Selected Legislation Changes - July 2020

Change  Detail Effective from 
Zero student VAC (Covid-19)

LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications: https://www.legislation.gov.au/Details/F2020L00955

The instrument specifies that a nil VAC amount is applicable to a Subclass 500 visa holder who held the visa on or after 1 February 2020 and are seeking to reapply for further Subclass 500 visa to complete their study, if they were unable to complete their course within their original visa validity due to the COVID-19 pandemic.

30 July 2020
COVID-19 Pandemic event for Subclass 408 (updated LI)

LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa: https://www.legislation.gov.au/Details/F2020L01145

This instrument specifies an additional class of persons to enable people with the relevant skills and qualifications to undertake work in the aged care sector to apply for the Subclass 408 visa.

8 September 2020
LMT - Jobactive

LIN 20/156: Jobactive ‑ Period, manner and evidence of labour market testing: https://www.legislation.gov.au/Details/F2020L01123

Compilation: https://www.legislation.gov.au/Details/F2020C00871

This instrument requires for nominated positions for 482/494 visas to be advertised on the Government’s Jobactive website.

3 September 2020
COVID-19 concession

Migration Amendment (COVID‑19 Concessions) Regulations 2020: https://www.legislation.gov.au/Details/F2020L01181

The amendments provide concessions to visa requirements and conditions where the impact of COVID-19 would otherwise prevent or disrupt visa holders and applicants from meeting them. The concessions relate to applicants for 887, 888, 188, 790 and 485 visas.

Many of the concessions provided for by these amendments operate during a ‘concession period’. The concession period commences on 1 February 2020 (as the date on which the Australian Government first introduced travel restrictions in relation to COVID-19) and ends on a date specified by the Minister in a legislative instrument. Given the ongoing health situation and associated uncertainty, an end date has not been specified in the COVID-19 Concessions Regulations.

19 September 2020
Annual Courts and AAT Fee increase


Gazette - C2020G00465: https://www.legislation.gov.au/Details/C2020G00465

 AAT application fees will increase from $1787 to $1,826.

 1 July 2020
 Credit card surcharges

 Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020: https://www.legislation.gov.au/Details/F2020L00705

The revised surcharge amounts are as follows: 

  • for payments made by Visa or MasterCard – the surcharge rate is being increased by 0.08 per cent (that is, from 1.32 per cent to 1.4 per cent).
  • for payments made using PayPal – the surcharge rate is being increased by 0.01 per cent (that is, from 1 per cent to 1.01 per cent)
 1 July 2020
Lawyers Deregulation

Migration Amendment (Regulation of Migration Agents) Bill 2019

Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019

 
Foreign currencies

LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies: https://www.legislation.gov.au/Details/F2020L00751

LIN 20/004: Places and Currencies for Paying of Fees: https://www.legislation.gov.au/Details/F2020L00756

1 July 2020
WHV specified work

LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places: https://www.legislation.gov.au/Details/F2020L01033

 The instrument enables relevant applicants who have carried out critical COVID-19 work in the healthcare and medical sectors after 31 January 2020 in any place in Australia to count this work towards eligibility for a second or third Subclass 417 visa

LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas: https://www.legislation.gov.au/Details/F2020L01034

 The purpose of the instrument is to specify critical COVID-19 work in the healthcare and medical sectors carried out after 31 January 2020 in any Australian postcode area  for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations.

19 August 2020
Hong Kong passport policy implementation

Migration Amendment (Hong Kong Passport Holders) Regulations 2020: https://www.legislation.gov.au/Details/F2020L01047

The amendments extend temporary skilled and temporary graduate visas, for five years from 9 July 2020, to provide a new end date of 8 July 2025, if the primary visa holder held a Hong Kong passport when the visa was granted.  The visas of family members, who satisfied the secondary visa criteria, are also extended to 8 July 2025, regardless of the passport they hold.
Afftected visas: 482, 457, 485

9 July 2020
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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.

We Are a Member of the MIA

Migration Institute of Australia

Ales Welter (MIA:10623) is a member of the Migration Institute of Australia (MIA). MIA members must abide by a Code of Ethics and Practice which is designed to protect members and the reputation of the profession by assisting agents to maintain the highest standards of professionalism.

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OZ HOME MIGRATION

Ales Welter, MARN 1464306

Level 2 Kings Court

8-12 King St

Rockdale NSW 2216

Phone: 0403 41 66 70

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