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Updated Form 956 for Appointment of a Registered Migration Agent, Legal Practitioner or exempt person now available

Form 956 for Appointment of a Registered Migration Agent, Legal Practitioner, or exempt person, as updated in September 2021, is now available on the Department of Home Affairs website. The updated form enables the clients to end the appointment of the authorized representatives as an authorized recipients by completing the relevant declarations on Page 6 of the form. To access the updated form, click here.

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NSW Business Migration Program Update

NSW has announced that the applications for State’s nomination for Business Migration Program 2021–22 can be made online for Subclass 188 (Business Innovation and Investment) provisional visa. Eligible applicants must meet all the criteria, including State-specific requirements and the Department’s requirements are eligible to lodge an Expression of Interest (EOI) in SkillSelect in the following streams: Business Innovation and Investment (Provisional) visa (subclass 188A) – Business Innovation stream Business Innovation and Investment (Provisional) visa (subclass 188B) – Investor stream Business Innovation and Investment (Provisional) visa (subclass 188C) – Significant Investor stream For Business Innovation and Investment (Provisional) visa (subclass 188E) – Entrepreneur stream, the applicants cannot directly submit an EOI and instead must be invited to apply for NSW nomination before submitting an EOI. Once the applicants have received an invite, they are able to apply online for NSW nomination using this form, along with supporting documentation. To know more about NSW Business Migration Program and requirements, click here.

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South Australia opens Skilled Migration Program for Offshore Applicants

From 28 September 2021, South Australia’s State nominations for the Skilled Migration Program is open to offshore applicants in 70 occupations, as part of the State’s recovery in response to the Covid-19 pandemic. In addition, the applicants must meet the minimum work requirements in the occupation or closely related occupation and other requirements for the chosen occupation as well as demonstrate the least proficient level of English language. Overseas skilled migrants who meet all the criteria, including State-specific, requirements and the Department’s requirements are eligible to lodge a Registration of Interest (ROI) from 28 September 2021, 10 am, ACST onwards. The list of occupations open to offshore applicants is as below: To know more about the specific requirements for individual occupations, click here. Sales and Marketing Manager Advertising Manager Public Relations Manager Corporate Services Manager Human Resource Manager Policy and Planning Manager Research and Development Manager Customer Service Manager Human Resource Adviser Recruitment Consultant Management Consultant Organisation and Methods Analyst Liaison Officer Information and Organisation Professionals nec Advertising Specialist Market Research Analyst Marketing Specialist Public Relations Professional Technical Sales Representatives nec Grain, Oilseed or Pasture Grower Mixed Crop Farmer Vegetable Grower Crop Farmers nec Apiarist Beef Cattle Farmer Dairy Cattle Farmer Mixed Livestock Farmer Pig Farmer Poultry Farmer Sheep Farmer Livestock Farmers nec Mixed Crop and Livestock Farmer Construction Project Manager Project Builder Production Manager (Manufacturing) Supply and Distribution Manager Procurement Manager Child Care Centre Manager Environmental Manager Laboratory Manager Quality Assurance Manager Statistician Surveyor Other Spatial Scientist Agricultural Consultant Agricultural Scientist Food Technologist Conservation Officer Environmental Consultant Environmental Research Scientist Environmental Scientists nec Geologist Geophysicist Hydrogeologist Life Scientist (General) Biochemist Biotechnologist Botanist Marine Biologist Microbiologist Zoologist Life Scientists nec Medical Laboratory Scientist Veterinarian Conservator Metallurgist Meteorologist Physicist (non-medical) Exercise Physiologist Natural and Physical Science Professionals nec

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Canberra Matrix Invitation Round

Invitation Round: 20 September 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: 03 invitations ACT 190 nomination: 03 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 53invitations ACT 190 nomination: 09 invitations 190 minimum Matrix score: 110 (Accountants: 115) ACT 491 nomination: 44 invitations 491 minimum Matrix score: 65 (Accountants: 100) 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 29 September 2021.

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International students returning to NSW

As part of the easing of restrictions imposed in response to the ongoing Covid-19 pandemic and re-opening international borders, NSW Government has received approval from the Commonwealth Government to allow fully vaccinated international students to undertake travel to NSW as early as the end of this year under the pilot plan, as per the media announcement made on 24 September 2021. In the first phase, the pilot aims to bring back 500 international students to Australia by the end of the year, with having the travelers to quarantine for a 14-day period at the specified facility at Redfern. For this purpose, an accommodation provider named Scape has been identified which complied with COVIDSafe standards, as approved by NSW Health and NSW Police, and can accommodate up to 650 students. The plan is expected to expand and evolve as the local and global vaccination rates continue to rise. John Barilaro, Deputy Premier and Minister for Regional New South Wales, Industry and Trade said, “The international education sector sustains thousands of jobs across NSW, and I’m proud that NSW is leading the way with the return of international students to our shores…The safety of the people of NSW is paramount and we are taking no risks. All participating students will be required to be fully vaccinated with a TGA-recognised COVID-19 vaccine, and strict quarantine protocols will be in place…Importantly, this plan will not come at the expense of any Australian citizen or resident wishing to return home.”

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Compilation of Migration Act 1958

Compilation of Migration Act 1958dated 1 September 2021 incorporates the amendments made by Migration Amendment (Tabling Notice of Certain Character Decisions) Act 2021 to include provisions in relation to making certain character decisions by the Minister where the Minister must cause notice of the making of the decision to be laid before each House of the Parliament. The amendment inserts new provisions to subsection 501(4), namely subsection (4A) which requires the Minister to lay down before each House of Parliament notice of the making of certain character decisions in relation to a person under subsection 501(3) within 15 sitting days of that House after the day the decision was made; subsection (4B) which outlines the provisions where subsection (4A) is not applicable. Subsection 501(3) decisions are the decisions for visa refusal or visa cancellation on character grounds that the Minister makes personally in the national interest, without notice to the visa applicant or visa holder. The compilation was registered on the Federal Register of Legislation on 21 September 2021 and commenced from 01 September 2021 and is currently in force. To access the full compilation, click here.

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Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021

Migration (Specified courses and exams for registration as a migration agent) (Capstone provider) Amendment Instrument (LIN 21/044) 2021 dated 20 September 2021[“the Instrument”] specifies Legal Training Australia Pty Ltd as the new and sole prescribed provider for the Capstone assessment for the purpose of examination for registration as a migration agent from01 January 2021. The Instrument amends the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 since The College of Law Limited has ceased being the Capstone provider on 31 December 2020. Further, it removes the definition and references to the common assessment items relating to registration, i.e., assessment items under the Graduate Certificate in Australian Migration Law and Practice, which became redundant post 31 December 2018 as they were specified as a prescribed examination only until 31 December 2017. The Instrument in Part 3 also provides transitional provisions to clarify that the applicants who passed the Capstone offered by The College of Law on or before 31 December 2020 are able to apply for registration on that basis since they have 12 months after passing the Capstone to apply for registration. The Instrument is registered on the Federal Register of Legislation on 21 September 2021, commenced on 22 September July 2021, and is currently in force. To access the full Instrument, click here.

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Canberra Matrix Invitation Round

Invitation Round: 13 September 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: 03 invitations ACT 190 nomination: 03 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 50invitations ACT 190 nomination: 01 invitations 190 minimum Matrix score: 120 ACT 491 nomination: 49 invitations 491 minimum Matrix score: 65 (Accountants: 110) 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 23 September 2021.

Provisional) visa
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Western Australia Invitation Round

State Nominated Migration Program (SNMP) Invitation Date: 24 August 2021    Visa Subclass General Stream Graduate Stream   WASMOL Schedule 1 WASMOL Schedule 2 Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 81 985 147 20 ​Skilled Regional (Provisional) visa (Subclass 491) / Subclass 489 70 115 66 39   In 2021-2022, a total of 2195 invitations have been issued as of 31 August 2021:    Visa Subclass General Stream Graduate Stream   WASMOL Schedule 1 WASMOL Schedule 2 Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 146 999 379 38 ​Skilled Regional (Provisional) visa (Subclass 491) / Subclass 489 127 401 66 39 Total 2195  

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Compilation of Migration Regulations 1994

Compilation of Migration Regulation 1994 dated 30 July 2021 incorporates the amendments made by Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 to allow certain Temporary Sponsored Parent Visa (Subclass 870) holders an additional time of 18 months to travel to and stay in Australia once travel resumes after COVID-19 related travel restrictions are lifted. The Regulations also make changes in the relevant visa criteria to reflect the amendment. Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 extend subclass 870 visa period for 18 months, in addition to the period for which the visa was originally granted, for visa holders who were outside Australia on 01 July 2021, in order to limit the adverse impact of COVID-19 related travel restrictions and practical difficulties on holders of Subclass 870 visas. The Regulations also amend the criteria for making a valid application for the subsequent Subclass 870 Temporary Sponsored Parent Visa to provide that the total period of Subclass 870 visas already held by the applicant must be ‘less than 10 years, which was previously ‘not exceeding ten years. The Compilation is registered on the Federal Register of Legislation on 14 Sep 2021, commenced on 30 July 2021, and is currently in force. To access the full compilation, click here.