Australian Government has announced the Priority Migration Skilled Occupation List that gives priority to certain occupations for Employer Nomination Scheme (ENS) visa and other work visa applications, including Temporary Skill Shortage (TSS) visa, Skilled Employer Sponsored Regional (Provisional) visa and Regional Sponsored Migration Scheme (RSMS) visa. The List identifies 17 occupations required to fill critical skills needs aimed at supporting Australia’s economic recovery from the pandemic. The Department mentions that the list is temporary and priority occupations may change as based on support that Australian business need to fill critical skills. As such, temporary visa holders who were ineligible to travel to Australia amid Covid restrictions, are eligible to travel if the occupation is on the list. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “Our priority is getting Australians back into work but we also need key health workers to help fight the virus and skilled migrants who are going to be job multipliers, to help the economy recover.” He also said, “Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.” To see the list of the 17 priority occupations, click here. The temporary visa holders are required to obtain a travel exemption from the Australian Border Force (ABF) prior to travelling to Australia.
Canberra opens Matrix to Canberra residents only. Invitation Round: 20 August 2020 26 Invitations issued to 457 visa / 482 visa holders. 145 invitations issued to Matrix nominating critical occupations. The next invitation round will be held on or before 01 September 2020. List of occupations for the Invitation Round is as below: Advertising, Public Relations & Sales Early Childhood (Pre-prim.) Teachers Finance Managers Occupational Therapists Construction Managers G P and Resident Medical Officers ICT Managers Registered Nurses Other Hospitality, Retail and Service ICT Business & Syst. Analysts Managers Software and Applications Prog. Accountants Capped Database and Systems Administrator Financial Investment Adv. Computer Network Professionals Human Resource Prof. ICT Support & Test Engineers Advertising & Marketing Prof. Solicitors Public Relations Professionals Psychologists Architects & Landscape Arch. Social Professionals Graphic, Web Designers & Illustrators Social Workers Civil Engineering Professionals Welfare, Recreation and Comm. Arts
Federal Government resumes citizenship testing and interviews in Perth, Sydney, Brisbane and Adelaide which were earlier suspended due to restrictions imposed in response to COVID-19 pandemic. With COVID-19 restrictions easing throughout Australia, the Councils are given a go-ahead to resume conducing the citizenship ceremonies in-person in accordance the public gathering limits put in place by the individual States and Territories,in addition to being conducted online. Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “More migrants can now continue to progress towards becoming Australian citizens, joining the record number of people who pledged their allegiance to Australia last year… We acted quickly to ensure citizenship ceremonies continued online when COVID-19 hit and we restarted in-person ceremonies in June.” According to sources, more than 1150 people have attended a citizenship appointment since they resumed in Perth on 06 July 2020.The Government is also expecting to resume appointments in Canberra, Hobart and Darwin throughout August.
As part of the national pilot program, the Government is testing the possibility of having International students return to Australia during the COVID-19 pandemic. The pilot aims to bring 300 students to a university in Adelaide in September to revive the higher education sector in Australia. The students are expected to fly from Singapore and will have to undergo a mandatory quarantine on arrival.Senator Birmingham said, “It's being done with the utmost safety requirements in place… We have successfully demonstrated, particularly states like South Australia, that they can return Australians from all corners of the world, safely quarantining them, and provide no exposure to the South Australian community in that process,so the same cautious and careful approach is being brought to bear when it comes to international students.” Previously, Australian Capital Territory (ACT) postponed the initiation of its pilot program to offer International students a safe passage into the country ‘until there is a clearer picture around the COVID-19 trajectory’ in light of the outbreak in Victoria.
The recent actions of a detainee in immigration detention, who was caught viewing and distributing images of child exploitation material on his mobile phone, has re-emphasised the need for granting mobile phone seizure powers to the authorised officers in immigration detention facility. Earlier, on 14 May 2020, the Government had introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth). The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture with the aim to regulate the possession of certain items to ensure that an immigration detention facility is a safe and secure environment for staff, detainees and visitors. The Bill also proposes to define prohibited things to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices for this purpose. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The case highlights why stronger laws are needed to allow Australian Border Force to search for and seize mobile phones from immigration detainees…Yet under current laws, officers are not legally able to search for or seize mobile phones, even if they know they are being misused. The current laws also prevent officers searching for and seizing items that are illegal, such as illicit drugs or extremist material.”
On 20 August 2020, South Australia announced that the State will publish state nomination requirements for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) on 27 August 2020, and accordingly will start reviewing ‘Expression of Interests’ (EOIs) from 31 August 2020 and sending invitations to submit an online application. Prospective applicants for General Skilled Migration will be able to lodge an Expression of Interest (EOI) through the Department of Home Affairs SkillSelect system, to support and prioritise State’s economic recovery. Similarly, the State will publish state nomination requirements for business migration, Subclass 188 and Subclass 132 visa nominations on 27 August 2020, and accordingly will start reviewing ‘Intention to Apply’ submissions from 07 September 2020 and sending invitations to submit an online application. On 11 August 2020, the State has received update regarding interim allocation places for General Skilled Migration and Business Migration program for the financial year 2020-2021 and will provide limited number of visa nominations until the delivery of the Federal Budget on 6 October 2020.
The Ministry of Customs, Community Safety and Multicultural Affairs has decided to establish an advisory group for a Migration Advice Industry, to provide expert advice to the Commonwealth Government on matters relating to migration, including potential reforms to the legislative framework which govern the migration industry. As part of providing expert advice to the Australian Government, the group may be required to: support the review of various Instruments related to Migration Agents undertaken by the Department of Home Affairs, including the Migration Act 1958, the Migration Agents Regulations 1998 (the Regulations) and related instruments provide expert advice to develop a world class migration advice industry in Australia including suggesting improvements to the current qualification standards, professional standards and addressing misconduct and unlawful activity assist in defining the strategy for engagement with the industry provide fair and frank advice on matters related to the efficient functioning and growth of the migration industry The group is to comprise 18 formal members from varied backgrounds including include migration agents (legal and non-legal), academics, community and the government sectors. The Government is seeking nominations for membership from experts with demonstrated practical experience in the migration advice industry. If you are interested in sending your nomination, submit the Nomination form here. The deadline to file the nominations is 5pm Friday, 4 September 2020. To read the full announcement, click here.
Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies work and areas for Subclass 462 (Work and Holiday) visa. The Instrument specifies and outlines the kind of work in fishing and pearling work and tree farming and felling work; tourism and hospitality work; plant and animal cultivation work and construction work; bushfire recovery work; critical COVID-19 work in the healthcare and medical sectors for the purpose of Regulation 1.15FA of the Migration Regulations 1994. Schedule 4 of the Instrument also specifies different areas of Australia for the purpose of various specified works. Bushfire recovery work as specified by the Instrument includes construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies kinds of work and places for the Working Holiday (Temporary) (Class TZ) (Subclass 417) visa. The Instrument specifies fishing and pearling work, tree farming and felling work, plant and animal cultivation work, construction work and mining work as specified work for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. The Instrument also specifies bushfire recovery work, including construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. Further, in light of the ongoing COVID-19 pandemic, the Instrument also specifies critical COVID-19 work in the healthcare and medical sectors, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. This includes work related to medical treatment, nursing, contact tracing, testing and research; and support services such as cleaning of medical and health care facilities and equipment. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
On 11 August 2020, announced that the State has received update regarding interim allocation places for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and Business Migration program for the financial year 2020-2021. The allocation is expected to be limited with priority being given to support State’s economic and public health recovery. With this background, the State is finalising the program requirements and application processes and expecting to open applications in late August 2020. The applications will be prioritised according to: Business Innovation and Investment Program applicants who have already lodged an ‘Intention to Apply’ Applicants employed in critical sectors to support South Australia’s response to the COVID-19 pandemic Consideration to onshore applicants who satisfy these criteria The State has also reaffirmed that the full nomination allocations will be determined during 2020-2021 Budget process, later in the year.