Migration Agents Registration Application Charge Act 1997, as amended by Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020, assented to 22 June 2020, regarding payment of adjusted charge for providing non-commercial immigration assistance by Registered Migration Agents (RMAs), was compiled and registered on the Federal Register of Legislation on 22 October 2020. The amendment requires a Registered Migration Agent who has paid the non-commercial registration fee to pay commercial registration fee from the time they provide commercial immigration advice. The Act governs imposition of charge on registration applications to register as migration agents, and imposition of charge on basis of status of migration agent. The compilation is in effect from 15 October 2020 and thus, is currently in force. To access the full compilation, click here.
Migration Act 1954, as amended by Migration Amendment (Regulation of Migration Agents) Act 2020, assented to 22 June 2020, to remove unrestricted legal practitioners from the regulatory scheme that governs Registered Migration Agents (RMAs), was compiled and registered on the Federal Register of Legislation on 27 October 2020. The amendment contains provisions regarding the Australian legal practitioners providing immigration assistance, including transitional arrangements, registration periods, redundant provisions, requirement for applicants to provide further information, fees and charges, and other related amendments. Accordingly, it is unlawful for the Australian legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents with Office of the Migration Agents Registration Authority (OMARA).The compilation is in effect from 15 October 2020 and thus, is currently in force. To access the full compilation, click here.
On 29 October 2020, Skilled & Business Migration (South Australia) has announced changes to two of its Designated Area Migration Agreements (DAMAs) with the Australian Government, namely, Adelaide Technology and Innovation Advancement Agreement, and South Australian Regional Workforce Agreement. The Commonwealth Government has agreed to significant changes after the annual review, including: New occupations are added to focus on health care, manufacturing, high-tech sectors, agribusiness, and food production. Additional English language and age concessions are granted to visa applicants, offering a pathway to permanent residency through the Temporary Skill Shortage (Subclass 482) visa or the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa. South Australian Government is approved as a skills assessment authority for occupations that require a skills assessment and have no alternative skills assessment authority. The South Australian DAMAs are formal agreements between the Department of Home Affairs, representing the Australian Government, and the Department for Innovation and Skills, representing the South Australian Government. To access the full DAMA Occupation List, click here.
Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020 [“the Bill”] has been introduced in the House of Representatives on 29 October 2020 to amend the Immigration (Education) Act 1971, and to support migrants to learn Australia’s national language. The Bill proposes to expand eligibility for migrants to access English tuition to bridge the gap for migrants who have either exhausted their tuition hours without reaching the level of vocational English, or are ineligible for the program. The following changes are proposed by the Bill: 510 hours limit on person’s entitlement to English tuition be removed Upper limit for eligibility to access English tuition be amended to the higher level of vocational English, instead of functional English Statutory time limits for registering, commencing and completing English tuition be removed for specified persons English tuition to certain visa holders or prospective visa applicants be provided outside Australia The Bill is introduced in the Parliament for first reading. The provisions will not be in effect until the Bill receives the Royal Assent. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020 will see one of the most significant reforms to the Adult Migrant English Program (AMEP) in the program's history. It is the first part of the Morrison Government's three-part plan to make English tuition more accessible, ensure better quality outcomes and encourage greater participation.” To access the full text of the Bill, click here.
Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020 dated 21 October 2020 [“the Instrument”] determines the daily amount for the keeping and maintaining of a person in immigration detention at specified places for the specified period, in accordance with sub-section 262(2) of the Migration Act 1958 (Cth). The Instrument is registered on the Federal Register of Legislation on 26 Oct 2020 and has commenced on the day after registration, i.e. 27 October 2020. Accordingly, the daily maintenance amount of AUD $456.23, which has been brought down from previous amount of AUD $489.11, is specified for the period from the commencement date of the instrument until 30 June 2022. The places specified in the Instrument include the following detention centres and all other places as approved by the Minister in writing: North West Point Immigration Detention Centre (Christmas Island, WA) Perth Immigration Detention Centre (Redcliffe, WA) Villawood Immigration Detention Centre (Villawood, NSW) Yongah Hill Immigration Detention Centre (Northam, WA) Adelaide Immigration Transit Accommodation (Kilburn, S; Brisbane Immigration Transit Accommodation (Pinkenba, QLD) Melbourne Immigration Transit Accommodation (Broadmeadows, VIC) To access the full Instrument, click here.
Canberra Matrix open to Canberra residents only. 457 visa / 482 visa holders: 7 invitations ACT 190 nomination: 6 invitations ACT 491 nomination: 1 invitations Matrix nominating Critical Skill occupations: 72 invitations ACT 190 nomination: 72 invitations ACT 491 nomination: Nil invitations as interim allocation is met Invitations were not issued for an occupation if the monthly cap was met. The cap will reset in November. The next Canberra Matrix invitation round will be held on or before 30 October 2020.
On 20 October 2020, all Registered Migration Agents (RMAs) have received an email from Office of the Migration Agents Registration Authority (OMARA) with subject ‘OMARA update: Fact sheet – Removal of unrestricted lawyers from the OMARA regulatory scheme CRM:0033490’. The email circulates a factsheet to address the changes brought by Migration Amendment (Regulation of Migration Agents) Act 2020 [“the Act”]and the misinformation that has been circulating in the industry regarding removal of unrestricted legal practitioners who will be removed from the regulatory regime governing RMAs effective 22 March 2021. The Act makes it unlawful for the Australian legal practitioners with Unrestricted Practicing Certificates to be registered as RMAs with the OMARA after its commencement. For more information, visit OMARA website: www.mara.gov.au.
The Department of Home Affairs have released information on 15 October 2020 under Freedom of Information request (FOI) providing information on Subclass 186 Employer Sponsored Scheme (ENS) Visa applications by occupation for the period between 01 August 2020 and 30 September 2020. According to the information, the following number of 186 visa applications were granted during the above period: Status August 2020 September 2020 Total Visa Applications (Client Within Australia) 608 441 1049 Visa Applications (Client Outside Australia) 18 24 42 Some of the occupations for which the visa was granted to applicants outside Australia include: Engineering Manager, Mechanical Engineer, University Lecturer, Registered Nurse, Software Engineer, and Metal Fabricator. For more information on the occupations, click here.
The Department of Home Affairs have released information on 16 October 2020 under Freedom of Information request (FOI) providing information on Subclass 189 Skilled Independent Visa applications by occupation on hand as at 30 September 2020 and the number of visas granted for the period from 01 September 2020 to 30 September 2020. According to the information, the following number of 189 visa applications on hand where client location is inside and outside of Australia, and visa granted during the above period: Status Total Visas Visa Applications (Client Within Australia) 2,201 Visa Applications (Client Outside Australia) 1,066 Visa Applications Granted 92 Some of the occupations for which the visa was granted include: Accountant, Civil Engineer, Food technologist, Physiotherapist, Midwife, Registered Nurse, Software Engineer, and Social Worker. For more information on the occupations, click here.
On 17 October 2020, the Government announced its plans to prepare Australia for safe reopening of global travel to the world by introducing a digital system to replace the Incoming Passenger Card and support quick and secure collection of incoming passenger information. As per the announcement, Australia-bound travellers will be required to new Digital Passenger Declaration on their electronic devices to enable faster contact tracing as part of efforts to control the spread of COVID-19. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “Today’s announcement is a major step forward in delivering that vision, whilst having the benefit of building a strategic, foundational platform for our whole of government ICT architecture…Our goal is for people and businesses to access government services as easily as they can and with as little intervention as possible, just like when you do online shopping or banking. The new Digital Passenger Declaration will do just that and help us re-open borders in a safe and responsible way.” To know more about the Permissions Capability, visit the Department’s website here.