Department of Home Affairs (DoHA) has prepared its Annual Report for the financial year ending 30 June 2020, in accordance with the Department of Finance’s Resource Management Guide No. 135 —Annual report for non-corporate Commonwealth entities, and published it on its website. Under Section 46(1) of the Public Governance, Performance and Accountability Act 2013, the Department is required to prepare an annual report. The Report consists of 7 Parts including an overview, annual performance statements, report on financial performance, financial statements, management and accountability, appendices and reference material. To access the full Report, click here.
In addition to indicating introduction of new requirement to learn English language for partner visa applicants and their sponsors from late 2021, the Government has also indicated some changes to the Partner visa framework to protect the visa applicants against family violence. These changes are aimed at countering family violence by assessing Partner visa sponsor against character and sponsorship obligations, which would need to have been approved before a Partner visa application can be made. In addition, the sponsors will be required to agree to their character checks, including information on charges and convictions of a violent nature, being shared with their partner before the visa application can be lodged. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “The changes build on existing provisions in Australia’s migration laws to allow provisional Partner visa or Prospective Marriage visa holders who experience family violence to continue with their permanent visa application even if their relationship breaks down.” The new English language requirements, where partner visa applicants and their sponsors will be required to meet functional English requirements or demonstrate that they have made reasonable efforts to learn English, also aim to support women and migrant families in Australia.
As part of the Federal Budget 2020-2021 delivered on 06 October 2020, the Morrison Government announced support in form of refunding Visa Application Charge (VAC) or granting waivers to International tourists and temporary visa holders to meet critical skills shortage in Australia. Visa holders who are eligible for this support include prospective marriage visa holders, temporary skilled workers, Pacific Labour Scheme and Seasonal Worker Programme visa holders, visitor visa holders, and working holiday makers, who have been unable to travel to Australia due travel restriction in place due to COVID-19 pandemic. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “Australia’s success in managing the COVID-19 pandemic and our economy, will continue to make Australia an attractive destination for tourists and temporary workers. These measures will reinforce that when our borders open up, Australia will remain a nation that welcomes and values our international visitors.”
Migration (LIN 20/166: Australian Values Statement for Public Interest Criterion 4019) Instrument 2020 dated 24 September 2020 [“the Instrument”] amends provision regarding values statement for specified subclasses of visas by repealing and replacing the Australian Values Statement for Public Criterion 4019 – 2016/113 (IMMI 16/113) dated 16 November 2016. The Instrument specifies 29 subclasses of visas in Table 1 of Schedule 1 for which Part 1 of Schedule 2 of the Instrument is approved as the values statement. Similarly, it specifies 37 subclasses of visas in Table 2 of Schedule 1 for which Part 1 combined with Part 2 of Schedule 2 of the Instrument is approved as the values statement. The changes are aimed at updating the language of the values statement to better reflect the values that are important to Australian community. The updated Part 2 of Schedule 2 provides, “I undertake to make reasonable efforts to learn the English language, if it is not my native language. I understand that, if in the future I meet the legal qualifications for becoming an Australian citizen and my application is approved, I will need to pledge my loyalty to Australia and its people.” According to Section 2 of the Instrument, it commences on 30 October 2020. To access the full Instrument, click here.
Migration (Collection of Registration Status Charge) Instrument (LIN 20/225) 2020 dated 06 October 2020 [“the Instrument”] amends provision for collection of registration status charge by repealing and replacing the Determination of the Collection of the Registration Status Charge (IMMI 14/027) dated 22 April 2014. Registration status charge is imposed upon a Registered Migration Agent (RMA) under Section 10 of the Migration Agents Registration Application Charge Act 1997, when the agent changes from providing immigration assistance on a non-commercial basis to a commercial basis. The Instrument determines when such charge becomes due and payable. According to Section 2 of the Instrument, it commences on 15 October 2020 and is applicable to registration application made by an agent on or after 15 October 2020. To access the full Instrument, click here.
Canberra Matrix open to Canberra residents only. 457 visa / 482 visa holders: 14 invitations 457 visa / 482 visa holders: 14 invitations ACT 491 nomination: 7 invitations Matrix nominating Critical Skill occupations: 91 invitations ACT 190 nomination: 85 invitations ACT 491 nomination: 6 invitations Invitations were not issued for an occupation if the monthly cap was met. The next Canberra Matrix invitation round will be held on or before 23 October 2020.
Migration Regulations 1994, as amended by Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 to provide assistance to temporary and provisional visa holders who have been affected by the COVID-19 pandemic due to travel restrictions or restrictions imposed on businesses, was compiled and registered on the Federal Register of Legislation on 07 October 2020. The amendment defines a concession period, termed as ‘the initial concession period’ commencing from 01 February 2020. The provisions regarding Subclass 887 (Skilled—Regional) visas, Subclass 888 (Business Innovation and Investment (Permanent)) visas, Subclass 790 (Safe Haven Enterprise) visas, and Subclass 485 (Temporary Graduate) visas, along with certain transitional provisions were also amended. These provisions are in effect from 19 September 2020 and accordingly, are currently in force. To access the full Regulations, click here.
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018, as amended by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas, was compiled and registered on the Federal Register of Legislation on 30 September 2020. Due to a transcribing error in the compilation, it was communicated that vacancies for the nominated occupations for certain skilled visas must be advertised on JobActive, in addition to one or more other advertisements. However, the error has been fixed and accordingly, sponsors who are considering nominating overseas skilled workers for employment on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa after 30 September 2020 are recommended to advertise the vacancies for the nominated occupations on JobActive, in addition to at least 2 other advertisements. To access the full compilation, click here.
Australian Citizenship Act 2007, as amended by Australian Citizenship Amendment (Citizenship Cessation) Act 2020 (No. 88, 2020) to update provisions regarding Citizenship renunciation and revocation and Citizenship cessation determinations, has been compiled and registered on the Federal Register of Legislation on 08 October 2020. The amendment incorporates new provisions regarding citizenship cessation determination for certain conduct, declared terrorist organisation, citizenship cessation determination for certain convictions, public interest in making or revoking citizenship cessation determinations, notice of citizenship cessation, determination that notice of citizenship cessation should not be given, revocation of citizenship cessation determination on application to Minister, revocation of citizenship cessation determination on Minister’s initiative, automatic revocation of citizenship cessation determination, and no resumption of citizenship if citizenship ceases under the above provisions. These provisions are in effect from 18 September 2020 and accordingly, are currently in force. To access the modified compilation of Citizenship Act, click here.
As part of the Federal Budget 2020-2021 announcement on 06 October 2020, the Government has indicated introduction of a new requirement to learn English language for partner visa applicants and their sponsors from late 2021. These changes are aimed towards maximising job prospects in Australia, and enhancing social cohesion. If legislative changes are made to this effect, new partner visa applicants and their sponsors will be required to meet functional English requirements or demonstrate that they have made reasonable efforts to learn English by various means, such as completing 500 hours of free English language classes through the Adult Migration English Program. Further, this requirement will apply at time of the permanent visa and not the provisional visa. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “While the ability to speak multiple languages is a great asset for an individual and for Australia, a person will struggle to fully participate in our society and democracy without basic English. These new measures will provide further opportunity for migrants and new citizens to maximise their opportunities in Australia.”