Selected November 2016 Changes

Change Details Effective as of
Visa condition 8107

 Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 - Schedule 1 (F2016L01696)

The time period that a Subclass 457 (Temporary Work (Skilled) visa) holder can remain in Australia after ceasing employment with their current sponsor will be reduced from 90 days to 60 days. If 457 holder has not found a new sponsor within 60 days of ceasing that employment, they will be in breach of their visa condition 8107 and their visa may be cancelled.

This amendment applies to 457 visas granted on or after 19 November 2016

 19 NOV 2016
 462 Work and Holiday Extension

  Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 - Schedule 2 (F2016L01696)

Subclass 462 (Work and Holiday) visa holdres will be permitted to apply for a second Subclass 462 (Work and Holiday) visa, if they have carried out work in areas of Australia and of a kind specified by the Minister, for at least three months as the holder of the first Subclass 462 (Work and Holiday) visa. The specified work is intended to be work undertaken in the agriculture, forestry, fisheries, tourism and hospitality industries in the Northern Territory and northern parts of Western Australia and Queensland.

This amendment applies to applications for visas made on or after 19 November 2016

 19 NOV 2016
 Member of a family unit (nuclear family provisions) Reg 1.12  Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 - Schedule 4 (F2016L01696)

This change applies to most visas except protection, refugee and humanitarian visas:

- This amendment includes 'step child' in the definition of 'dependent child'.
- Sets an upper age limit of 23 years for children or step-children who are dependent, unless they are incapacitated for work.
- this amendment applies to an application for a visa made on or after 19 November 2016 or a visa granted as a result of such an application.
- Simplifies the provisions that allow a family member who holds a specified temporary visa to be eligible for a further visa even where they are no longer a member of the family unit, for example, because they are now over 23 years of age. This ensures the family unit is kept together for subsequent visas - this amendment applies to a visa granted on or after 19 November 2016 
- a Subclass 457 visa granted to certain members of the family unit of another applicant will allow the holder to remain in Australia until the end of the day before that visa holder’s 23rd birthday, rather than 21st birthday as previously

 19 NOV 2016
Visitor visa (subclass 600) - 10 years validity visa stream

Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016 - - Schedule 1

It is created a new Frequent Traveller stream for frequent travellers which permits both tourism and business visitor activities and allows up to 10 years’ validity.

The applicant intends to visit Australia:

(a) as a tourist; or

(b) to engage in a business visitor activity.

The base VAC for this visa will be $1000.

The visa will allow the visitor multiple entry with a stay of 3 months after each entry. The visitor must not stay in Australia for more than 12 months in any period of 24 months.

The visitor must undergo a medical assessment if requested.

This visa stream is only be available to citizens of certain countries which will be specified. Initially, this visa will only be available to Chinese nationals.

 19 NOV 2016
 When a bridging visa ceases (010, 020, 030, 050, 051)

Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016 - - Schedule 2

The effect of this amendment is that bridging visas (subclasses 010, 020, 030, 050, 051) will cease a fixed period after a relevant decision or purported decision is made, by the Department of Immigration and Border Protection or the relevant review authority, in relation to certain application processes.

As a result of the amendments, where the cessation of one of these bridging visas was previously triggered by notification of a decision, it will instead be triggered by the decision itself. This removes uncertainty around whether a bridging visa has ceased where there is defective notification and therefore provide more certainty about a person’s visa status. As an associated measure, the Regulation also extends the period during which the bridging visas remain in effect once an event which triggers cessation occurs (for example, when a decision is made or an application is withdrawn). These bridging visas now cease:

- 35 days, rather than 28 days, after the relevant event occurs; or

- 14 working days, rather than 7 working days, after the relevant event occurs.

 19 NOV 2016
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