Selected Legislation changes March 2019

Change Detail Effective as of
Skilled occupations lists

All occupation lists in one place: http://visa.ozhome.info/legislation-_-policy/2019/skilled-occupation-lists---11-march-2019

189/190/489/485 visas: LIN 19/051

482 visa: LIN 19/048 and LIN 19/048 Amendment

186 visa: LIN 19/049

187 visa: LIN 19/047

407 visa: LIN 19/050

11 March 2019
Third WHV 417/462

Migration Amendment (Working Holiday Maker) Regulations 2019: https://www.legislation.gov.au/Details/F2019L00196

The Regulations increase the maximum number of ‘working holiday maker’ visas that a person may hold in Australia from two to three if they meet additional work requirements.  The applicant is required to complete 6 months specified work in specified circumstances in order to be eligible for a third ‘working holiday maker’ visa.

1 July 2019
TRA skills assessment fees

Migration (LIN 19/034: Fees for Assessment of Qualifications and Experience) Instrument 2019: https://www.legislation.gov.au/Details/F2019L00202

The instrument updates the skills assessment types and fees payable to Trades Recognition Australia.

1 March 2019
Direction No 79

Direction No 79 - Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA (replacing Direction No 65)

Violent crimes against women or children, will be considered in the most serious manner, regardless of the sentence.

28 February 2019
Medivac Bill

Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 https://www.legislation.gov.au/Details/C2019A00003

Medivac Bill is in Schedule 6 - Transitory persons

2 March 2019
Fast Track Applicants - new class of persons

Migration (Fast Track Applicant Class – Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019: https://www.legislation.gov.au/Details/F2019L00506

 2 April 2019
New family sponsorship framework

Migration Amendment (Family Violence and Other Measures) Act 2018: https://www.legislation.gov.au/Details/C2018A00162

Proclamation: https://www.legislation.gov.au/Details/F2019N00035

17 April 2019
Temporary sponsored parent visas 870

Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019: https://www.legislation.gov.au/Details/F2019L00551

Migration (LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019: https://www.legislation.gov.au/Details/F2019L00596
Specify sponsorship application form and fees. - REPEALED BY:
Migration (LIN 19/188: Arrangement for Approval and Variation of Approval for a Temporary Parent Sponsor) Instrument 2019: https://www.legislation.gov.au/Details/F2019L01015

Migration (LIN 19/146: Income Test for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019: https://www.legislation.gov.au/Details/F2019L00542

Migration (LIN 19/149: Manner for Providing Details of a Change in Certain Events for an Approved Sponsor of a Temporary Sponsored Parent Visa) Instrument 2019: https://www.legislation.gov.au/Details/F2019L00545

17 April 2019
New subclasses 491, 491, 191

Migration Amendment (New Skilled Regional Visas) Regulations 2019: https://www.legislation.gov.au/Details/F2019L00578

Schedule 1 - 

- introduces the Subclass 491 Skilled Work Regional (Provisional) visa (Subclass 491), a new and enhanced points-tested visa to assist regional Australia, for applicants nominated by a state or territory government agency or sponsored by an eligible family member residing in a designated regional area; and
- closes the Subclass 489 (Skilled – Regional (Provisional)) visa (Subclass 489) to primary applicants seeking to satisfy the criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream. Subclass 489 is superseded by Subclass 491.

Schedule 2 -

- introduces the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (Subclass 494), a new and enhanced employer-sponsored visa to assist regional Australia, with two streams: Employer Sponsored and Labour Agreement;
- brings employers seeking to employ foreign workers on a Subclass 494 visa under the sponsorship regime for employers in the Migration Act (Division 3A of Part 2 of the Migration Act); and
- closes the Subclass 187 (Regional Sponsored Migration Scheme) visa, except for certain transitional cohorts. Subclass 187 is superseded by Subclass 494;

Schedule 3 -

- introduces a new Subclass 191 (Permanent Residence (Skilled Regional)) visa for persons who hold a Subclass 491 or a Subclass 494 visa at the time of application; and
- details eligibility criteria for the Subclass 191 visa, including that the primary applicant must:

  • hold a regional provisional visa when they apply for the Subclass 191 visa, and have held that visa for at least three years;
  • have earned a minimum income for at least three years as the holder of a regional provisional visa; and
  • have complied with the conditions of the regional provisional visa.

New Skilled Regional Visas (Consequential Amendments) Bill 2019: https://www.legislation.gov.au/Details/C2019B00150

The amendments in this Bill give effect to the policy intent that holders of these provisional skilled regional visas have the same access to welfare payments and government services as permanent visa holders. This recognises that the visas provide a pathway to permanent residence.

 16 November 2019
(Schedule 3: 16 November 2022)
SAF for 494 visa

Migration (Skilling Australians Fund) Charges Amendment (Subclass 494 Visa) Regulations 2019: https://www.legislation.gov.au/Details/F2019L00553

16 November 2019
Biosecurity Contraventions and Importation of Objectionable Goods

Migration Amendment (Biosecurity Contraventions and Importation of Objectionable Goods) Regulations 2019: https://www.legislation.gov.au/Details/F2019L00575

New visa cancellation grounds - prohibited import.

17 April 2019
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Recent News

  • New GSM points test 16 November 2019

    31.7.2019

    We prepared a new interactive GSM points test that will be in place after 16 November 2019 - check your points score here



  • New skilled occupation lists 11 March 2019

    12.3.2019

    New occupation lists came in force on 11 March 2019




  • 1 March 2019 New Sponsored Temporary Parent Visa Announced

    1.3.2019

    The government has announced a new temporary parent visa subclass 870 should start from 1 July 2019.

    Read more info here




  • THIRD WHV FROM 1 JULY 2019

    26.2.2019

    Amending Regulations have been published to introduce the previously announced third WHV 417 and 462 visa.

    A person is required to complete 6 months specified work in order to be eligible for a third 417/462 visa.

    The specified work must be undertaken:
    - after 1 July 2019 AND
    - while holding a second 417/462 or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second 417/462 visa.





  • 1 November 2018 WHV AGE LIMIT INCREASED FOR CANADA AND IRELAND

    31.10.2018

    Canadian and Irish applicants for the Subclass 417 (Working Holiday) visa have an upper age limit increased from 30 to 35. More info here




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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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OZ HOME MIGRATION

Ales Welter, MARN 1464306

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8-12 King St

Rockdale NSW 2216

Phone: 0403 41 66 70

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