NSW has announced that the applications for State’s nomination for Business and Skilled Migration Program 2021–22 can now be made online. While the applications for NSW nomination for Subclass 188 (Business Innovation and Investment) visa remain closed pending announcement of new nomination criteria, the applicants can still apply for Permanent and Extension Business and Investor visas. The Permanent and Extension Business and Investor visas include: Business Talent (Permanent) visa (Subclass 132) – Significant Business History stream Business Innovation and Investment (Permanent) visa (Subclass 888A) – Business Innovation stream Business Innovation and Investment (Permanent) visa (Subclass 888B) – Investor stream Business Innovation and Investment (Permanent) visa (Subclass 888C) – Significant Investor stream Business Innovation and Investment (Permanent) visa (Subclass 888E) – Entrepreneur stream Business Owner (Permanent) visa (Subclass 892) Investor (Permanent) visa (Subclass 893) Investor Retirement visa (Subclass 405) – Rollover In addition, the State is expected to announce NSW Skilled Occupation lists for the 2021-22 financial year for the skilled visas, both the Skilled Nominated (Permanent) Subclass 190 visa and Skilled Work Regional (Provisional) Subclass 491 visa.
South Australia has announced that the applicants for State’s Skilled Migration Program 2021-22 will get access to a direct online application system to apply for state nomination, for the Skilled Nominated subclass 190 visa and the Skilled Work Regional subclass 491 visa, from 20 July 2021, 8am. The skilled migrants must meet both, the visa criteria as defined by the Department of Home Affairs criteria and South Australia’s state nomination requirements, for the approval of nomination by South Australia. The State has also set priority streams for the skilled migration program to include: Talent and Innovators Program to contribute to priority growth industry sectors Applicants currently working in South Australia (including long-term residents) International Graduates of South Australia, who are currently working in their nominated or closely related occupation for the last 3 months Offshore Registration of Interest in Critical Skills in specific trade and health occupations To access South Australia’s full occupations list and requirements, click here.
Western Australia has announced changes to the State’s Skilled Migration Program 2021-22 on 05 July 2021 to update the Western Australian Skilled Migration Occupation List (WASMOL). It expands the occupation lists available for Western Australia State nomination through the General stream to include a Schedule 1 and Schedule 2 list and adding those occupations that are considered a priority for the State. The WASMOL is available to applicants who intend to use the General Stream WASMOL Schedule 1 or the General Stream WASMOL Schedule 2. According to the updated requirements, an applicant who intends to use the General Stream WASMOL Schedule 2 must: Meet the visa criteria for the intended visa subclass (i.e. the Skilled Nominated subclass 190 visa or the Skilled Work Regional subclass 491 visa) as defined by the Department of Home Affairs, Have a full time employment contract for at least 12 months in Western Australia in the nominated occupation or in closely related occupation, and Meet the minimum English requirements for the chosen occupation. For the applicants with an occupation on the WASMOL Schedule 1, the existing requirements for the General stream will apply. To access the full occupations list, click here.
The Department of Home Affairs has made major changes to the Skilled Migration Program (2021-2022) of Victoria and has provided Victoria with 3,500 places for Subclass 190 Skilled Nominated Visa and 500 places for Subclass 491 Skilled Work Regional (provisional) Visa. The program is open to new Registrations of Interest (ROI) from 07 July 2021. Major modifications to the Skilled Migration Program this year: No minimum experience and hours worked requirement. Expansion in the list of target sectors to include health, medical research, life sciences, digital, agri-food, advanced manufacturing and new energy, emissions reductions and circular economy. An applicant for skilled 190 visa nomination must have STEMM (science, technology, engineering and mathematics) skills and a Skill Level 1 or 2 occupation. An applicant for skilled work regional 491 visa nomination must have STEMM skills and may also have a Skill Level 3 occupation. For applicants who have submitted an interest in previous year’s program and were not selected, must submit a new ROI in the current program year.
Compilation of Migration (IMMI 15/100: Complying Investments) Instrument 2015 dated 01 July 2021 incorporates the amendment made by Migration (Complying Investments) Amendment Instrument (LIN 21/041) 2021 dated 24 June 2021 [“the Instrument”] specifying the scope and requirements of complying significant investments (Reg 5.19C of Migration Regulations 1994) of a minimum total amount permitted for certain streams for Business Innovation and Investment (Provisional) visa Subclass 188 and Business Innovation and Investment (Permanent) visa Subclass 888 under Australia’s Business Innovation and Investment Program (BIIP). The Instrument specifies the requirement to make a complying significant investment and increased the minimum total amount of investment for the investor stream to $2,500,000, which was previously $1,500,000. It outlines required allocations for an eligible investment to at least 20% or 30% of the total investment, as the case may be, for venture capital funds and emerging companies investments. The Instrument also prescribes the requirement for the venture capital fund investment to be minimum 20% of the total investments and replaces the absolute dollar amount of AUD $500,000 for the same and also reduces the time to 6 months from 12 months, to enter into an agreement with the general partner for venture capital funds, after the visa is granted to the investor. Furthermore, the Instrument closes three underperforming streams, including the Premium Investor stream under Subclass 188 from 01 July 2021. However, complying premium investment continues to apply to applicants for a Subclass 888 visa who hold a Subclass 188 visa in the Premium Investor stream that was granted or applied for before 01 July 2021 and not for the Subclass 188 when the Premium Investor stream is closed. The Compilation is registered on the Federal Register of Legislation on 14 July 2021 and commenced on 01 July 2021 and is currently in force. To access the full Compilation, click here.
Compilation of Migration Regulation 1994 dated 26 June 2021 incorporates the amendments made by Migration Amendment (Merits Review) Regulations 2021 prescribing increased fee for review of visa decisions (including sponsorships and nominations decisions), except the protection visas decisions, by the Administrative Appeals Tribunal (AAT). Accordingly, pursuant to regulation 4.13(1) of the Migration Regulations 1994, the prescribed AAT fee is fixed at AUD $3,000 for applications, an increase from the previous fee of $1,826. In accordance with regulation 4.13A and 4.13B, the fee is not to be increased on 01 July 2021 and the amendment applies in relation to an application for review made on or after 01 July 2021. The Compilation is registered on the Federal Register of Legislation on 09 July 2021 and commenced on 26 June 2021 and is currently in force. To access the full Compilation, click here.
On 22 June 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs made an announcement to add 22 new skilled occupations on the Priority Migration Skilled Occupation List (PMSOL) to ensure that critical skills vacancies are filled in Australia in support of Australia’s COVID recovery plan. The new occupations on the Priority List are: Accountant (General) (ANZSCO 221111) Accountant (Management) (ANZSCO 221112) Accountant (Taxation) (ANZSCO 221113) Analyst Programmer (ANZSCO 261311) Cartographer (ANZSCO 232213) Chef (ANZSCO 351311) Civil Engineer (ANZSCO 233211) Electrical Engineer (ANZSCO 233311) External Auditor (ANZSCO 221213) Geotechnical Engineer (ANZSCO 233212) ICT Security Specialist (ANZSCO 262112) Internal Auditor (ANZSCO 221214) Medical Laboratory Scientist (ANZSCO 234611) Mining Engineer (ANZSCO 233611) Multimedia Specialist (ANZSCO 261211) Orthotist / Prosthetist (ANZSCO 251912) Other Spatial Scientist (ANZSCO 232214) Petroleum Engineer (ANZSCO 233612) Software and Applications Programmers (ANZSCO 261399) Structural Engineer (ANZSCO 233214) Surveyor (ANZSCO 232212) Transport Engineer (ANZSCO 233215) With the addition of 22 occupations, the PMSOL consists of 41 skilled occupations in total. Visa holders sponsored in these 41 occupations are now eligible to travel to Australia on temporary visa. To access the full Priority List, click here.
Migration Amendment (Tabling Notice of Certain Character Decisions) Act 2021 [“the Act”] amends the Migration Act 1958 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 Act 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 Act received the Royal Assent on 24 May 2021 and was registered on the Federal Register of Legislation on 26 May 2021. The provisions of the Act commenced from 25 May 2021 and are currently in force. To access the full Act, click here.
Migration Amendment (Clarifying International Obligations for Removal) Act 2021 [“the Act”] amends the Migration Act 1958 to clarify that the duty to remove under the Migration Act should not be enlivened which would result in breach of non-refoulement obligations, as identified in a protection visa assessment process, including Australia’s obligations, and related amendments to the Intelligence Services Act 2001. The Act inserts a new section 36A which lays down provisions for consideration of protection obligations and making record thereof while considering a valid application for a protection visa made by non-citizen. Further, it substitutes subsection (3) of section 197C regarding the relevance of Australia’s non‑refoulement obligations to removal of unlawful non‑citizens under section 198. The Act also inserts a new section 197D which sets out the provisions relating to decision that protection finding would no longer be made in relation to unlawful non-citizen and new section 419 to specify the provisions when certain decisions on review must be made within the prescribed period. The Act received the Royal Assent on 24 May 2021 and was registered on the Federal Register of Legislation on 26 May 2021. The provisions of the Act commenced from 25 May 2021 and are currently in force. To access the full Act, click here.
Compilation of Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021 dated 27 February 2021 [“the Compilation”] incorporates the amendments made by Migration (Class of persons for Visitor (Class FA) visa nil VAC) Amendment Instrument (LIN 21/033) 2021 dated 23 April 2021 [“the Instrument”] clarifying the Visitor Visa Subclass 600 applicants to whom nil Visa Application Charge (VAC) is applicable. The Instrument omits the words “other than in the Frequent Traveller stream” for the purpose of Paragraph 4(c) of the Compilation. Paragraph 4 defines the following class of persons for nil VAC for purpose of subparagraph 1236(2)(a)(iv) of Schedule 1 of the Migration Regulations 1994: the applicant is outside Australia at the time of application; the application is made between 27 February 2021 and 31 December 2022; the applicant was previously granted a Subclass 600 visa, while outside Australia before 21 March 2020; that visa expired, or is expiring between 20 March 2020 and 31 December 2021; that visa was a multiple entry visa or a single entry visa not used to enter Australia; and if the applicant has made an application that is pending decision, after 27 Feb 2021. The Compilation is registered on the Federal Register of Legislation on 17 May 2021, commenced on 27 February 2021 and is currently in force. To access the full Compilation, click here.