Migration (Extension of visa period for certain temporary safe haven visas) Instrument (LIN 21/078) 2021, dated 11 November 2021, extends the visa period for HumanitarianStay (Temporary) Subclass 449 visas held by Afghan evacuee cohort, for 12 months which was initially granted for 3 months. The instrument specifies that the visa period for the subclass 449 visa, granted due to the deteriorating security situation in Afghanistan, on or after 19 August 2021 or before the commencement of this instrument, is extended until 30 November 2022. This extension entitles subclass 449 holders to access Australian Government services and entitlements while they undertake the permanent visa process. The Instrument is registered on the Federal Register of Legislation on 11 November 2021 and commenced on 12 November 2021. It is currently in force. To access the Instrument, click here.
NSW Business and Skilled Migration update, clarifies NSW Complying investments for BIIP visas, defines ‘Headquartered in NSW’ and also notifies the closure of October submission window for subclass 491 visa. The wording for the NSW investment framework for BIIP investors and significant investor streams has been updated to ensure that the funds are compliant. It includes the investment framework for: 1. Venture capital and growth private equity investment 2. Emerging companies investment 3. Balancing investment NSW also defined Headquartered in NSW as having an ABN registration address in NSW, a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as an NSW company and the company’s activities are substantial in NSW and are not the merely peripheral activity of the company. It also notifies that the October submission window for Skilled Work Regional Subclass 491 visa has now closed and all invitations from this window issue. For more information, click here.
The updated Tasmanian Business Migration State Nomination Program is now open. The interested applicants for Subclass 188/888, Business Innovation stream and Entrepreneur Stream must submit a Registration of interest outlining their business or entrepreneurial proposal and skills and financial status of current business. High regard will be given to the strongest proposals from the register and the applicant will be invited to apply for nomination. Nominations in the Investor and Significant Investor Streams will not be offered this program year. To access the updated Tasmanian Business Migration State Nomination Program, click here.
The procedural instructions for section 501 has been updated on 31 October 2021.Section 501 deals with the refusal or cancellation of a visa on character grounds. The new procedural instructions relating to the character test, visa refusal, and visa cancellation have been introduced. Therefore, it is recommended to check the new policy instructions relating to section 501.
Invitation Round: 01 November 2021 Matrix nominating Small Business Owners: 0 invitations ACT 190 nominations: 0 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations ACT 491 nominations: 0 invitations 457 visa / 482 visa holders: 07 invitations ACT 190 nomination: 07 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 73 invitations ACT 190 nomination: 0 invitations 190 minimum Matrix score: ACT 491 nomination: 73 invitations 491 minimum Matrix score: 65 (Accountants: 95) 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 09 November 2021.
Migration Legislation Amendment (Hong Kong) Regulations 2021 dated 28 October 2021, amend the Migration Regulations 1994 (the Migration Regulations) and the Migration Amendment (New Skilled Visas) Regulations 2019 to implement the extended visa arrangements for BNO passport holders and the permanent residence pathways for both Hong Kong and BNO passport holders. The schedule 1 of the instrument extends previously granted temporary skilled visas and temporary graduate visas (Subclasses 457,482, 485), and provides for future grants of those visas to be for five years if the primary visa holder held a BNO passport when the visa was granted. Schedule 1 of the instrument provides concessions to BNO holders with a retrospective effect from 9 July 2020. If the relevant visa has ceased since 9 July 2020, it will be re-enlivened, subject to the reason for cessation. This amendment puts the holders of British National passports in the same position that holders of Hong Kong passports were placed in from 9 July 2020. Schedule 2 of the instrument inserts requirements that must be met by applicants seeking to apply for a Skilled Independent subclass 189 visa in the new Hong Kong stream. It grants permanent residence to Hong Kong passport holders and British National (Overseas) passport holders, and their family members. The applicants for the Skilled Independent subclass 189 Visa new Hong Kong stream must: be a holder of a Hong Kong passport or a British National(Overseas) passport have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions have held that visa for at least 4 years have been resident in Australia for a period of 4 years meet PIC 4007(both primary and secondary applicant) Schedule 2 also amends the Subclass 191 visa so that it will provide a pathway to permanent residence for visa holders covered by the Hong Kong concessions. Subclass 191 now has two streams for primary applicants: the Regional Provisional Visas stream; and the Hong Kong (Regional) stream The applicants for the Permanent Residence (Skilled Regional) subclass 191 Visa new Hong Kong stream must: be the holder of an HKSAR or a BNO passport have held as a primary holder either a Subclass 457, Subclass 482 or Subclass 485 visa covered by the Hong Kong concessions held that visa while meeting the regional requirements for 3 years and be resident in Australia for a continuous period of 3 years immediately before applying meet PIC 4007(both primary and secondary applicant) have lived, worked, or studied, three years immediately before applying, exclusively in a designated regional area There is no requirement to meet an income threshold for these 3 years before applying for this Hong Kong stream. The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of this instrument commences retrospectively from 9 July 2020 and schedule 2 will commence on 5 March 2022. To access the Instrument, click here.
Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021, dated 28 October 2021, amends Migration Regulations 1994 to prescribe a list of certain skilled and regional visas that a person subject to section 48 is permitted to apply for while remaining in Australia who is currently prevented from applying onshore but is unable to leave and apply from overseas due to COVID-19 related travel restrictions. It also amends Citizenship Regulation 2016 to update the places and currencies in which citizenship application fees may be paid and the relevant conversion rates. In order to give person barred by section 48 more options to remain in Australia and to not depart Australia to make another visa application, this instrument specifies in schedule 1 the following skilled visas for which such person may apply: Skilled Nominated (Permanent) Subclass 190 visa Skilled Employer Sponsored Regional (Provisional) Subclass 494 visa Skilled Work Regional (Provisional) Subclass 491 visa It expands the list of exempted classes of visas prescribed in regulation 2.12 enabling regional and nominated skilled visa applications to be made by people who are affected by the section 48 bar, but meet all other requirements for making an application for the visa. Schedule 2 of the instrument makes routine amendments to facilitate the lawful collection of citizenship application fees in specified foreign countries and foreign currencies at updated exchange rates. The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of the instrument will commence on 13 November 2021 and schedule 2 on 1 January 2022. To access the Instrument, click here.
Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021, dated 28 October 2021 repeals Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 20/029) 2020 and Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 18/219)2018 to consolidate the international trade agreements to be determined as an international trade obligation of Australia in these two instruments into one instrument. The Instrument determines Australia’s obligations under international law, relating to international trade, under subsection 140GBA(2) of the Act, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. The Instrument has added the Regional Comprehensive Economic Partnership Agreement (RCEP) to the list of applicable trade agreements. The RCEP is a new international trade agreement and is made between the Association of Southeast Asian Nations (ASEAN includes Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Viet Nam) and ASEAN’s free trade agreement partners including Australia, China, Japan, New Zealand and the Republic of Korea. The Instrument is registered on the Federal Register of Legislation on 01 November 2021. It is currently in force. To access the Instrument, click here.
Invitation Round: 25 October 2021 Matrix nominating Small Business Owners: 03 invitations ACT 190 nominations: 03 invitations 190 minimum Matrix score: 75 ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 11 invitations ACT 190 nomination: 11 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 78 invitations ACT 190 nomination: 02 invitations 190 minimum Matrix score: 120 ACT 491 nomination: 76 invitations 491 minimum Matrix score: 65 (Accountants: 95) 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 3 November 2021.
From 2 November 2021, South Australia will open an additional 24 Engineering occupations for the applicants currently residing outside Australia. The applicants must meet all Department of Home Affairs visa requirements, South Australia’s state nomination requirements, and the occupation must be listed on South Australia’s Skilled Occupation List, to apply for state nomination from South Australia. To access the South Australia state nomination requirements, click here. To access the list of occupations, click here.