa applications) Amendment Instrument (LIN 22/005) 2022, specifying the requirements for making an application for a Visitor (Class FA) visa Intourist stream in Australia. The instrument specifies the approved form, place, and manner for making an application for a Tourist stream visa: The instrument is registered on the Federal Register of Legislation on 18 March 2022 and commenced on 5 March 2022. It is currently in force. To access the instrument, click here.
Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022, dated 17 March 2022, specify a new cohort of specified persons who, after 30 June 2022, will be eligible to meet requirements under regulation 5.19 of the Regulations for applications seeking approval for a nomination of a Temporary Residence Transition Stream (TRT visa). It also exempts the specified persons from the operation of paragraph 5.19(5)(c) of the Regulations. Regulation 5.19 of the Migration Regulations 1994 prescribes the process for the approval of nominated positions in Australia, including in relation to a TRT visa. Subregulations 5.19(5) to (8) of the Regulations states requirements relating to approval for nomination for a TRT visa. The changes introduced relates to the provision of Subparagraph 5.19(5)(a)(iii) of the Regulations which states that if a nomination is in a Temporary Residence Transition stream of the subclass 186 or subclass 187 visa, the person identified in the nomination application (i.e. the identified person) must hold a subclass 482 visa in the short-term stream and be a person specified in a legislative instrument. The instrument specifies the following as cohorts of specified persons for subparagraph 5.19(5)(a)(iii), after 30 June 2022: In addition, the new specified persons and an additional cohort of subclass 457 visa holders, are also exempted, from the operation of paragraph 5.19(5)(c) of the Regulations, which states that the occupation of the identified person must be specified in a legislative instrument unless the identified person is exempted. This means that the specified persons are not required to hold an occupation on the medium and long-term strategic skills list, to have a nomination application made for them. The new ‘periods of time have also been set out for meeting the requirements for approval which must be met if the nomination relates to a TRT visa for specified 457 visa holders. The following periods of time are specified if the identified person in an application is a specified 457 visa holder: Also, if the identified person in an application has a COVID-19 reduced work period or unpaid leave period, instead of the total period of at least 3 years (not including any period of unpaid leave): These provisions operate to recognize those periods of time as the time they were employed on a full-time basis. The instrument is registered on the Federal Register of Legislation on 18 March 2022 and commenced on the same day. It is currently in force. To access the instrument, click here.
Migration Amendment (Ukraine) Regulations 2022, dated 17 March 2022, amends the Migration Regulations 1994 to provide visa extension by 6 months of certain temporary visas for the passport holders of Ukraine, in Australia. The instrument implements the Prime Ministers’ announcement made on 23 February 2022, regarding visa extensions for six months for the passports holders of Ukraine and their accompanying family members, as Australia’s response to the Ukraine crisis. The extension applies to temporary visas held by Ukrainians in Australia on 23 February 2022 with a visa in effect on that date and whose visa would otherwise cease before 1 July 2022. The following visas are eligible for extension: The instrument is registered on the Federal Register of Legislation on18 March 2022 and commenced on 22 February 2022. It is currently in force. To access the instrument, click here.
Invitation Round: 17 March 2022 Matrix nominating Small Business Owners: 0 invitation 457 visa / 482 visa holders: 0 invitation Matrix nominating Critical Skill occupations: 47 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 82 invitations Invitations were not issued if the applicants have an active application in the system or have previously received ACT nomination. The next Canberra Matrix invitation round will be held before 03 April 2022.
Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022, dated 11 March 2022, expands the kind of work an applicant can be doing, or have an offer to do, to be eligible for grant of a Subclass 408 visa by removing the limitation to work in key sectors and provides a nil visa application charge amount, for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations for applicants in a class of persons specified in the instrument. The instrument repeals the Migration (LIN 20/229: COVID- 19 Pandemic event for Subclass 408 (Temporary Activity) visa, which provided a pathway for substantive temporary visa holders in Australia to stay in Australia and work in key sectors of the economy (agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality) to support Australia during the COVID-19 pandemic. The new instrument removes the limitation to work in key sectors, to be eligible for grant of a Subclass 408 visa. It modifies the class of persons that are specified for paragraph 408.229(c) of Schedule 2 to the Migration Regulations 1994 (the Regulations), in relation to the COVID-19 pandemic (specified for this instrument as an ‘Australian Government endorsed event’ for paragraph 408.229(b) of Schedule 2 and subclause 9204(2) of Schedule 13 to the Regulations. The instrument also repeals visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 and provides a nil visa application charge for the classes of person specified in this instrument for subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. According to the new instrument, the following applicant falls within a specified class of persons for paragraph 408.229(c) of Schedule 2 and for subparagraph 1237(2)(a)(i) of Schedule 1 to the Migration Regulations 1994 (the Regulations) 1. An applicant who, at the time of application:a) is in Australia; andb) is working, or in receipt of an offer to work, in Australia; andc) either:i. holds a relevant temporary visa with work rights that is 90 days or less from ceasing to be in effect; orii.held a relevant temporary visa with work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made. 2. An applicant who, at the time of application:a) last arrived in Australia before 21 February 2022; andb) is in Australia; andc) is working, or in receipt of an offer to work, in Australia; andd) either:i. holds a substantive temporary visa without work rights that is 90 days or less from ceasing to be in effect; orii. held a substantive temporary visa without work rights that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made. 3. An applicant who, at the time of application:a) is in Australia; andb) is employed by, or in receipt of an offer of employment from a Commonwealth funded aged care service; andc) either:i. holds a relevant temporary visa that is 90 days or less from ceasing to be in effect; orii. held a relevant temporary visa that ceased to be in effect not more than 28 days before the application 4. An applicant who, at the time of application:a) is in Australia; andb) either:i. holds a Subclass 403 Seasonal Worker visa that is 90 days or less from ceasing to be in effect; orii. held a Subclass 403 Seasonal Worker visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; andc) is employed by, or in receipt of an offer of employment from, an approved employer under the Seasonal Worker Program. The instrument is registered on the Federal Register of Legislation on 15 March 2022 and commenced on 16 March 2022. It is currently in force. To access the instrument, click here.
Compilation of Migration (IMMI 18/084: Specification of ETA-Eligible Passports) Instrument 2018, dated 20 February 2022 [“the Compilation”] incorporates the amendments made by Migration (Specification of ETA-Eligible Passports) Amendment Instrument (LIN 22/040) 2022 [ the Instrument] to specify a new condition for a passport issued by the authorities of Taiwan to be an ETA-eligible passport. The instrument specifies that a passport issued by the authorities of Taiwan must not be a ‘Taiwanese compatriot document’ to be an ETA-eligible passport. A Taiwanese compatriot document is not recognised by Australia as a valid travel document. Therefore, the passport issued by the authorities of Taiwan will not be regarded as an eligible ETA passport, if it purports to be: an official passport or a diplomatic passport or a Taiwanese “compatriot” document. The compilation is registered on the Federal Register of Legislation on 16 March 2022 and commenced on 20 February 2022. It is currently in force. To access the instrument, click here.
The Department of Home affairs vide their email dated March 16, 2022 with the subject line “Changes to ‘COVID-19 and the border’ website” has informed all the registered migration agents about the new URL for the updated COVID-19 and the border website. The Department of Home Affairs recommends directing all links on website, email, app or other communication materials to the restructured website’s homepage only. To access the updated COVID-19 and the border website, click here.