Migration Regulations Changes from 18 April 2015
· limit the number of domestic flights that foreign aircrew are permitted to work on while holding a Special Purpose visa. The amendments provide a limit of two connecting domestic flights for foreign air crew and one connecting domestic flight for positioning foreign air crew (persons forming crew on departure). This ensures that opportunities for Australian workers on domestic flights are protected;
· allow an English language test score to be accepted for points tested skilled visas if the test was conducted three years before the applicant was invited to apply for the visa, rather than three years before the application was lodged. This ensures that English test scores do not become invalid between the invitation to apply for the visa and the application being lodged;
· repeal the requirement that an applicant for a Temporary Graduate visa must provide evidence of having made arrangements for medical examinations at the time of application for the visa. The amendment removes an unnecessary burden on applicants as many applicants may not be required to have a medical examination to meet the health requirement at the time of decision for the visa;
· enable lower English language test scores to be specified for the Skilled Recognised Graduate and Temporary Graduate visas so that these visas can be more responsive to Australia’s labour market requirements. The tests and scores will be specified in an instrument made by the Minister
· 457 visa - new minimum English language requirements
· 457 visa - English language requirement exemption - when an applicant can provide evidence of five cumulative years of study in English at the secondary or tertiary level, rather than proof of five years consecutive secondary or tertiary study in English
- DIBP policy has extended the term of standard business sponsorship to 5 years commencing from the date of approval
· DIBP policy has extended the sponsorship period for start-up businesses from twelve (12) months to eighteen (18) months.
· 457 visa - the market salary exemption threshold reduced from $250,000 to $180,000, this is now in line with the marginal tax rate. - REPEALED ON 16 June 2015 - the exemption is $250,000 again
· extend the timeframes in which an approved sponsor must notify the department of certain events relating to the sponsored person (for example, a change in work duties). The amendment extends the timeframe from 10 working days to 28 calendar days to ensure there is sufficient time to comply with the requirement. It also reduces confusion for businesses as it would align with other comparable reporting periods that must be met by business;
· provide that the visa application form, the place in which a visa application must be lodged and the manner in which a visa application must be made (for example by internet or paper) are specified in an instrument made by the Minister, rather than set out in the Migration Regulations. This enables these administrative details to be changed more rapidly, as required, to facilitate more efficient processing arrangements;
· prescribe the time periods and the manner in which the Minister must make notifications in relation to visa cancellation or revocation of cancellation permitted under powers that were introduced in the Migration Amendment (Character and General Visa Cancellation) Act 2014 (sections 501BA and 501CA). The same time periods that apply to section 501 (refusal or cancellation on character grounds) apply in relation to these powers; and
· make technical or consequential amendments.