OMARA (Office of the Migration Agents Registration Authority) publishes its bi- annual Migration Agent Activity Report for the period 01 July 2019 to 31 December 2019 on its website. OMARA prepares half-yearly report on the provision of immigration assistance in Australia including information about Registered Migration Agents, complaint processing by the OMARA with their outcomes and sanction decisions made by the OMARA for the relevant period. According to the Report, Registered Migration Agents have lodged 80% of Temporary Skill Shortage Visa applications, 87% of Employer Sponsored Visa applications, 74% Business Skills Visa applications and 17% of Permanent Protection Visa applications. To access the full report, click here.
The Migration & Refugee Division of the AAT has issued COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”) in pursuance of Section 18B of the Administrative Appeals Tribunal Act 1975 (AAT Act) with effect from 29 April 2020 . Vide the Direction, changes have been made to the operations and procedures of AAT’s Migration & Refugee Division 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. As per sub-clause 1.3 of the Direction, it “applies to all applications, whether lodged before or after this date, and remains in effect until it is superseded or revoked.” Detailed COVID-19 Special Measures Practice Direction can be accessed here. To see Associated Factsheet released by the AAT, click here.
Australian Capital Territory (ACT) allows requests for waiver of the ‘continuous employment’ eligibility criteria for 491 / 190 Nominations for impacted applicants under the circumstances of travel ban, mandatory self-isolation requirement, business closures or reduced working hours in response to COVID-19. An applicant who is invited to apply for ACT 491 / 190 nomination may request for a COVID -19 waiver. This request must be made in writing and must be submitted along with supporting documentation as an attachment to the nomination application.
In South Australia, bridging visa holders hit by Section 48 bar will not be nominated for Subclass 491 visa if the application for state-nomination is submitted on or after 21 April 2020. Accordingly, the applicants are advised to submit the nomination application only when they “are able to lodge a valid visa application offshore”. The 491 applicants who are on bridging visa and had a visa refused or cancelled must notify Immigration SA of such refusals or cancellations if they have received invitation to lodge the visa application. Under these circumstances, the applicant is probably hit by Section 48 bar and accordingly is not eligible to lodge their state nominated visa application from Australia. Usually, the applicants would leave Australia to lodge their visa application from outside Australia and then return to Australia. However, due to current travel restrictions during COVID-19 pandemic, it is not possible for applicants who are temporary visa holders to return to Australia for the time being. Thus, they are not eligible to lodge the visa application. For nomination filed before 21 April 2020, Immigration SA will hold such applications until 30 June 2020, however, you must notify Immigration SA if you are unable to travel offshore to lodge a valid visa application.
Invitation date: 21 April 2020 ACT 190 Nomination – Invitations Issued: 171 All Matrix submitted: 95 to 70 points ACT 491 Nomination – No invitations were issued as there are sufficient 491 applications in the queue to meet the May 2020 monthly allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 08 May 2020.
Tasmanian Government brings relief to 26,000 temporary visa holders who are stuck in the state during COVID-19 (Coronavirus) pandemic. State Premier, Peter Gutwein, has announced AUD $3 million package to support people who demonstrate immediate financial hardship. Temporary visa holders have been recognised to be contributing to the state’s economy and it was “only fair” to offer support to these people in times of need. Visa holders mostly comprise fruit pickers, students and hospitality workers. The relief is expected to roll out in 4 phases: Phase 1: Eligible temporary visa holders may be able to claim relief of AUD $250 for individuals and AUD $1,000 for families. Phase 2: Emergency relief funds to non-governmental organisations (NGOs) that support temporary visa holders. Phase 3: Financial support to assist workers in returning to their home country when practical. Phase 4: Help employers retain workers in the state, if necessary. State Premier, Peter Gutwein said, “It’s important we support these people who’ve been working in our community earning an income and this package will take the steps necessary to do that”.
BMSQ (Business and Skilled Migration Queensland) prioritises to support key migration partners during COVID-19 to maintain strong relationships and ensure that Queensland Queensland’s economic competitiveness in the global markets is primarily driven by migrant investment and business opportunities. Thus, BSMQ representatives have taken initiatives to provide updates to international stakeholders/ partners on the current investment climate in Queensland and the current BSMQ criteria to attract foreign investments through the migration program.
Restrictions for Australians to Leave from Australia During COVID-19 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. Only if your travel falls under any of the below mentioned categories, you may be able to seek a travel exemption from the Commissioner of ABF (Australian Border Force) to be allowed to travel: To respond to the COVID-19 outbreak; To conduct critical industries and business; To receive urgent medical treatment (not available in Australia); To attend urgent and unavoidable personal business; To serve the national interest; For compassionate or humanitarian grounds. You should apply for an exemption at least 48 hours before your intended departure time by filling the online ‘COVID-19 (Novel coronavirus) request to travel form’. Without the exemption, you may not be allowed to travel.
Vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020, the Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass 408) program as the “visa of last resort”. We will be happy to assist clients if they need to apply for this to maintain their lawful status. The Department of Home Affairs has updated the online form for lodging an application for the COVID-19 Pandemic visa and accordingly, visa applicants who are not working in critical sectors will not be required to provide employment details. Only the applicants working in critical sectors must attach evidence of employment in their visa applications. The Department has also released related FAQs for the visa applicants which, interalia, provides that COVID-19 Pandemic visa may be valid for up-to 12 months.
We know that international students have work restrictions which comes down to 40 hours a fortnight. There is a change in that restriction as discussed by Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently. Especially at Aged care centres where international students are currently working , there will be a provision where these providers offer more hours to the students to ensure the care of senior and more vulnerable Australians is addressed. Similar flexibility will be provided to supermarket workers so that shelves are stocked up with essential items despite the fact there is shortage of workers. These measures will be administered by the Department and are offered to existing employees for the time being. However, Providers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees. These announcements elaborate existing temporary arrangements relaxing visa work conditions to the aged care sector, applying to both residential and home care.