Migration (Access to Movement Records) Instrument (LIN 23/015) 2023 dated 11 July 2023 specifies the prescribed Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records and the prescribed agencies and employees of the Commonwealth, a State or Territory, and the purpose for which those employees may access the movement records. The term ‘Movement Records’ means information stored in a notified data base, for the purposes of the Act in relation to the entry into, and departure of persons from, Australia since June 1981. The information generally includes a traveller’s name, date of birth, gender and relationship status, country of birth, departure and/or arrival date, travel document number and country, port code and flight/vessel details, visa subclass and expiry date, and the number of movements. Subsection 488(1) of the Migration Act 1958 (the Act) provides that a person must not read, examine, reproduce by any means, use, disclose by any means, any part of the Movement Records, otherwise than in accordance with an authority under subsection 488(2) of the Act where the Minister authorises it as it is required for the purposes of prescribed legislation and where the action is being performed by a prescribed employee of a prescribed agency for a prescribed purpose. Schedule 1 lists the Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records for subregulation 3.10A(1); and Schedule 2 lists the Commonwealth, State or Territory agencies, employees who can be authorised to access the movement records that would otherwise be prohibited under subsection 488(1) for paragraph 488(2)(g) of the Act and also specifies purposes for which such access is allowed. The instrument repeals Migration (LIN 20/033: Access to Movement Records) Instrument 2020 (LIN 20/033). The instrument is registered on the Federal Register of Legislation on 19 July 2023 and commenced on 20 July 2023. It is currently in force. To access the instrument, click here.
Compilation of Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021, dated 31 May 2023 incorporates the amendments made by Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022 to insert an additional international trade agreement, the Australia-United Kingdom Free Trade, (AUKFTA) Agreement in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The compilation incorporates the amendments made by LIN 22/098 to determine Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if: For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: LIN 22/098 inserts one additional international trade agreement, namely the Australia-United Kingdom Free Trade Agreement (AUKFTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and the United Kingdom of Great Britain and Northern Ireland is called AUKFTA. The Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Act 2022 amends the Customs Act 1901 (the Customs Act) to implement the AUKFTA. The compilation is registered on the Federal Register of Legislation on 26 June 2023 and commenced on 31 May 2023. To access the instrument, click here.
Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023 amends Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 to increase the maximum age for eligible United Kingdom applicants for a Subclass 417 visa, from 30 to 35 years. Subitems 1225(1) and (3) of Schedule 1 to the Regulations require that the application for a subclass 417 visa must be made using the approved form, at the place and in the manner, specified in relation to a class of persons that includes the applicant in a legislative instrument made under subregulation 2.07(5) of the Regulations. (LIN 22/051) prescribes the requirements that an applicant for a subclass 417 visa must meet to make a valid visa application and the time of application criteria for the Subclass 417 (Working Holiday) visa. Part 417 of Schedule 2 to the Migration Regulations sets out the criteria which an applicant must satisfy to be granted a Subclass 417 visa, including: This instrument (LIN 23/047) updates the younger age specified for working holiday eligible passports issued by United Kingdom, to increase the eligible age for British applicants for a subclass 417 visa to the maximum of 35 years of age. The instrument is registered on the Federal Register of Legislation on 29 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration Amendment (Extension of Subclass 485 Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023 dated 19 June 2023 amends the Migration Regulations 1994 to allow certain Subclass 485 (Temporary Graduate) visa holders an additional duration of stay in Australia and increase permitted work hours for Subclass 500 (Student) visa holders, and holders of associated bridging visas, from 40 hours to 48 hours per fortnight to allow holders of this visa to gain valuable work experience in Australia and contribute to Australia’s workforce needs. From 1 July 2023, the stay in Australia for subclass 485 holders with select degrees as specified in a legislative instrument (to be reviewed on annual basis) including science, medicine, health care, engineering and technology will be increased by two years. There is an exception for Hong Kong passport holders and British National (Overseas) passport holders, who are granted a PSW visa valid for five years regardless of their qualification. For first Subclass 485 (Temporary Graduate) applications lodged from 1 July 2023, an additional period of two years will be added to the standard visa period. Eligible applicants applying, from 1 July 2023, for a Temporary Graduate visa in the Replacement stream, or in the Post-Study Work stream on the basis of study and residence in regional Australia, will also be granted the additional two years, if it has not been provided on a previous Temporary Graduate visa. An additional Temporary Graduate visa in the Post-Study Work stream will be available at no cost, for eligible visa holders who have not previously been provided with the extended visa duration on a previous Temporary Graduate visa. These amendments aims to support businesses across the country and help rebuild the international education sector following the pandemic. It is a practical change that will increase the availability of a well-trained and highly capable workforce to help ease current pressures. The regulations have also increased the permitted hours of work for holders of Subclass 500 (Student) visas, and for holders of associated bridging visas, from 40 hours per fortnight to 48 hours per fortnight. This is a modest and realistic increase to the permitted hours of work, and will assist in ensuring the ongoing integrity of the overseas student program. The instrument is registered on the Federal Register of Legislation on 21 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration Amendment (Visa Application Charges) Regulations 2023 dated 19 June 2023 specifies the increased visa application charges for majority of visas that will apply from 1 July 2023. The new VACs are in accordance with the Consumer Price Index (CPI) and implement the Migration – Uplift of Visa Application Charges Budget measure. The affected VACs are increased from their 2022‑23 baseline amounts by the 2023-24 forecast CPI of 3.25%. Visitor, working holiday, work and holiday, training, temporary activity, and temporary work (short stay specialist) visas are increased by a further 21% in addition to CPI. Business innovation and investment visas are increased by a further 46% in addition to CPI. The remaining visas are increased by 6% in addition to CPI. The exception to this additional increase is the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility (PALM) stream which has been indexed in line with CPI only, as a reflection of the Government’s commitment to building ties with the nations of the Pacific and Timor-Leste. The new VAC amounts are also rounded to the nearest $5 according to the following methodology: The amount of the increase in these items does not exceed the applicable charge limit set out in the Migration (Visa Application) Charge Act 1997. The purpose of this amendment is to increase visa application charges (VACs) for certain visas as a consequence of the 2017-18 Budget Measure Indexation of visa application charges and 2023-24 Budget Measure Uplift of Visa Application Charges. The increased revenue generated will fund costs associated with improving visa processing including ensuring the timeliness of visa processing. The instrument is registered on the Federal Register of Legislation on 22 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration Amendment (Subclass 189 (Skilled—Independent) Visa in the New Zealand Stream) Regulations 2023 dated 19 June 2023 amends the Migration Regulations 1994 to permanently close the Subclass 189 (Skilled – Independent) visa in the New Zealand stream to new applications as they may now apply directly for citizenship. The New Zealand stream of the Subclass 189 (Skilled – Independent) visa provided a permanent residence option for New Zealand citizens who demonstrated commitment to Australia, including residence in Australia for at least five years. On 10 December 2022, the permanent Subclass 189 New Zealand stream visa was temporarily closed to new applications from primary applicants from 10 December 2022 until 30 June 2023, while the Government considered options for New Zealand citizens. On 22 April 2023, in recognition of the long standing, close and special bilateral relationship that exists between Australia and New Zealand, the Prime Minister, the Hon Anthony Albanese MP, announced a direct pathway to Australian citizenship for New Zealand citizens living in Australia. From 1 July 2023, New Zealand citizens holding a Subclass 444 Special Category visa who arrived in Australia after 26 February 2001 and who have been living in Australia for four years or more will be eligible to apply directly for Australian citizenship by conferral without the requirement to hold a permanent visa, making the New Zealand stream of the Subclass 189 (Skilled – Independent) visa unnecessary. Partners and dependent children of a New Zealand stream primary applicant will continue to be permitted to make an application for a Subclass 189 (Skilled – Independent) visa after 10 December 2022 provided the primary applicant’s application is undecided. The amendments made by the Amendment Regulations also omit criteria relating to residence, income and health that do not apply to any on-hand applications as these criteria are now redundant. The instrument is registered on the Federal Register of Legislation on 23 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
The Department of Home Affairs vide their email dated 21 June 2023 has informed all the migration agents that as there is no legislative instrument in place specifying a minimum income threshold for Permanent Residence (Skilled Regional) visa (subclass 191), there is no minimum income requirement for this visa. The Permanent Residence (Skilled Regional) visa in the Regional Provisional Stream is the pathway to permanent residence for eligible holders of the Skilled Work Regional (Provisional) (subclass 491) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas. This visa allows people who have lived and worked in designated regional areas of Australia on an eligible visa, live and work in Australia permanently provided that they must have complied with the conditions of their eligible visa. There was some confusion related to the requirement of minimum income threshold for Permanent Residence (Skilled Regional) visa (subclass 191). It must be noted that for Permanent Residence (Skilled Regional) visa (subclass 191), there is no minimum income requirement, as there is no legislative instrument in place specifying a minimum income threshold for this visa. The change in TSMIT would not affect the eligibility of applicants for Subclass 191 visas by changing the minimum income threshold required for eligibility. However, the primary applicants for sc191 visa must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of their eligible visa. Primary applicants who have already lodged should check and ensure their application provides these three notices. The Australian Government is committed to a simpler migration system that serves national interest and which helps migrants already living and working in Australia with the skills that Australia needs to thrive by providing clarity on their prospects for permanent residence.
Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 23/004) 2023, dated 19 June 2023 specifies the Australian dollar and exchange rate of 1.00000 for a number of fees and charges payable in relation to visa applications. The purpose of the instrument is to specify, that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar and exchange rate of 1.00000 to A number of fees and visa application charges are payable in relation to visa applications under the Regulations. Under subregulation 5.36(1A) of the Regulations, the amount of certain fees payable in a foreign currency is worked out on the basis of: The Department bi-annually reviews Acceptable Currencies and Foreign Currency Exchange Rates (AC&FCER) and accordingly updates foreign currency instruments made for paragraphs 5.36(1)(a), (b) and (1A)(a) of the Regulations. During the current bi-annual review, it was identified that due to Department progressive shift from paper applications and cash transactions to electronic applications and payments through the IMMI account platform, the number of foreign currency transactions and the use of foreign currency exchange rates have considerably reduced. Foreign currency data indicated that in the 2019-20 financial year, there were 8,081 foreign currency transactions made in 32 currencies, for a total of AUD$32.054 million. Comparatively, in the 2022-23 financial year (to 31 January 2023) there were five foreign currency transactions in one currency for a total of AUD$728. As only five foreign currency transactions have been made in the 2022-23 financial year, these were very few transactions to support the continued specification of additional foreign currencies and foreign currency exchange rates. The instrument is registered on the Federal Register of Legislation on 20 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration (Places and currencies for paying of fees) Instrument (LIN 23/005) 2023 dated 19 June 2023 repeals Migration (Places and currencies for paying of fees) Instrument (LIN 22/004) 2022 (No. 2) and specifies that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar. A number of fees and visa application charges are payable in relation to visa applications under the Regulations. Subregulation 5.36(1) of the Regulations prescribes certain requirements with respect to the payment of a fee, other than a visa application charge. The Department bi-annually reviews Acceptable Currencies and Foreign Currency Exchange Rates (AC&FCER) and accordingly updates foreign currency instruments made for paragraphs 5.36(1)(a), (b) and (1A)(a) of the Regulations. During the current bi-annual review, it was identified that due to Department progressive shift from paper applications and cash transactions to electronic applications and payments through the IMMI account platform, the number of foreign currency transactions and the use of foreign currency exchange rates have considerably reduced. Foreign currency data indicated that in the 2019-20 financial year, there were 8,081 foreign currency transactions made in 32 currencies, for a total of AUD$32.054 million. Comparatively, in the 2022-23 financial year (to 31 January 2023) there were five foreign currency transactions in one currency for a total of AUD$728. As only five foreign currency transactions have been made in the 2022-23 financial year, these were very few transactions to support the continued specification of additional foreign currencies and foreign currency exchange rates. The purpose of the instrument is to specify, that payment of a fee in relation to visa applications in Australia or a foreign country be made in the Australian dollar to The instrument is registered on the Federal Register of Legislation on 20 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023, dated 31 May 2023 amends the Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022 with the purpose to extend permanent resident status to all New Zealand citizens who hold an SCV and to backdate permanent resident status for existing SCV holders. The purpose of the instrument is to determine New Zealand citizens who hold or have held a special category visa (SCV) and have satisfied specific requirements to be permanent residents for the purposes of the Act. The instrument removes the requirement for an SCV holder to also be a ‘protected SCV holder’ within the meaning of the Social Security Act 1991. Paragraph 5(1)(c) of the Citizenship Act provides that a person is a permanent resident at a particular time if the person is covered by a determination in force under subsection 5(2) at the time. Subsection 5(2) of the Citizenship Act provides that the Minister may, by legislative instrument, determine that: and who satisfy specified requirements are, or are during a specified period, persons to whom subsection 5(2) applies. Under the new instrument (LIN 23/024) 2023): Subsection 5(2) applies to New Zealand Citizen who hold a special category visa and who has held a special category visa and is outside of Australia but not because the person was removed or deported from Australia under the Migration Act 1958; immediately before last leaving Australia, was the holder of a special category visa; or a special purpose visa taken to have been granted on the basis of the person’s status as an airline crew member or an airline positioning crew member and such person is The above arrangements do not apply to a person who is in Australia as a diplomatic or consular representative of NZ or is the spouse or dependent child of a diplomatic or consular representative of NZ. The instrument is registered on the Federal Register of Legislation on 2 June 2023 and will commence on 1 July 2023. To access the instrument, click here.