On 26 July 2020, South Australian Government has announced that its Skilled and Business Migration programs will remain closed until further notice. Accordingly, the State nominations are closed until the nomination quotas are allocated by the Commonwealth Government for the 2020-2021 program year. Previously, the State had announced that the Skilled and Business Migration programs will remain closed until August 2020 in South Australia. With this announcement, the migration programs will remain closed until further notice in the State.
The Department of Home Affairs acknowledges multiple reports of scams involving impersonations of the Department that have been reported to ACCC’s (Australian Competition & Consumer Commission) Scamwatch, and recommends to stay alert and report the scams. ACCC Deputy Chair, Delia Rickard said, “Scammers are increasingly taking advantage of the financial difficulties and uncertainty generated from the COVID-19 pandemic to trick unsuspecting Australians…We are seeing two main types of scams impersonating government departments; fake government threats and phishing scams.” Usually, the victims receive a fake robocall pretending to be from a government department, such as the Department of Home Affairs, and the scammers try to scare and threaten people into handing over money. In the current year so far, 2,016 scams involving Department of Home Affairs impersonations have been reported, with losses amounting to over AUD $99,000. To report a scam on ACCC website, click here
In financial year 2019-2020, a record number of 204,817 people were conferred Australian citizenship, an increase of over 60 per cent from the previous financial year, where 127,674 people were conferred Australian citizenship in 2018-2019. In light of the ongoing COVID-19 pandemic, the Government has conferred citizenship to more than 60,000 people through online ceremonies, while small in-person ceremonies have also resumed since 03 June 2020. The top nationalities of people who were conferred citizenship are India (38,209), United Kingdom (25,011) and China (14,764). Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “When someone becomes a citizen, they make a pledge to uphold Australia’s rights, liberties, laws and democratic values. It represents a willingness to integrate into our successful multicultural nation…Being an Australian citizen is an immense privilege, which brings both rights and responsibilities. I congratulate all those who have taken this important step.” According to the Department of Home Affairs, more than 5 million people have become Australian citizens since the introduction of concept citizenship in Australia in 1949 vide the erstwhile Nationality and Citizenship Act 1948 (Cth).
Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020 dated 24 July 2020 [“the Instrument”] specifies additional classes of persons applying for a Student Visa (Subclass 500) to whom the nil VAC (Visa Application Charge) applies. The Instrument provides that international students who held a valid Subclass 500 visa on or after 01 February 2020 will pay nil VAC while re-applying for a further Subclass 500 visa to complete their study if they were unable to complete it within the original visa validity due to the COVID-19 pandemic. Thus, current or recent students whose studies were affected by COVID-19 pandemic and their family members (combined applicants) have been included as the 2 new classes of persons to whom the nil VAC applies, in addition to the previously existing 7 classes. The Instrument repeals the previous Migration (LIN 20/099: Classes of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020 dated 24 February 2020. Further, the Instrument is registered on the Federal Register of Legislation on 29 July 2020 and as per Section 2 of the Instrument, it commences on the day after registration and accordingly, is in effect now. To access the full Instrument, click here.
On 10 July 2020, the Victorian Government has announced AUD $534 million economic survival and jobs package to support businesses and workers in the State. This is in addition to previously announced assistance of AUD $1.7 billion and other range of government assistance including support for job seekers and renters, setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours, relief payments for temporary visa holders, support for multi-cultural and multi-faith families, and public housing support. The ‘Support for Businesses’ package includes: Refund of full payroll tax to small and medium-sized businesses for the Financial Year 2019-20. Defer payment of payroll tax by small and medium-sized businesses until 1 January 2021 for the tax of first three months of the Financial Year 2020-20 2021. Connect businesses that need staff with prospective workers through the ‘Working for Victoria’ initiative. Access to Business Support Fund to support the hardest hit sectors and other small businesses. Access free online courses, live and on-demand events and other business resources through the ‘Upskill My Business’ initiative. Financial support to tourism operators affected by temporary lockdowns due to COVID-19 through the ‘Tourism Accommodation Support Program’.
To facilitate travel exemptions in response to travel restrictions due to COVID-19, the Department has created a dedicated portal, the Travel Restriction Exemption Portal, to seek a travel exemption from the from the Commissioner of ABF (Australian Border Force) for travelling to, or out of Australia. While temporary visa holders may still be able to leave Australia and go back to their home country where practical, the Government has imposed overseas travel restrictions on Australian citizens and permanent residents to leave from Australia, who may be able to seek a travel exemption from the ABF Commissioner to be allowed to travel. A person affected by the current COVID-19 travel restrictions are eligible to apply for the exemption and include: Immediate family members of an Australian citizen or permanent resident (being spouses, de facto partners, dependent children and legal guardians) New Zealand citizens usually resident in Australia Persons having a compelling or compassionate reason to travel to Australia urgently, including critical skills and medical emergencies Persons believing they meet the departure travel restriction exemption. The departure travel restriction exemption allows travel only if your travel relates to respond to the COVID-19 outbreak, conduct critical industries and business, receive urgent medical treatment, attend urgent and unavoidable personal business, serve the national interest, or for compassionate or humanitarian grounds. A person seeking a travel exemption is required to submit a request at least 4 weeks, but not more than 3 months, prior to travel.
In a recent joint media release, the Government acknowledges that International students are important to Australia and to the Australian economy. In response to the impact of COVID-19 Pandemic, the Government announces changes to the student visa arrangements to ensure that ‘international students are not worse off due to the coronavirus pandemic’ and Australia remains a priority study destination. The five key changes include: Recommencing the grant of student visas lodged outside Australia to enable students to make travel arrangements as soon as the border reopens. Waiving off a further student visa application fee for International students who were unable to complete their studies within their original visa validity due to COVID-19. Counting online study undertaken by current student visa holders outside Australia due to COVID-19 towards the Australian study requirement for a post-study work visa. Making the graduates holding a student visa eligible to apply for a post-study work visa outside Australia if they are unable to return to Australia due to COVID-19. Giving additional time to the applicants for providing English language results where access to these services has been disrupted due to COVID-19. The Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Hon Alan Tudge MP, said, “These measures back the international education sector – our fourth largest export sector – and will assist its recovery.” These changes will come into force upon making relevant legislative changes and are currently not applicable.
The Arrangements for Child Visa Applications 2016/051 was amended vide the Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 dated 15 July 2020. Accordingly, a compilation of the Arrangements for Child Visa Applications 2016/051 incorporates the amended text of the law and is in force from 17 July 2020, registered on 22 July 2020. The compilation incorporates the amendment to a drafting error, where the option for an application for visa Subclass 445, for a dependent child outside Australia to be made outside Australia, was removed vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020. After the amendment, an application by a dependent child of a visa holder of Subclass 309, 310, 445, 820 or 826 visa outside Australia can be made through Form 918. To access the compilation of the Arrangements for Child Visa Applications 2016/051, click here.
The Australian Citizenship Regulation 2016 made under the Australian Citizenship Act 2007 (Cth) was amended to incorporate the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 dated 11 June 2020 and the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020 dated 19 March 2020. Accordingly, a compilation of the Australian Citizenship Regulation 2016 incorporates the amended text of the law and is in force from 01 July 2020, registered on 22 July 2020. The Government vide the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 dated 11 June 2020 increased the surcharge for payments by credit cards and PayPal for certain fees and charges collected under the Australian Citizenship Act 2007 (Cth), the Customs Act 1901 (Cth), and the Migration Act 1958 (Cth). Accordingly, payments by credit cards and PayPal for fees and charges, including visa application charges (VAC), sponsorship and nomination fees, and citizenship-related fees will be charged at 1.4% for payments by credit cards, an increase from previous 1.32%, and 1.01% for payment by PayPal, a slight increase from previous 1%. To access the compilation of the Australian Citizenship Regulation 2016, click here.
Recently, in Victoria, the Assistant Minister for Customs, Community Safety and Multicultural Affairs, Jason Wood met with representatives from various cultural backgrounds, and heard of the challenges faced by multicultural communities and their resilience during the ongoing COVID-19 pandemic. Mr Wood said, “At this time it’s vital to understand the concerns of multicultural community leaders, particularly about the ongoing impact of the coronavirus on migrants and visa holders.” He also said, “The cooperation and resilience displayed by communities during this challenging times is inspiring and a testament to Australia’s multicultural success story…I look forward to ongoing engagement and collaboration with multicultural communities to safely navigate and recover from the COVID-19 pandemic.”