The Migration Queensland program is currently open from Tuesday 26 October 2021. i. Business program The Business Migration Program is now open and will remain open until the quota is filled. The applicant’s Expression of Interest will be picked up from 1 July 2021. The following visas are available under the business program: The applicant’s Expression of Interest will be picked up from 1 July 2021. The following visas Business Innovation and Investment (Permanent) visa (subclass 888) Investor Retirement (Temporary) visa (subclass 405) renewal To access the Department of Home Affairs and Migration Queensland criteria for the above visas. ii. Skilled program The skilled program will remain open until the nomination quota is filled, although applications will not be processed during the Christmas period the program will remain open. The skilled applicants must submit a brand new EOI from Tuesday 26 October 2021. The following visas are available under-skilled program: Skilled Nominated (Permanent) visa (subclass 190) Skilled Work Regional (Provisional) visa (subclass 491). To access the Department of Home Affairs and Migration Queensland criteria for the above visas, click here. The 491 – Small Business Owners pathway is currently open and the applicant must submit an Expression of Interest (EOI) before submitting a 491 – Small Business Owners Assessment Form. The new criteria state those who have started a business and have continuously run that business for a minimum of 2 years can now apply for the 491-SBO visa stream. The business must be generating a profit and have a turnover of $200,000 in the 12 months prior to application. Applicants with an s48 bar will not be considered for Queensland state nomination.
VETASSESS has introduced changes to trade occupations, new information sheets for professional and general occupations, and also distributing badges for marketing occupations. i. Trade occupation update All successful applicants under the occupation of Bricklayer applying for a Pathway 1 skill assessment will receive a new qualification, CPC33020 Certificate III in Bricklaying and Blocklaying, ensuring that the applicants have the latest qualification for their trade. Trades Recognition Australia has laid down new requirements for Pathway 2 applicants in licensed trades: Applicants holding an Australian VET qualification need to demonstrate at least 12 months of full-time (or equivalent part-time) paid employment in their nominated occupation. The employment must have been completed in Australia in the three years prior to lodging the application. Applicants holding a current identified Australian occupational license (not subject to restrictions) must demonstrate 12 months full-time (or equivalent part-time) paid employment in the nominated occupation that has been completed in Australia or New Zealand in the three years prior to lodging the application. From 1 November onwards, these changes will be applicable for all new skills assessment applications lodged. ii. Professional occupations update VETASSESS has new and updated information sheets for professional occupations. To access the list, click here. iii. Digital badges for marketing occupations VETASSESS is now issuing digital badges to clients who receive a successful application in any of the three occupations: Advertising Specialist (ANZSCO 225111) Market Research Analyst (ANZSCO 225112) Marketing Specialist (ANZSCO 225113) These badges entitle them to a free one-year Professional International Membership to the Australian Marketing Institute (AMI).
Migration (VAC refunds for certain Prospective Marriage visas) Amendment Instrument (LIN 21/071) 2021, dated 21 October 2021 amends Migration (Refund of Visa Application Charge) Instrument (LIN 21/007) 2021, to insert two additional circumstances in which the first installment VAC for Prospective Marriage (Subclass 300) visa holders or former holders (visa holders), who are adversely impacted by COVID-19 related travel difficulties, may be refunded. The instrument specifies two new conditions under subsection 5(4A) and subsection 5(7) in which the first installment of a VAC for a Prospective Marriage visa may be refunded: i. If the visa was in effect on 10 September 2021 and the visa holder entered Australia during that time but was unable to marry their sponsor before the visa ceased because of restrictions imposed by the COVID-19 pandemic and a request for refund has been made, on or before 31 December 2022, after the visa has ceased to be in effect. ii. If the visa was in effect on 15 September 2021, the visa holder was outside Australia on 15 September 2021 and did not enter Australia after 15 September 2021 as a holder of that visa, and a refund is requested on or before 31 December 2022, after the visa ceased to be in effect because the visa holder had requested the Minister to cancel the visa in accordance with paragraph 2.43(1)(g) or (h) of the Regulations. The instrument is registered on the Federal Register of Legislation on 28 October 2021 and commenced on 29 October 2021. It is currently in force. To access the instrument, click here.
Invitation Round: 18 October 2021 Matrix nominating Small Business Owners: 0 invitations ACT 190 nominations: 0 invitations 190 minimum Matrix score: ACT 491 nominations: 0 invitations 491 minimum Matrix score: 457 visa / 482 visa holders: 02 invitations ACT 190 nomination: 04 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 86 invitations ACT 190 nomination: 11 invitations 190 minimum Matrix score: 100 (Accountants: 115) ACT 491 nomination: 75 invitations 491 minimum Matrix score: 65 (Accountants: 95 – up to 30 September) 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 26 October 2021.
The new ranking system, used for issuing invitations to apply for State nomination gives preference to applicants currently residing in Western Australia. The updated State nomination ranking system: General stream Currently residing in Western Australia Currently residing in another Australian state or territory Highest EOI points score and Oldest EOI submission date. Graduate stream — Higher education graduates 1. Currently residing in Western Australia 2. Currently residing in another Australian state or territory 3. Completed a Ph.D. or Masters qualification in Western Australia 4. Completed an Honours degree or other higher degree in Western Australia 5. Completed a Bachelor degree in Western Australia Graduate stream — VET graduates Currently residing in Western Australia Currently residing in another Australian state or territory Completed a VET qualification at Advanced Diploma level in Western Australia Completed a VET qualification at Diploma level in Western Australia Completed a VET qualification at Certificate IV level in Western Australia.
The Minister for Home affairs Karen Andrews has announced that from 1 November 2021, parents of Australian citizens and permanent residents are eligible to apply for travel exemption, for travel to Australia. The travel exemption applications can be made through the Department of Home affairs Travel Exemption Portal, for travelling to Australia from 1 November 2021. The parents must have a valid passport, visa, and proof of vaccination, and also evidence of a parental relationship with an Australian citizen or a permanent resident. All international travellers remain subject to state and territory quarantine arrangements.
Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021, dated 20 September 2021, amends Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 to specify that the Office of Migration Agents Registration Authority (the OMARA) has determined that the new and sole provider of Capstone is Legal Training Australia Pty Ltd from 1 January 2021, for the examinations for registration as a migration agent and to remove references to the common assessment(CAIs) items relating to registration. Item 1 of Schedule 1 of the instrument updates the definition of ‘Capstone assessment’, as the exam of that name which was delivered by The College of law before 1 January 2021 or by Legal Training Australia Pty Ltd after1 January 2021. Item 2 omits the definition of ‘common assessment items relating to registration’ in section 4. CAIs were assessment items that formed part of the Graduate Certificate in Australian Migration Law and Practice (Graduate Certificate), prior to this amendment instrument. The instrument is registered on the Federal Register of Legislation on 21 September 2021 and commenced on 22 September 2021. It is currently in force. To access the instrument, click here.
Immigration (Education) (Specification of temporary visas) Amendment Instrument (LIN 21/070) 2021, dated 12 September 2021, adds the Temporary Safe Haven (Class UJ), Subclass 449 (Humanitarian Stay (Temporary)) visa to the specified classes of temporary visas that a person must hold, or have applied for, to be eligible for the provision of English language tuition under the AMEP. The Australian government, in response to the humanitarian crisis in Afghanistan and to support and provide settlement assistance to the people entering from Afghanistan, who have been already granted or are expected to be granted Subclasss 449 visa, has added Subclass 449 (Humanitarian Stay (Temporary)) visa to the classes of temporary visa that provides for the English language tuition under the Australian Government’s Adult Migrant English Program (AMEP). This is applicable for the holders of Subclass 449 both offshore and onshore. The instrument is registered on the Federal Register of Legislation on 15 September 2021 and commenced on 16 September 2021. It is currently in force. To access the instrument, click here.
Compilation of Migration Regulations 1994, dated 30 September 2021, incorporates the amendments made by Migration Amendment (Australian Agriculture Workers) Regulations 2021 [“the Regulations”], to introduce a new Australian Agriculture Worker (AAW) stream under the Subclass 403 Temporary Work International Relations visa, to provide for the overseas workers to enter Australia and to support the government objective to fill labour shortages in primary industry sector including horticulture, meat processing, dairy, wool, grains, fisheries including aquaculture and forestry. The amendments state that the visa applicants who are the participants of the Australian Agriculture Worker Program (the AAWP) and the visa applicants sponsored by an employer who is a participant of AAWP will be eligible for the Australian Agriculture Worker (AAW) stream under the Subclass 403 Temporary Work International Relations visa. Bilateral agreements with foreign countries, negotiated by the Department of Home Affairs and Trade will be the basis to enact AAWP. Only the visa applicants of a country who is a party to contract under the AAWP are eligible under this stream. The compilation is registered on the Federal Register of Legislation on 21 October 2021 and commenced on 30 September 2021. It is currently in force. To access the full compilation, click here.
Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021, dated 18 October 2021, lays down the general circumstances for extending the eligible period for restricted legal practitioners and also the details to be stated in the written notice of the decision made by MARA. The instrument specifies circumstances, for subsection 278A(7) of the Act, in which Migration Agents Registration Authority (MARA) may consider it reasonable to extend the eligibility period for an eligible person who has made an application under subsection 278A(4) of the Act by up to two years. These circumstances include: Employment, business, and volunteering commitments Financial circumstances Any attempt to secure a supervised legal practice placement on a full‑time basis for a two-year period Study commitments Family responsibilities Medical conditions Any other hardship that applies to applicants The eligible period is the period of 2 years after the person first held a restricted practicing certificate which may be extended by MARA for a period of up to 2 years. The Instrument also specifies, for subsection 278A(8) of the Act, the details to be included in the written notice of decisions by the MARA to grant or not to grant an extension of the eligible period. The notice of decision must include: Reasons for the decision Findings on material questions of fact relied upon in making the decision Reference to the evidence that the applicant’s circumstances warranted the time extension by the MARA The instrument is registered on the Federal Register of legislation on 21 October 2021 and commenced on 22 October 2021. It is currently in force. To access the instrument, click here.