Migration (Visa Pre-application Process) Charge Regulations 2024 dated 14 March 2024 prescribe the amounts of charge to be imposed on the registration of a person as a registered participant in a visa pre-application process. The Migration Amendment (Subclass 192 (Pacific Engagement Visa) Regulations 2024 amend the Migration Regulations 1994 to introduce a new Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The Pacific Engagement visa is the first visa to utilise the visa pre‑application ballot process as a requirement to lodge a valid visa application. It is necessary to impose a minimal charge on registering in the Pacific Engagement visa ballot to ensure that registrants are genuine and have thoughtfully considered their ability to pursue the visa if selected. The Regulations prescribe an amount of AUD25 as the charge for registration as a registered participant in a ballot for the new Pacific Engagement visa. The charge must be paid at the time of registration. If the charge is not paid at this time, the person is taken to never have been registered as a registered participant in the visa pre-application process. The Charge Act establishes a ceiling of AUD100 as the maximum charge that may be prescribed for a particular ballot. It is expected that additional visas may employ this ballot procedure in the future. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024 dated 14 March 2024 amend the Migration Regulations 1994 to introduce a new permanent Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The regulations also prescribe the requirements to be met for making a valid application for the subclass 192 visa including the requirement that a primary applicant must have been randomly selected in a visa pre-application process relating to the country of which the applicant is a citizen and other requirements to be met in relation to the grant of a Subclass 192 (Pacific Engagement) visa. The PEV program will offer permanent residency to eligible citizens of participating Pacific island countries and Timor-Leste, and their immediate family members, who have been randomly selected through a visa pre-application ballot process (the rules that apply in relation to the eligibility for, and conduct of, the PEV pre-application ballot process will be set out in the PEV Determination). Entrants successfully drawn in the ballot and their immediate family members are able to apply for a PEV. As per the Amendment Regulations, in order to make a valid application for a PEV, a primary applicant must The visa application charge (VAC) for the PEV is AUD325 for the primary applicant and AUD80 for each additional applicant included in the application as a migrating family member, payable at the time the visa application is made. Pacific Engagement Visa endorses the Government’s commitment to enhance Australia’s connections with the Pacific region and will notably raise the number of people from Pacific island nations and Timor-Leste who can obtain permanent residency in Australia. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
Migration Amendment (Suspending Education Providers) Regulations 2024 dated 14 March 2024 supports implementation of the Government’s Migration Strategy announced on 11 December 2023. The Regulations amends the Migration Regulations 1994 to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the ESOS Act. The ESOS Act sets out rules for registering providers offering education services to international students. Section 97 of the Act allows the Immigration Minister to issue a suspension certificate to a registered provider or their associate if they believe that substantial number of international students are coming to or staying in Australia for purposes not contemplated by their visa. This initiative is part of the Australian Government’s Migration Strategy, aimed to support integrity in the international education system and to support genuine overseas student. Under subsection 97(2) of the ESOS Act, in considering whether to give such a certificate, the Immigration Minister may have regard to any of the following: the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application; the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas; the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses; any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958. Under section 98 of the ESOS Act, before issuing a suspension certificate, the Immigration Minister must give the registered provider a written notice stating that they intend to give the provider a suspension certificate and why. The effect of a suspension certificate is that the provider would not be able to recruit new international students for the period that the suspension certificate remains in force (6 months). However, existing students may continue their studies with the provider. The Amendment Regulations amend the Migration Regulations to provide the Minister with the ability to specify by instrument the method for working out a score, when and how often a relevant score is to be worked out and the period in which a relevant score has effect for a registered provider in a legislative instrument. The Instrument is registered on the Federal Register of Legislation on 22 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
The Migration Amendment (Subclass 500 Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Student visa applicants intend to genuinely stay in Australia temporarily. The Subclass 500 visa allows international students (and members of their family unit) to enter, study and work in Australia for the duration of the primary visa holder’s studies. Previously, in order for a Subclass 500 visa to be granted, an applicant needed to satisfy the genuine temporary entrant requirement that is the applicant intend to genuinely stay in Australia temporarily, which was a way of assessing that the applicant is a genuine student. However, the requirement caused confusion and possibly deterred future migration to Australia, as many international students plan to apply for permanent residency after finishing their studies. The Subclass 500 visa can be a genuine route to permanent residency, as the skills gained from studying can help fill skill shortages in Australia. The amendment aims to enhance the evaluation of a student’s genuine intention to study in Australia and better detect any non-genuine international students entering Australia for reasons other than study. With the amendment, the genuine student criterion enables the decision-maker to assess whether the visa applicant genuinely intends to enter and stay in Australia as a student, taking into account various factors such as the applicant’s situation, immigration history, adherence to visa conditions, and any other relevant factors. The Instrument is registered on the Federal Register of Legislation on 18 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
From mid-2024 international higher education graduates will no longer be able to apply for the two-year extension of their post study work rights on their Temporary Graduate visa (subclass 485). From 1 July 2023, the extended post-study work rights for additional two years were conferred on international graduates with degrees in select areas of verified skill shortage, on their Temporary Graduate visa (subclass 485). Those extended post-study work rights will no longer be available to such graduates from mid-2024.
The Migration Regulations has been amended to insert new visa condition 8208 which applies to Subclass 500 visas to safeguard against the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs. The following instruments will activate the provisions of visa condition 8208: Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 This determination determines condition 8208 of Schedule 8 to the Regulations to be part of the designated migration law for the purposes of section 495A of the Act. Condition 8208 requires student visa holders to obtain the approval of the Minister to undertake critical technology related study in a postgraduate research course. The Minister’s decision regarding granting such approval would follow an assessment of the risk of an unwanted transfer of critical technology by the visa holder. The purpose of this Instrument is to allow the Minister to use computerised programs for decision-making in certain circumstances. The instrument is registered on the Federal Register of Legislation on 19 February 2024 and will commence on 1 April 2024. To access the instrument, click here. Migration (Critical Technology – Kinds of Technology) Specification (LIN 24/010) 2024 This specification specifies seven kinds of technology included in the definition of critical technology in regulation 1.03 of the Migration Regulations, namely: This instrument commences on 1 April 2024 and applies: To access the instrument, click here.
To know more click here.
Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024 dated 1 February 2024 amend the areas of Australia and the kinds of work specified in LIN 22/012 and LIN 22/013 for the definitions of specified Subclass 417 and Subclass 462 work. The instrument extends ‘specified subclass 417 and subclass 462 work’ beyond flood and bushfire recovery to include other forms of natural disasters such as cyclones or storm surges. The instrument replaces the current specified flood recovery work provisions outlined in LIN 22/012 and LIN 22/013 by including recovery works undertaken in areas affected by floods, cyclones, and other severe weather conditions. Additionally, it modifies the associated regions in Australia listed in LIN 22/012 and LIN 22/013, by expanding the coverage to include areas impacted by bushfires, floods, cyclones, or other extreme weather events where recovery work can be carried out. The instrument specifies recovery work in relation to flood, cyclone or other severe weather, and the areas of Australia in which that work must be carried out for both specified Subclass 417 work and specified Subclass 462 work. It specifies work carried out after 31 December 2021 in an area affected by flood, cyclone or other severe weather, including: Clean-up, construction or any other work in association with restitution or restoration of services, land, waterways, property or infrastructure; and Work providing support services or assistance to people living, working or volunteering in the area affected by flood, cyclone or other weather. These changes acknowledge the significant contribution of working holiday makers in aiding regions following natural disasters, as well as their valuable assistance to businesses and communities in expedited recovery. The instrument applies to applications for a subclass 462 and subclass 417 visa that are made, but not finally determined before 2 Feb 2024 and made on or after 2 Feb 2024. The instrument is registered on the Federal Register of Legislation on 1 February 2024 and commenced on 2nd February 2024. It is currently in force. To access the instrument, click here .
Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 dated 23 January 2024 repeals Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022. For the grant of a Subclass 408 visa, the applicant must satisfy the primary criteria that the applicant must be a person to whom a clause in subdivision 408.2 of Schedule 2 to the Migration Regulations applies. Clause 408.229 will apply to an applicant if that applicant seeks to enter or remain in Australia to undertake work directly associated with the AGEE, specified in a legislative instrument made by the Minister and the applicant is in a class of persons specified in the instrument in relation to the event. LIN 22/046 specified the event known as the ‘COVID-19 pandemic’ as an ‘Australian Government endorsed event’ (AGEE) and classes of persons for the purposes of Subclass 408 visa. Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 repeals (LIN 22/046) Therefore, from 1 February 2024, COVID-19 pandemic will no longer be a specified event for the purposes of sc408 visa. The instrument is registered on the Federal Register of Legislations on 24 January 2024 and commenced on 1 February 2024. To access the instrument, click here.
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 dated 8 December 2023 amends Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to streamline the LMT requirements by updating the manner in which LMT in relation to a nominated position must be undertaken. A person who nominates a proposed occupation or an applicant for a visa of a prescribed kind under section 140GB is required to meet the labour market testing (LMT) conditions, unless exempted. LIN18/036 specifies the manner in which the LMT must be undertaken in relation to a nominated position, including the language to be used for any advertising, the method of any such advertising, the period during which any advertising must occur, and the duration of any advertising. LIN 23/072 removes the mandatory requirement in paragraph 8(3)(a) of the LIN18/036 to advertise the nominated position on the Workforce Australia website (www.workforceaustralia.gov.au). The instrument also inserts new subsections 8(6) and (7) to clarify matters in relation to the duration of any advertisement of a nominated position, relevant to current subsection 8(5). Subsection 8(5) of LIN 18/036 allows for a period of at least four weeks where applications or expressions of interest for an advertised position may be received. The amendment allows for a continuing length of time that LMT is being carried out and continues unbroken for a minimum four-week period across two or more overlapping advertisements where applications or expressions of interests for an advertised position may be received. The instrument does not allow LMT over two or more consecutive (but not overlapping) or non-consecutive periods totalling a minimum of four weeks. The amendments are beneficial for employers wishing to nominate employees from overseas and will be applied prospectively. The instrument is registered on the Federal Register of Legislation on 10 December 2023 and commenced on 11 December 2023. To access the instrument, click here.