Compilation of Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 14 May 2021 [“the Compilation”] incorporates the amendments made by Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 dated 01 December 2020 [“the Instrument”]. The Instruments amends Schedule 2 criteria for Subclass 408 visa to include applicants who work in the tourism and hospitality sector to be eligible to make an application for a Subclass 408 visa, if they held a substantive temporary visa that is 90 days or less from expiring. The Compilation reflects these changes in Para 8(3) of Part 2 and as such, the first instalment amount of the visa application charge is nil for such eligible applicants. The Compilation is registered on the Federal Register of Legislation on 28 May 2021 and commenced on 14 May 2021. This changes apply to an application for a Subclass 408 visa that is either made on or after 14 May 2021 or made before 14 May 2021 but not finally determined. To access the full Compilation, click here.
Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument (LIN 21/018) 2021 dated 13 May 2021 [“the Instrument”] inserts a new class of applicants who are exempted from the primary criterion of minimum amount of taxable income requirements for Skilled Independent (Subclass) 189 visa and outlines the evidence required for this purpose. The Instrument sets outs the minimum amount of income for an income year for paragraph 189.233(1)(a) of Schedule 2 to the Migration Regulations 1994 (“the Regulations”)and the conditions in which an applicant will be exempted for subparagraph 189.233(1)(b)(i) of Schedule 2 to the Regulations. It specifies the minimum amount of taxable income for 2019-20 and 2020-21 year as AUD $53,900 to ensures that New Zealand citizen applicants who otherwise may have met but currently are unable to meet the income threshold requirements for the 2019-20 income year, as the economic consequences of COVID-19 pandemic, continue to maintain eligibility to apply for a Subclass 189 visa. The Instrument is registered on the Federal Register of Legislation on 19 May 2021 and commenced on 31 May 2021. It is currently in force and applies to visa applications made on or after 31 May 2021 and the applications made before 31 May 2021 but not finally decided. To access the Instrument, click here.
Invitation Round: 01 July 2021 457 visa / 482 visa holders: 06 invitations ACT 190 nomination: 6 invitations ACT 491 nomination: 0 invitations Matrix nominating Critical Skill occupations: 106 invitations ACT 190 nomination: 42 invitations ACT 491 nomination: 64 invitations Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in July 2021. The next Canberra Matrix invitation round will be held on or before 14 July 2021.
The Department of Home Affairs has published the June 2021 edition of the Skilled Visa Newsletter on their website. After the April 2021 edition, this edition brings update on the following topics: Migration Program Skill stream 2021-22 Updates to the Priority Migration Skilled Occupation List (PMSOL) Business Innovation and Investment Program (BIIP) Business Innovation and Investment Program changes Documentation required for Business Innovation and Investment Program Global Talent (subclass 858) visa program Pathways in the Global Talent (subclass 858) visa program Global Talent pathway requirements Global Talent pathway invitation validity Nominator requirements Employer Sponsored Visa Program Jurisdictional Error claims Assistance with matters of interpretation of legislation or assessment of evidence Quality of Applications Annual Market Salary Rate (AMSR) Refund Refusals Sponsorship Applications Pending TSS visa applications for approved critical sector travel exemptions Babies born onshore Authorised Recipients following AAT remits Labour Agreements Important information on sponsorship obligations for Labour Agreement holders Requirements of a Labour Agreement Information to provide the Department regarding use of labour hire companies Change to ‘reliance on overseas workers’ assessment criterion Skilled Independent (New Zealand Stream) (subclass 189) visa COVID-19 Income Exemptions To access the full newsletter, click here.
The Department of Home Affairs vide their email dated 25 June 2021 with subject line “Upcoming changes to BVE lodgement processes (removal of BVE lodgement method by email)” has informed all registered migration agents that Bridging (Class WE) Visa E (BVE) applications submitted by email will no longer be accepted from 01 July 2021. The Department has notified that from 01 July 2021, eligible BVE applicants should submit their applications online through ImmiAccount. Any application received by the Department email on or after 01 July 2021 will be invalid.
Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 dated 22 June 2021 [“the Instrument”] specifies the approved form and place and manner of making bridging visa applications. The Instrument specifies the requirements for Bridging A, Bridging B, Bridging C, Bridging D, Bridging E and Bridging F visas. It also specifies additional place and manner for making Bridging E (Class WE) visa (BVE) application in paper form 1005 or 1008 for the purpose of paragraph 1305(3)(a) of Schedule 1 to the Migration Regulations 1994. As such, an application for Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax or email, and must be submitted online through ImmiAccount. However, an application using paper form 1005 or 1008 can be made by post to an office of immigration or in person. The Instrument is registered on the Federal Register of Legislation on 29 June 2021, commenced on 01 July 2021 and is currently in force. To access the full Instrument, click here.
Migration Amendment (Visa Application Charges) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend Schedule 1 of the Migration Regulations 1994 to prescribe new Visa Application Charge (VAC) for various visa classes. The amendments are made as a consequence of the 2017-18 Budget Measure Indexation of visa application charges and 2020-21 Budget Measure Migration Program. As such, the VAC for the following visas has been revised: Business Skills (Migrant) Class AD Child (Migrant) Class AH Child (Residence) Class BT Confirmatory (Residence) Class AK Distinguished Talent (Residence) Class BX Employer Nomination (Permanent) Class EN Regional Employer Nomination (Permanent) Class RN Special Eligibility Class CB Other Family (Migrant) Class BO Other Family (Residence) Class BU Parent (Migrant) Class AX Aged Parent (Residence) Class BP Partner (Residence) Class BS Return (Residence) Class BB Partner (Migrant) Class BC Contributory Parent (Migrant) Class DG Contributory Aged Parent (Residence) Class BE Skilled (Residence) Class VB Skilled – Independent (Permanent) Class SI Skilled – Nominated (Permanent) Class SN Business Skills (Provisional) Class EB Extended Eligibility (Temporary) Class TK Investor Retirement Class UY Medical Treatment (Visitor) Class UB New Zealand Citizen (Family Relationship) Class UP Prospective Marriage (Temporary) Class TO Resident Return (Temporary) Class TP Retirement (Temporary) Class TQ Contributory Parent (Temporary) Class UT Contributory Aged Parent (Temporary) Class UU Student (Temporary) Class TU Skilled (Provisional) Class VF Skilled (Provisional) Class VC Skilled – Regional Sponsored (Provisional) Class SP Temporary Work (Short Stay Specialist) Class GA Temporary Work (International Relations) Class GD Visitor Class FA Temporary Activity Class GG Training Class GF Sponsored Parent (Temporary) Class GH Temporary Skills Shortage (Class GK) visas Class GK Skilled Work Regional (Provisional) (Class PS) Class PS Skilled Employer Sponsored Regional (Provisional) Class PE Bridging B Class WB Refugee and Humanitarian Class XB The amendments of the Regulations apply in relation to visa applications made on or after 01 July 2021. The Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and are currently in force. To access the full amendment, click here.
Migration Amendment (Merits Review) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend the Migration Regulations 1994 to prescribe 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 4.13B, 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 Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 26 June 2021 and are currently in force. To access the full amendment, click here.
Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021 dated 22 June 2021 [“the Instrument”] amends criteria for Subclass 417 (Working Holiday) visa and Subclass 462 (Work and Holiday) visa applicants to specify the class of persons for whom Visa Application Charge (VAC) amount is nil. The Instrument amends subparagraph 1225(2)(a)(i) and subparagraph 1224A(2)(a)(i) of Schedule 1 to the Migration Regulations 1994 to specify nil VAC for applicants whose last held visa is a COVID-19 affected visa and the applicant has not made an application for another Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa, as the case may be, for which the VAC amount was nil, that is not finalised or has been refused. The meaning of COVID-19 affected visa is governed by Regulation 1.15P. The Instrument is registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and is currently in force. To access the full Instrument, click here.
Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 dated 24 June 2021 [“the Regulations”] amend the Migration Regulations 1994 and the Australian Citizenship Regulation 2016 to make changes to the criteria and conditions of Business Innovation and Investment Program and working holiday maker visas. It also changes the citizenship fees for applications received by the Department on or after 01 July 2021. The Regulations comprise seven schedules, including amendments to Business Innovation and Investment Program, Working holiday maker visas, Bridging visa amendments, manner of reporting on arriving overseas passengers and crew members, changes to citizenship fees, payment of citizenship fees in foreign currencies, and relevant application, saving and transitional provisions. Regarding Business Innovation and Investment Program, it also includes revised conditions and number of points for Investor experience qualifications—Investor stream only, financial asset qualifications and business turnover qualifications. The Regulations are registered on the Federal Register of Legislation on 25 June 2021, commenced on 01 July 2021 and are currently in force. To access the full amendment, click here.