Selected Legislation Changes - July - December 2021

Change Details Effective from
 Agricultural Worker Visa

 Migration Amendment (Australian Agriculture Workers) Regulations 2021:

The Migration Amendment (Australian Agriculture Worker) Regulations 2021 (the Regulations) amend the Migration Regulations to insert a new Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa, to provide for the entry and temporary stay of workers across primary industry sectors including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry in response to identified labour market gaps and workforce needs in primary industry sectors now and in the future. 

The new stream will be available to visa applicants who are participating in the Australian Agriculture Worker Program (the AAWP), and who are sponsored by an employer who is participating in the AAWP. 

The AAWP will be established on the basis of bilateral agreements with foreign governments, to be negotiated by the Department of Foreign Affairs and Trade taking into consideration factors including the requirements of the Australian labour market and labour shortages in particular industry sectors.

Visa applicants participating in the AAWP will come from countries where the foreign government is a party to an agreement under the AAWP, in accordance with the requirements of the agreement as approved by the Department of Foreign Affairs and Trade.

Visas granted in the AAW stream will be valid for up to 4 years, with multiple entries, and allow overseas workers who are part of the AAW Program to stay and work in Australia for a defined period of time specified by the Minister.

 30 September 2021
 Visitor Visa Arrangements

 Migration (arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021:

The purpose of the instrument is to update the approved form, place and manner (“the arrangements”) requirements for making an application for a Visitor (Class FA) visa (Class FA visa).  The Subclass 600 (Visitor) visa (subclass 600) is the only subclass for the Class FA visa and has five streams: the Tourist stream, the Sponsored Family stream, the Business Visitor stream, the Approved Destination Status stream and the Frequent Traveller stream.  The instrument specifies the arrangements for making a visa application for each stream.  

 30 September 2021
Australian citizenship - Special residence requirements

Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021:

The instrument broadens the special residence requirement from IMMI 13/056 by specifying additional activities, organisations and kinds of work. In particular, the instrument:

· adds participation in the Commonwealth Games as a specified activity for section 22A of the Act;

· adds Commonwealth Games Australia as a specified organisation for section 22A of the Act; and

· updates the specified kinds of work for section 22B of the Act, by specifying additional kinds of work done by a primary holder of a relevant talent visa, related to the area of internationally recognised record of outstanding and exceptional achievement for which the visa was granted. Specified work now includes the arts (expanded from writing, visual or performing arts in IMMI 13/056), academia and research, a profession and sport. Relevant talent visa is defined in section 3 of the instrument.

13 October 2021
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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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