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:

Migration (LIN 18/219: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2018

The instrument gives domestic effect to Australia’s commitments under the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) for the purposes of labour market testing. PACER Plus will enter into force 60 days after the date on which eight countries notify the Depository (in this instance, the Government of Tonga) of their ratification of PACER Plus. As the date for entry into force of PACER Plus is contingent upon a minimum of eight signatories ratifying the agreement in their domestic legislation, a threshold has not been reached at the time of request for the approval of this instrument, a separate instrument with a bespoke commencement date is required. 

LIN 18/183: immediately following the commencement of Schedule 1 to the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Act 2018.

LIN 18/219: mmediately following the commencement of Schedule 1 to the Customs Amendment (Pacific Agreement on Closer Economic Relations Plus 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

Professional Year

Migration (LIN 18/170: Professional Year Programs) Instrument 2018

The purpose of this instrument is to update the name of The Institute of Chartered Accountants in Australia to Chartered Accountants Australia and New Zealand. This instrument will also specify the professional year program run by:

a. The Australian Computer Society, which is available to information technology graduates;

b. Chartered Accountants Australia and New Zealand, Certified Practising Accountants Australia and the Institute of Public Accounting, which is available to accounting graduates; and

c. Engineers Australia, which is available to engineering graduates.

 15 December 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
Payment of fees and charges in foreign currencies

Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019

The purpose of the instrument is to undertake the biannual update of the foreign currency exchange rates.

Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019

 The instrument operates to specify, under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations, in relation to the payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge (VAC) payment to which subsection 5.36(3A) of the Regulations applies), the places and corresponding currencies in which those fee payments must be made.

1 January 2019
Share |

Recent News

  • 189NZ Requirements Relaxation - 10 December 2022


    Applicants are not required to satisfy the New Zealand stream specific criteria relating to a period of residence in Australia, minimum taxable income and health. In addition, family members of primary applicants who made a Subclass 189 (Skilled – Independent) visa application in the New Zealand stream prior to the commencement of the Amendment Regulations are also not required to satisfy the health criteria. This applies to only already lodged application before 10 December 2022. More info in the legislative update summary


  • 408 AGEE COVID-19 VISA UPDATE - 14 MAY 2021


    The updated legislation dealing with 408 Covid-19 Pandemic Visa came in effect today.

    We have prepared a structured summary of requirements for this visa on our website:

  • Priority Migration Skilled Occupation List - September 2020


    The Priority Migration Skilled Occupation List (PMSOL) identifies 17 occupations which fill critical skills needs that support Australia’s economic recovery from COVID-19 based on expert advice from the National Skills Commission and consultation with Commonwealth departments. More info here

  • New GSM points test 16 November 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


    New occupation lists came in force on 11 March 2019

Older »

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. 

The Code of Conduct:

(a) protects clients of migration agents; and

(b) strengthens the integrity of the immigration advice industry and Australia’s immigration system.

Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958.

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.

You will find us...


Ales Welter, MARN 1464306

Level 2 Kings Court

8-12 King St

Rockdale NSW 2216

Phone: 0403 41 66 70


Website Photos

We would like to thank Marian Riabic who has provided photographs to our website. Marian can be contacted on 0417 774 174 if you are interested in his photos.