November 2018 - Selected Legislation Changes

Change Detail Effective as of
417 WHV for Canada and Ireland - age limit increased to 35 years

Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018

The purpose of the instrument is to increase the eligible age range for Canadian and Irish applicants for the Subclass 417 (Working Holiday) visa, from an upper age limit of 30 to 35.

1 November 2018
462 WHV additional areas for specified 462 work

Migration (LIN 18/197: Areas of Australia and Kinds of Specified Work for Subclass 462 (Work and Holiday) visas) Instrument 2018

Additional areas of Australia represented by their postcodes for New South Wales, Norfolk Island, Queensland, South Australia, Victoria, Western Australia and Tasmania have been included in the instrument. Work carried out in these additional areas must only be for the additional kinds of work specified in Schedule 4 of the instrument. The additional kinds of work specified in Schedule 4 of the instrument are for plant and animal cultivation.

5 November 2018
Arrangements for 462 visa applications

Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018

The purpose of the instrument is to expand the online lodgement channel to additional countries for applicants applying for their first Class US (Work and Holiday) (Temporary) visa. Existing countries under this arrangement are Spain, Argentina, Uruguay, Slovakia and the United States of America. The new countries under this arrangement now are Austria, Chile, Czech Republic, Hungary, the State of Israel, Luxembourg, Peru, Poland, Portugal, San Marino and Slovenia. Online lodgement for applicants from these countries is mandatory, unless the applicant has been sent an email authorising the applicant to make an application in a different place or manner. Arrangements for all other countries remain unchanged.

17 November 2018
 International Trade Obligations relating to LMT

 LIN 18/183: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2018

The instrument operates to determine international trade obligations of Australia in relation to LMT. It also includes the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11). 

The TPP-11 includes obligations of Australia under international law that relate to international trade concerning labour market testing for relevant persons where that persons’ country is firstly, a party to the agreement and who secondly, have ratified the TPP-11 into their domestic legislation. Once ratification has occurred in a signatory country, Australia’s obligation under the TPP-11 to that country arises. 

The TPP-11 Agreement will enter into force on 30 December 2018. Australia joins Canada, Japan, Mexico, New Zealand and Singapore as part of the first group of signatories to ratify the TPP-11

More info on DFAT website:

 immediately following the commencement of Schedule 1 to the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Act 2018.
408 supporting innovation in SA

Migration (LIN 18/077: Supporting Innovation in South Australia Event for Class GG, Subclass 408 (Temporary Activity) Visa) Instrument 2018

The purpose of the instrument is to specify the Supporting Innovation in South Australia event, as an Australian Government endorsed event for the purposes of the Regulations. Additionally, the purpose of the instrument is to specify the class of persons, which an applicant for a subclass 408 visa must fall within to be eligible to be granted the visa. The class of persons specified are applicants:

a. who are under 45 years old at the time of application;

b. who can demonstrate vocational English in accordance with the requirements set out in subregulation 1.15B(1) of the Regulations;

c. whose application to participate in the Supporting Innovation in South Australia event has been endorsed by the government of South Australia; and

d. who has completed a written, supporting, business plan to take forward a business directly related to an innovative idea.

 21 November 2018
Pathway to PR for 405/410 visa holders

 Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018

The Regulations provide that certain holders or former holders of temporary retirement visas (retirees) are able to obtain permanent residence by meeting criteria in specified permanent visas.

The Regulations target retirees who, at the time this change was announced in the Federal Budget on 8 May 2018, held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa, or who did not hold a substantive visa on that date and the last substantive visa held was one of those visas. In addition, the retiree must not have held a substantive visa, other than one of those visas, since 8 May 2018.

The retirees may apply for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa. Retirees must apply in Australia, maintain adequate health insurance until the permanent visa is granted, and meet the relevant health, character and other public interest criteria for the grant of the permanent visa.

 17 November 2018
Character test strengthening - BILL ONLY

Migration Amendment (Strengthening the Character Test) Bill 2018

The provisions of the Bill:
· amend the character test in section 501 of the Migration Act 1958 to provide grounds to consider visa cancellation or refusal where the non-citizen has been convicted of a serious crime.

· make consequential amendments to the definition of character concern in section 5C of the Migration Act 1958.

Seamless Traveller - removing the requirement to present a physical passport

Migration Amendment (Seamless Traveller) Regulations 2018

The amendments will reduce the processing burden for travellers at international ports using a SmartGate (or other authorised system) by removing the requirement to present a physical passport if details of their passport are already held electronically and can be used to establish identity.

17 November 2018
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  • WHV and Exchange rates 1 JAN 2017


    25 December 2016: Hungary, Luxembourg and San Marino will be added to WHV462 program. More info in IMMI17/003.

    New exchange rates for visa application fees from 1 JAN 2017 -  IMMI17/002
    UR = 1.38043
    USD = 1.25078
    GBP = 1.54628

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Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents (direct link here). 

It prescribes obligations of migration agents towards their clients.

Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

Consumer protection - see MARA Consumer Guide.

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Migration Institute of Australia

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Ales Welter, MARN 1464306

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