Migration (International trade obligations relating to labour market testing – India-Australia Economic Cooperation and Trade Agreement) Amendment Determination (LIN 22/105) 2022 dated 21 November 2022 inserts an additional international trade agreement, India-Australia Economic Cooperation and Trade Agreement (IAECTA), 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 instrument amends Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 which determines 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 a 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: The instrument amends LIN 21/075 to insert one additional international trade agreement, namely the India-Australia Economic Cooperation and Trade Agreement (IAECTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and India is called IAECTA. The Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 amends the Customs Act 1901 (the Customs Act) to implement the IAECTA. The instrument is registered on 23 November 2022 and commences on the later of the day after it is registered and the day on which Schedule 1 to the Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 (amendment) commences. However, this instrument will not commence if the amendment to the Customs Act does not commence. To access the instrument, click here.
Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022, dated 21 November 2022 inserts 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 instrument amends Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 which determines 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: The instrument amends LIN 21/075 to insert 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 instrument is registered on 23 November 2022 and commences on the later of the day after it is registered and the day on which Schedule 1 to the Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Act 2022 (amendment) commences. However, this instrument will not commence if the amendment to the Customs Act does not commence. To access the instrument, click here.
Good news for migrants waiting for skilled migration opportunity in Australia. Under South Australia Skilled and Business Migration Program, South Australia is going to nominate offshore applicants for over 470 occupations. Isn’t it exciting? South Australia is a state in the southern part of the country. Adelaide, Gawler, Mount Gambier, and Mount Barker are some major cities of the state. Every year, it generates multiple job opportunities for locals and offshore candidates. South Australian Skilled and Business Program South Australia has opened its skilled migration program for the financial year 2022-23 and has started getting positive response from offshore and onshore applicants. The South Australian Government has released a revised occupation list to give work opportunity in several sectors facing shortage of workers. Only skilled migrants will get priority who have work experience in in-demand industries, such as Engineering, Health, Trades, Agribusinesses and growing industries. How to Look Forward to Grab the Opportunity Applicants who are currently living offshore and seeking to move to South Australia can use SkillSelect to create an Expression of Interest or EOI. As your EOI will be reviewed by the South Australian Government, you may get invitation for state nomination for Subclass 190 (Skilled Nominated Visa, permanent) or Subclass 491 (Skilled Work Regional Visa, provisional). Applicants get the invitations based on their merits- After nomination, you get 14 days to submit your application. At the time of invitation, make sure that all the information in your SkillSelect EOI is up to date. Some Common Requirements for Nominations are- Factor Requirements Residency Applicants living in South Australia may apply for almost all streams in the program Applicants who live in Australia but not in South Australia can apply through the “Talent & Innovator Employment Stream” Offshore applicants can take a close look at the South Australian’s Skilled list Age Your age must not be above 45 Occupation The occupation must be listed on the South Australian’s Occupation list Skills Assessment Necessary to have a positive skill assessment Work Experience Depends on the type of occupation or it might be waived in some circumstances English Depends on the occupation you have applied for, however the minimum requirement is Competent English Points Although the minimum point set by the Department of Home Affairs of Australia is 65, higher point-score will increase the chances of invitation Other pathways are also opened to live and work in Australia. If you are a highly skilled migrant living offshore and ready to contribute to South Australia, you can directly register through the Highly Skilled and Talented Stream. If you want to discuss about the stream and other requirements/ criteria or wish to apply for EoI or visa application, feel free to contact us at +612 4626 1002 during business hours (9am to 6pm AEST – Sydney Time). You may also write to us at admin@mckkrs.com.au
The offer of temporary humanitarian stay by the Australian government to Ukrainian nationals has expired. The department now advises Ukrainians and their families that want to come to Australia or who are in Australia and wish to extend their stay to explore other visa options including the skilled, family, student, and visitor visa programs. To explore other visa options, click here.
In response to the multi-dimensional humanitarian crisis in Myanmar, Minister Giles has announced that Myanmar nationals currently residing in Australia and who have arrived with a valid visa will have their application for protection prioritized by the Department of Home Affairs. To know more, click here.
In response to the multi-dimensional humanitarian crisis in Myanmar, Minister Giles has announced that Myanmar nationals currently residing in Australia and who have arrived with a valid visa will have their application for protection prioritized by the Department of Home Affairs. To know more, click here
Migration Amendment (Subclass 191 Visas—Waiver of Conditions) Regulations 2022, dated 10 November 2022 amends the Migration regulations 1994 to enable family members of skilled workers to apply for subclass 191 visas without having to depart Australia by providing the ability to waive the‘No Further Stay condition’. The Subclass 191 visa has two streams namely the Regional Provisional stream and the Hong Kong stream. The primary applicants in the regional stream must hold a ‘pathway visa’ subclass 491 or 494. Likewise, the applicants in the Hong Kong stream must have valid subclass 457, 482, or 485 visas. In addition, the applicants of both streams are required to fulfill three years of residency requirements in a designated regional area of Australia. However, there are no such requirements for a secondary applicant (that is a member of the family unit) of a Subclass 191 visa who may be holding another visa that is subject to a No Further Stay condition. The instrument amends the regulations to enable the waiver of that No Further Stay condition and to allow family members and dependants of a subclass191 primary applicant to be added to the primary applicant’s onshore application without having to leave Australia. The instrument is registered on the Federal Register of Legislation on 11 November 2022 and commenced on 12 November 2022. It is currently in force. To access the instrument, click here.
Invitation Round: 31 October 2022 Matrix nominating Small Business Owners: 17 invitations 457 visa / 482 visa holders: 01 invitation Matrix nominating Critical Skill occupations: 186 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 221 invitations Invitations were not issued if the applicants have an active application in the system or have previously received an ACT nomination. The next Canberra Matrix invitation round will be held before 28 November 2022.
South Australia Skilled and Business Migration Program are increasing its nominations of offshore skilled migrants during 2022-23, with over 1,100 candidates already nominated to address urgent workforce shortages in South Australia. South Australia is nominating offshore applicants from over 470 occupations, so it is advised that the applicants must keep all the information in their SkillSelect EOI updated. To know more about offshore skilled migrants nomination, click here.
Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) dated 26 October 2022, amends the Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 to remove specification of Australian Agriculture Worker stream in Subclass 403 (Temporary Work (International Relations)) visas it has been repealed by the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations). The commencement of the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations) on 1 October 2022, repealed the AustralianAgricultural Worker stream from the Subclass 403 (Temporary Work (International Relations)) visa streams, however, prior to the commencement of this instrument, the Subclass 403 visa had six streams: As the Australian Agricultural Worker stream has been repealed, the stream will no longer be specified in LIN 22/009. The instrument was registered on the Federal Register of Legislation on 28 October 2022. To know more, click here.