Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023 amends the Australian Citizenship Act 2007 to enable the Minister to make an application to request that a court exercises its power to make an order to cease a dual citizen’s Australian citizenship, where the person has been convicted of a serious offence or offences. Under the 2020 legislation, section 36B allowed the Minister to make a determination that a dual national’s Australian citizenship ceased where the person demonstrated conduct that repudiated their allegiance to Australia, and that it would not be in the public interest for the person to remain an Australian citizen. Section 36D listed the circumstances where the Minister was allowed to make such determination. Sections 36B and 36D were found invalid by the High Court in Alexander v Minister for Home Affairs [2022] HCA 19 (Alexander) and Benbrika v Minister for Home Affairs [2023] HCA 33 (Benbrika) respectively. The High Court while invalidating these sections, held that the provisions conferred on the Minister an exclusively judicial function of adjudging and punishing criminal guilt which can only be exercised by a court. Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023 provides that the Minister may make an application to a court, before the person has been sentenced, enlivening the court’s discretionary power to make a citizenship cessation order in certain circumstances as part of sentencing on conviction of a person for certain serious offences. The Bill provides that in order to support the court’s consideration and decision whether to make an order ceasing the person’s Australian citizenship, the Minister’s application to the court must include information about the person’s age, Australian citizenship and nationality or citizenship of any other countries. The Minister would be required to give the person written notice of the application as soon as practicable after the application is made and may give written notice of the application to any other persons the Minister considers appropriate. The amendments in the Bill would provide that a court may make a citizenship cessation order in certain circumstances as part of sentencing if: The Bill is registered on the Federal Register of Legislation on 1 December 2023 and will commence on the day after this Act receives the Royal Assent. To access the Bill, click here.
Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 dated 23 November 2023 amends the Migration Regulation 1994 to provide flexibility in relation to applications for Partner (Subclass 309 and 820) and Temporary Graduate (Subclass 485). Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023: As part of Australia’s response to the COVID-19 Pandemic, various concessions were introduced to assist visa applicants who were affected by the COVID-19 Pandemic-related travel restrictions and border closures. These concessions included removing the requirements in relation to where the applicant must be located at the time of visa grant. However, COVID-19 concessions ended on 25 November 2023. These amendments ensure that even after the lifting of COVID-19 concessions, the flexibility to the location requirements for visa grant, to be either in or outside Australia remains in place for these visas, and also extends this flexibility to the Subclass 820 Partner visa to align with the Subclass 309 Partner visa. These amendments provide a beneficial flexibility that permits the relevant visa to be granted regardless of where the applicant is located at the time of visa grant. In addition, the Regulations also provide merits review avenues for applicants for a Subclass 309 visa, regardless of whether the application is refused while they are in or outside Australia. This continues and extends the position Subclass 309 visa applicants had under the ‘concession period’, to ensure that access to merits review is retained. This facilitates access to merits review for applicants who may be affected by circumstance such as family violence and to align with the onshore Subclass 820 visa which provides for a Subclass 309 visa applicant to have standing to apply for merits review directly, rather than the sponsor. The instrument is registered on the Federal Register of Legislation on 24 November 2023 and commenced on 25 November 2023. It is currently in force. To access the instrument, click here.
Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 dated 23 November 2023 amends the Migration Regulations 1994 to expand pathways to permanent residence for TRT stream SC 482 and 457 skilled workers. The amendments expand access to the Temporary Residence Transition (TRT) stream in the Subclass 186 visa and Subclass 187 visa for all holders of SC 482 and SC 457 visas, irrespective of the stream in which their visa is held. It also reduces the length of TRT eligibility period for the approval of nomination from three out of four years to two out of three years. Moreover, the occupation identified in the nomination for the TRT stream is no longer required to be listed on the Medium and Long-term Strategic Skills List or the Regional Occupation List. This change enables employers to sponsor workers in a wider range of occupations on a permanent basis, helping to retain staff and alleviate skills shortages. It will also ensure that pathway to permanent residency for subclass 482 visa holders will not be lost if their occupation is removed from the relevant occupation list. In addition, the instrument extends the permission to allow all employers including parties to a work agreement who sponsored a worker under a labour agreement, to make a nomination under the TRT stream. Also, the Regulations remove the limit on the number of Subclass 482 visa applications in the Short‑term stream that can be made in Australia. The previous requirement that an applicant must be offshore for their third or subsequent 482 visa has now been repealed to reflect the decision that all streams of the Subclass 482 visa will have a pathway to permanent residence. Considering the changes, there is no need for preventing the making of multiple applications for the Subclass 482 visa in the Short-term stream in Australia. The instrument is registered on the Federal Register of Legislation on 24 November 2023 and commenced on 25 November 2023. It is currently in force. To access the instrument, click here.
Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023 dated23 November 2023 specifies 25 November 2023 as the end date of the COVID-19 Concession period introduced by the former Government on 19 September 2020, which provided various concessions in relation to visas as a response to the COVID-19 Pandemic. Regulation 1.15N was inserted in the Regulations on 19 September 2020 to make provision for concession period as part of Australia’s response to the COVID-19 Pandemic. Travel restrictions associated with the COVID-19 Pandemic made it difficult for visa applicants to satisfy some of the criteria and requirements for the grant of certain visas, including requirements in relation to where the applicant must be located at the time of visa grant. The COVID-19 Concessions Regulations amended the Migration Regulations to assist such temporary and provisional visa holders, who were affected by the consequences of the COVID-19 Pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn to meet visa requirements. All COVID-19 Pandemic-related international travel restrictions have now been lifted, and travellers to Australia no longer need to provide information in relation to their vaccination status or seek travel exemptions and hence it is appropriate to end the concession period. Applicants who applied for a visa during the concession period but who have not yet had a visa decision, for them the concessions still apply, and the concession provisions remain in effect for this legacy cohort. The purpose of Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023 is to specify 25 November 2023, as the day on which the COVID-19 Pandemic concession period ceases. The instrument is registered on the Federal Register of Legislation on 24 November 2023 and commenced on 25 November 2023. It is currently in force. To access the instrument, click here.
The Department of Home Affairs vide their email dated 3 November 2023 with subject line “Expanding Employer Sponsored Pathways to Permanent Residence (PR)” has informed all Registered Migration Agents about the Australian government’s plan to create clear pathways to PR for all Temporary Skill Shortage visa streams and for this purpose it is working on implementing changes to the Temporary Skill Shortage visa, Temporary Residence Transition stream (TRT) of the Employer Nomination Scheme and Regional Sponsored Migration Scheme. At present there are limited pathways to PR for temporary skilled visa holders, therefore the government has proposed the following changes to create clear pathways to PR for all TSS visa streams: Changes to the TSS visa will apply to new applications lodged on or after 25 November 2023 and changes to the Temporary Residence Transition (TRT) stream nomination requirements will apply to new ENS/RSMS nomination applications and applications that are yet to be finally determined as at 25 November 2023.
Migration (Visa Pre-application Process) Charge Act 2023 imposes a charge on a person registering to participate in a visa pre-application process. It amends the Migration Act 1958 to provide that a charge may be imposed on and paid by a person to become a registered participant in a visa pre-application process. The amount of charge imposed on the registration of a person as a registered participant in a visa pre‑application process will be prescribed by the regulations and the amount will be capped at $100 subject to indexation. The regulations may prescribe different amounts in relation to different visa pre‑application processes or different classes of visa pre‑application processes. The amount prescribed by the regulations in relation to a visa pre‑application process may be nil. The purpose of imposing a small charge for registration for some visa pre-application process will be to discourage vexatious and frivolous registrations and ensure those who register have a genuine intention to apply for the relevant visa if they are successful in the visa pre-application process. The Act is registered on the Federal Register of Legislation on 27 October 2023 and received Royal Assent on 26 October 2023. To know more, click here.
Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 enables the Minister to implement a visa pre-application process, involving random selection of eligible persons who will then be permitted to apply for a relevant visa. In order to engage Pacific nations and to strengthen ties among Australia and Pacific nations, the Australian Government has committed to the creation of a new class of visa, to be called the Pacific Engagement Visa (PEV), to provide access to permanent residence in Australia for an annual quota of citizens of certain Pacific countries and Timor-Leste. The creation of the PEV, and its application requirements and criteria for grant, requires to amend the Migration Act, as the Migration Act does not currently provide a framework for the Minister to conduct a visa pre-application process. The Act amends the Migration Act 1958 by inserting new subsection 46(4A) which prescribes that a pre-application process may be a requirement for a valid visa application. New subsection 46(4B) prescribes the visas that a pre-application process cannot be applied to The Act inserts new section 46C in the Migration Act, which establishes the legislative power for the Minister to arrange a visa pre-application process to be conducted in relation to one or more visas. New subsection 46C provides the detail for the visa pre-application process including the characteristics of the process, use of a computer program, associated Ministerial determination, eligibility requirements, visa pre-application charge and extra territorial application of this amendment. The Act is registered on the Federal Register of Legislation on 27 October 2023 and received the Royal Assent on 26 October 2023. To access the act, click here.
Migration Amendment (Biosecurity Contravention) Regulations 2023 dated 26 October 2023 amends the Migration Regulations 1994 to expand the cancellation ground for specified visa (visitor, student and temporary work visas) where the visa holder has contravened provisions of the Biosecurity Act. Migration Regulations prescribes grounds for cancellation of a visa for contraventions of certain provisions of the Biosecurity Act. This provision allows the Minister to cancel certain listed types of temporary visa which includes visitor, student, working holiday, maritime crew and temporary work visas, if the visa holder is in Australia and has not been immigration cleared, and the Minister reasonably believes that the visa holder has contravened the following subsections of the Biosecurity Act: The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment. The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations to expand the cancellation ground for specified visa (visitor, student and temporary work visas) where the visa holder has contravened subsection 186A(1) of the Biosecurity Act. Subsection 186A(1), provides that a person is liable to a civil penalty if: Conditionally non-prohibited goods may include goods such as meat or meat products, live animals and animal reproductive material, live plants, seeds, animal material and goods made of or containing animal material, plant products and goods containing or made of plants, infectious agents and microorganisms, and fungi and goods containing or made of fungi. The instrument is registered on the Federal Register of Legislation 0n 31 October 2023 and commenced on 1 November 2023. It is currently in force. To access the instrument, click here.
Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 23/070) Specification 2023 dated 29 September 2023 amends Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019 to increase the amount of savings international students will need in order to get a student visa from 1st October 2023. For an applicant seeking to satisfy the primary criteria for a student visa, the Minister may require the applicant to give to the Minister evidence of financial capacity that satisfies specified requirements to demonstrate that the applicant will have access to the funds while they are in Australia to support themselves throughout their studies. The evidence of financial capacity may include evidence of sufficient funds to cover travel costs, the living costs, and the course fees. These financial requirements for a student visa (subclass 500) and student guardian visa (subclass590) are updated from 1st October 2023 to ensure students coming to Australia to study can afford to support themselves and will not face increased risk of exploitation due to an urgent need for employment. The Australian Government has increased the amount of savings international students will need in order to get a student visa. This requirement was last indexed in 2019 (an increase from AUD20,290 to AUD21,041) and now again government considered it important to increase it to reflect higher living expenses in Australia. From 1st October 2023, the amount of savings international students will need in order to get a student visa has increased from AUD21,041 to AUD24,505. This means that the 12 month living costs for international students from 1st October 2023 will be $24,505 in savings, which is a 17% increase on current levels. The instrument also increases the level of amount of savings required to demonstrate the financial capacity of primary applicant for each secondary applicant making a combined application with the primary applicant: The instrument is registered on the Federal Register of Legislation on 9 September 2023. To access the instrument, click here.
As per the Free Trade Agreement Services Section within the Department of Foreign Affairs and Trade, the Innovation and Early Careers Skills Exchange Pilot (IECSEP) is a new visa pathway that will enable eligible UK citizens to take their next career step in Australia. IECSEP is one of a number of outcomes under this comprehensive free trade agreement that will deepen economic ties between the two countries. IECSEP offers two streams: IECSEP is a 2-year pilot and places will be limited to 1000 in 2023-24, and a further 2000 places in 2024-25. It is open for applications and will close on 20 November 2023. To be able to apply under this pathway, IECSEP applicants need to have a confirmed job in Australia and must remain with this employer for the duration of the visa. Applicants can undertake placements, secondments, graduate rotations or intra-company transfers between the applicant’s UK employer and any partnering Australian organisation. Alternatively, IECSEP applicants can commence a new role in Australia. Applicants who will work in regulated occupations in Australia must have current Australian occupational licencing without any conditions or restrictions. Applications to participate in the IECSEP will be processed by the Department of Foreign Affairs and Trade (DFAT). Successful applicants will be provided a letter of support by DFAT. This letter will enable the applicant to apply to the Department of Home Affairs for a Temporary Work (International Relations) subclass 403 visa (Government Agreement stream). To know more about IECSEP, click here. For any query regarding IECSEP, contact DFAT at aukfta.iecsep@dfat.gov.au