In South Australia, skilled visa nomination program for both the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) is closing for the program year 2019-2020 and accordingly, no new applications are being accepted from 28 June 2020 at 9pm ACST. South Australia will continue to process and assess the applications for skilled migration received prior to 28 June 2020. Any draft or incomplete application which is not submitted, including applications pending payment, will be deleted and the applicants will have to start afresh. The applicants who wish to apply, must wait till the applications are open for 2020-2021 program year.
The Government vide the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 [“the Regulations”] dated 11 June 2020 commencing 01 July 2020 increases 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%). The full text of the Regulations can be accessed here.
The Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 received the Royal Assent on 22 June 2020 and is now the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 [“theRegistration Act”]. The Registration Act amends the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Schedule 1 of the Registration Act 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 after six months from the day it receives the Royal Assent (22 June 2020) or earlier if a date is fixed by a Proclamation. The full text of the Registration Act can be accessed here.
The Migration Amendment (Regulation of Migration Agents) Bill 2019 received the Royal Assent on 22 June 2020 and is now the Migration Amendment (Regulation of Migration Agents) Act 2020 [“the Regulation Act”]. The Regulation Act amends the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, redundant provisions in Schedule 3, requirement for applicants to provide further information in Schedule 4, fees and charges in Schedule 5, and other amendment in Schedule 6. The Regulation Act makes it unlawful for the Australian legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents with OMARA after nine months from the day it receives the Royal Assent (22 June 2020) or earlier if a date is fixed by a Proclamation. The full text of the Regulation Act can be accessed here.
The Attorney-General’s Department vide the Government Notices Gazette C2020G00465 dated 09 June 2020 (“the Gazette”) has prescribed increased fee for the documents and services in the Federal Courts and Tribunals, including the Administrative Appeals Tribunal (AAT) effective from 01 July 2020. Accordingly, pursuant to paragraphs 4.13A and 4.31BA of the Migration Regulations 1994, the prescribed AAT fee is fixed at AUD $1,826 for applications that are: decisions other than protection visa, and reviewable decisions of Part 7 This is an increase from the previous fee fixed at AUD $1,787.
On 05 June 2020, Northern Territory (NT) announced changes to eligibility criteria for nomination under General Skilled Migration Program for Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Nominated Visa (Subclass 190) to take effect from 01 July 2020. To be eligible to apply to the General Skilled Migration Program, the applicant must meet: Requirements Subclass 491 and 190 visa, such as age requirement, points claim, English language requirement, skills assessment, and Northern Territory (NT) Government requirements. The changes are proposed in the Northern Territory (NT) Government requirements to include extra residency and employability requirements for NT International student graduates for a subclass 190 nomination, and other NT residents who wish to apply for an NT nomination. The current NT migration occupation list can be accessed here.
NSW skilled migration program is now open and accepting nomination applications for the Skilled Work Regional (Provisional) Visa (Subclass 491) until 5pm Friday, 26 June 2020. Skilled Work Regional (Provisional) visa allows the applicant to temporarily live and work in regional or low-population growth metropolitan area of Australia for up to 5 years. It is based on a points-based system and requires sponsorship by either a relative living in a designated area or a State/ Territory government. To be eligible to apply, the applicant must: Meet all the requirements Subclass 491 visa, such as age requirement, points claim, English language requirement Have an occupation that is on the current NSW regional skilled occupation list, and Be living in a designated regional area of NSW currently. Regional centres and other regional areas of NSW include areas with postcode: 2250 to 2258, 2260 to 2263, 2311 to 2490, 2527, 2536 to 2551, 2575 to 2739, 2753 to 2754, 2756 to 2758 and, 2773 to 2898. The current NSW regional skilled occupation list comprises 328 occupations, last updated on 09 December 2019, and can be accessed here.
The Migration & Refugee Division of the AAT has issued practitioner guide to virtual hearings using Microsoft Teams (“the Guide”) in furtherance of the COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”). The Guide outlines steps for preparing and participating in virtual hearing at the AAT using Microsoft Teams, including etiquettes to be followed by the practitioners during an audio and video hearing. Previously, the AAT had made changes to the operations and procedures including registry and lodgement of documents with signatures, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearing, and use of technology in response to COVID-19. Detailed practitioner guide to virtual hearings using Microsoft Teams can be accessed here.
In Victoria, skilled visa nomination program for both the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) is closed for the program year 2019-2020 and accordingly, no new applications are being accepted from 28 May 2020. Victoria will continue to process and assess the applications received prior to 28 May 2020 and will give priority to the critical sector occupations for the remaining nomination places in response to the challenges posed by the COVID-19 Pandemic. The applicants who wish to apply, must wait till the applications are open for 2020-2021 program year. The State Department will continue to accept nominations for Business Innovation – Extension only (Subclass 188A Extension), Significant Investor – Extension only (Subclass 188C Extension), Permanent Business Innovation (Subclass 888A), Permanent Investor (Subclass 888B), and Permanent Significant Investor (Subclass 888C).
The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Regulation Bill”] and the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 [“the Registration Bill”] were laid on the table of the Senate for third reading debate on 15 June 2020 and subsequently, were passed by the Senate on the same day. The Regulation Bill, popularly known as the ‘Deregulation Bill’, proposes amendment to the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs migration agents. Further, the Registration Bill proposes amendment to the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Until the Bills received the Royal assent to become a valid law, the provisions would not be in effect and accordingly, the immigration lawyers must remain registered with the OMARA. The text of the Regulation Bill as passed by both the Houses of Parliament can be accessed here.