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

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. 

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.

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.

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

 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

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.

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

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.

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.

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.