Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 20199 (F2019LO1401) Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 (F2019LO1449) LIN 19/209 operates to specify the approved form and the place and manner in which applications must be lodged for certain skilled and temporary graduate visas. A) Subclass 887 (Skilled – Regional) visa B) Subclass 189 (Skilled – Independent) visa C) Subclass 190 (Skilled – Nominated) visa D) Subclass 476 (Skilled – Recognised Graduate E) Subclass 485 (Temporary Graduate) visa F) Subclass 489 (Skilled – Regional (Provisional) G) Subclass 491 (Skilled Work Regional (Provisional) visa. The purpose of LIN 20/101 for LIN 19/209 is to update the place and manner of lodgment for applications for the Subclass 491 (Skilled Work Regional (Provisional)) visa in the Skilled Work Regional (Provisional) (Class PS) class of visa. This change ensures that all applicants can lodge a visa application in the same place and manner with no differentiation between primary and secondary applicants. It also provides a technical amendment to the item name of the class of visa due to a drafting error. LIN 19/211 operates to specify the requirements for making an application for a Subclass 494 visa. For the purposes of subitem 1242(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application. For the purposes of paragraph 1242(3)(a) of Schedule 1 to the Regulations LIN 19/211 also specifies the manner in which an application must be made and specifies for the purposes of subitem 1242(6) of Schedule 1 to the Regulations, the circumstances for when subitem 1242(5) of Schedule 1 to the Regulations does not apply to an application. The purpose of LIN 20/101 for LIN 19/211 is to update the definition of departmental email and repeal the definition of official departmental email address to provide clarity regarding an official departmental email address; and omit subsection 5(5) of the instrument and repeal the definition of subsequent applicant to ensure that all applicants for Subclass 494 (Skilled Employer Sponsored Regional (Provisional) (Class PE) class of visa, can lodge a visa application in the same place and manner with no differentiation between primary and secondary applicants.
Migration Regulations Schedule 2 of the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019 [F2019LO1653] amendments from 29 February 2020. Schedule 8 clause 8609 has been inserted. These changes apply to visa applications made on or after 29 February 2020 [Schedule 13 Part 88 Clause 8802]. This condition will remove the need to provide details not less than 2 working days before the change occurs. It also removes the requirement for the visa holder to provide a user name and online profile. The visa holder must now notify Immigration of a change to any of the following within 14 days after the change occurs. The visa holder’s name, residential address, email address, phone number and passport details. In the Subclass 600 Frequent Traveler Stream Schedule 8 clause 8609 has been inserted. [Schedule 2 600.615] In the Subclass 870 Long Stay Temporary Parent Schedule 8 Clause 8609 replaces 8550 [Schedule 2 870.611]
Minister Jason Wood attended the 2020 Immigration Law Conference on 06 March in his capacity as Assistant Minister overseeing the migration advice industry. The move to deregulate the migration advice industry has moved closer with the passing of The Regulation of Migration Agents Bill and the Migration Agents Registration Application Charge Amendment (Rates of Charge) in the House of Representatives in February. The Bills are expected to pass the Senate in the next sitting period scheduled for March 2020. The Bills will remove legal practitioners with unrestricted practising certificates from the present registered migration agents regulatory scheme. Transitional arrangements will be in place to ensure current and future legal practitioners with restricted practising certificates and migration agent qualifications can continue to be registered as migration agents for an eligible period of two years, with extension up to four years. OMARA will be empowered to refuse registration applications if applicant fails to respond to requests for further information.
The Department of Home Affairs has advised that any non-citizen who does not hold a valid visa and plans to enter Australia based on the claim they are an Aboriginal Australian must provide evidence to support their claim prior to travel. Aboriginal Australians must satisfy the following requirements and send their evidence to indigenous.australians@homeaffairs.gov.au – Evidence of biological descent from Aboriginal Australians; and Recognition by an elder or others enjoying traditional authority. The Australian Border Force ABF will not allow a person to enter Australia without a valid visa solely on the basis the person claims at the border they are an Aboriginal Australian. A non-citizen seeking to enter Australia based on the claim they are an Aboriginal Australian needs to have that claim resolved before travelling to Australia.
Under present migration regulations in Australia most visa applicants need to satisfy the health requirements that they do not have chronic medical conditions or disabilities needing health care or community services which will cost more than $49,000 over 10 years. The Welcoming Disability Campaign formally launched on Thursday has requested the government to implement the recommendations of the 2010 Enabling Australia report. This joint parliamentary review found that migration health requirements unfairly discriminate against people with disabilities. However a spokesperson for the Department of Home Affairs said the legislation is not discriminatory as it is applied to all relevant visa applicants.
Repeals Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019. Requirements for making a valid application for the following visa classes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills(Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR). Specifies additional approved form, place and manner for Distinguished Talent (Migrant) (Class AL) and Distinguished Talent (Residence) (Class BX) (Distinguished Talent visa). Visa applicants can now lodge an internet application Form 47DT (Internet). This is in addition to other options – send Form 47SV by post or courier or use the Global Talent contact form https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/global-talent-contact-form.
Issues around Australia’s immigration laws regarding the cancellation of visas on character grounds under section 501 of the Migration Act are expected to be raised by NZ Prime Minister Jacinda Ardern when she meets with Prime Minister Scott Morrison today. “We have seen cases where there is also almost no connection of an individual to New Zealand who have been deported,” Ardern said after meeting Prime Minister Scott Morrison last year. There has been an exponential increase in New Zealanders being removed from Australia since 2014 when changes were made to section 501. This amounted to 435 people in the financial year 2018/2019. Permanent residents who have their visas cancelled are being sent back to New Zealand regardless of whether they have any connection to New Zealand.
LIN 20/102 and LIN 20/046 commenced on 25 Feb 2020 that creates arrangements for former Student (Temporary) (Class TU) subclass 500 visa holders whose visas were cancelled and for Visitor (Class FA) subclass 600 visa respectively. Covid 19 Pandemic (Corona virus) – Student (Temporary) (Class TU) visa holders cancellation LIN 20/102 commenced on 25 Feb 2020: It creates arrangements for former Student (Temporary) (Class TU) subclass 500 visa holders whose visas were cancelled due to World Health Organisation declaring a Public Health Emergency of International Concern (PHEIC). The visa application charge will be nil. https://www.homeaffairs.gov.au/news-media/current-alerts/novel-coronavirus Covid 19 Pandemic – New arrangements for Visitor (Approved Destination) (Class FA). LIN 20/046 commenced on 25 Feb 2020 for Visitor (Class FA) subclass 600 visa holders whose visas were cancelled due to World Health Organisation declaring a Public Health Emergency of International Concern (PHEIC). It provides an alternative me method for reapplying applicants. The visa application charge will be nil.
More than 27,000 people attended 454 ceremonies around the country to become Australian citizens on Australia Day 26 January 2020 which is the largest number to date. Between 01 July and 31 December 2019, 106,704 people were conferred with Australian citizenship. “Citizenship is a chance for new migrants to make a pledge to uphold our laws and values and contribute to our cohesive, open and inclusive society. Australia Day is an opportunity to celebrate our success as a multicultural nation and reflect on what it means to be an Australian” Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said.
On 17 February 2020 Assistant Minister for Customs, Community Safety and Multicultural Affairs Jason Wood launched a public nomination process for the Modern Slavery Expert Advisory Group (Expert Advisory Group). He said “the Expert Advisory Group reflects the Government’s commitment to collaborating with business and civil society to combat modern slavery in supply chains through implementation of the Modern Slavery Act 2018”. Nominations are being sought from experts in business and human rights, procurement and supply chain management. Members of the Expert Advisory Group will be appointed for an initial term of 18 months. It is expected there will be 5 permanent representatives from the peak bodies as well as individual experts from business, civil society and academia.