Selected Legislation Changes July - December 2022

Change Details Effective From
 Bridging visa application arrangements

 LIN 21/045 Compilation: Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021

https://www.legislation.gov.au/Details/F2022C00774

The purpose of the instrument is to update LIN 21/045, to reflect changes to the approved forms and the place and manner in which a Bridging A (Class WA) (BVA), Bridging B (Class WB) (BVB) or Bridging C (Class WC) (BVC) visa application on paper forms, Internet forms or electronic forms is lodged.  Specifically, the instrument expands online lodgement options for BVA, BVB or BVC visa applicants and removes options for in‑person and postal lodgement of those visa applications using paper forms.

https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms

 1 August 2022
Relationship Cessation Provisions for 309/100 visa applicants

Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 https://www.legislation.gov.au/Details/F2022L01093

The Regulations make amendments to the Migration Regulations that enable Subclass 100 visa applicants to access RCPs to meet the primary criteria for the grant of a Subclass 100 visa, if the applicant was granted their Subclass 309 visa in Australia under the COVID-19 concession, and their sponsoring partner has died, or their relationship with their sponsor has ceased. 

20 August 2022
Enhancement Community Support Program by reducing VAC and discretionary AoS for 202 visa

Migration Amendment (Subclass 202 Visas) Regulations 2022 https://www.legislation.gov.au/Details/F2022L01087

The Migration Amendment (Subclass 202 Visas) Regulations 2022 (the Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to enhance the operation of the Community Support Program (CSP), which allows community groups and individuals to propose and support applicants for entry to Australia under the Humanitarian Program.

19 August 2022
188 Points Test

LIN 22/083: Migration (Points for Business Innovation Stream and Investor Stream of Subclass 188 Visa) Instrument (LIN 22/083) 2022 https://www.legislation.gov.au/Details/F2022L01332

This instrument specifies the minimum number of points that an applicant for a Subclass 188 visa in the Business Innovation stream or the Investor Stream must score on the business innovation and investment points test.

5 October 2022
WHV - 8547 relaxation

The temporary relaxation of condition 8547 (6 month work limitation) will be in place until 31 December 2022. After that it will be reviewed by the government.  

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462/6-month-work-limitation

 
Student visa holders - unrestricted working hours

 Unrestricted work rights for student visa holders will end on 30 June 2023. 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/temporary-relaxation-of-working-hours-for-student-visa-holders

 
403 visa - Agriculture Worker Stream Repealed

Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 https://www.legislation.gov.au/Details/F2022L01289

A dedicated agriculture worker visa stream is no longer required as agricultural workers can be accommodated through the PALM stream of Subclass 403 using the existing regulations and system capabilities. Repeal of the AAW stream by the Regulations means that the PALM scheme remains the key program for meeting agricultural workforce shortages.

1 October 2022
Skilled Visa Processing Priorities

Skilled visa applications are processed according to government policy priorities, which are outlined in Ministerial Direction No. 100. This new Direction came in effect on 28/10/2022

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/skilled-visa-processing-priorities

28 October 2022
No Further Stay condition waivers for secondary 191 applicants

Migration Amendment (Subclass 191 Visas—Waiver of Conditions) Regulations 2022 https://www.legislation.gov.au/Details/F2022L01451

This instrument amends the Migration Regulations 1994 to support family unity for skilled workers by enabling family members to join a Subclass 191 (Permanent Residence (Skilled Regional)) visa application without having to depart Australia.

12 November 2022
189NZ - relaxation requirments for already lodged 189NZ applications

Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 https://www.legislation.gov.au/Details/F2022L01623

amends the Migration Regulations 1994 (the Migration Regulations) to:

  • provide significant concessions to the existing visa criteria for on-hand applications for the Subclass 189 (Skilled – Independent) visa in the New Zealand stream; and
  • pause new applications for this stream from the commencement of the Amendment Regulations (10 December 2022) until 1 July 2023 to provide time for the Government to consider future arrangements for New Zealand citizens.

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.

10 December 2022
Citizneship - PR Determination

LIN 22/103: Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022

The instrument replaces IMMI 17/108 and substantially maintains the arrangements in that instrument.

 The instrument operates to determine that certain New Zealand citizens are permanent residents, including those New Zealand citizens who hold or have held a special category visa and who satisfy specified requirements; those who hold a special purpose visa granted on the basis of being an airline crew member or airline positioning crew member who is ordinarily resident in Australia; and those who have held a special category visa and who satisfy specified requirements in relation to the visa they currently hold.

1 January 2023
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Recent News

  • 189NZ Requirements Relaxation - 10 December 2022

    13.12.2022

    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

    14.5.2021

    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: http://visa.ozhome.info/visa/408-covid-19-pandemic




  • Priority Migration Skilled Occupation List - September 2020

    7.9.2020

    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

    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




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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. 

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.

https://www.legislation.gov.au/Details/F2021L01856

Consumer protection - see MARA Consumer Guide.

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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

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