Canberra Matrix open to Canberra residents only. 457 visa / 482 visa holders: 14 invitations 457 visa / 482 visa holders: 14 invitations ACT 491 nomination: 7 invitations Matrix nominating Critical Skill occupations: 91 invitations ACT 190 nomination: 85 invitations ACT 491 nomination: 6 invitations Invitations were not issued for an occupation if the monthly cap was met. The next Canberra Matrix invitation round will be held on or before 23 October 2020.
Migration Regulations 1994, as amended by Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 to provide assistance to temporary and provisional visa holders who have been affected by the COVID-19 pandemic due to travel restrictions or restrictions imposed on businesses, was compiled and registered on the Federal Register of Legislation on 07 October 2020. The amendment defines a concession period, termed as ‘the initial concession period’ commencing from 01 February 2020. The provisions regarding Subclass 887 (Skilled—Regional) visas, Subclass 888 (Business Innovation and Investment (Permanent)) visas, Subclass 790 (Safe Haven Enterprise) visas, and Subclass 485 (Temporary Graduate) visas, along with certain transitional provisions were also amended. These provisions are in effect from 19 September 2020 and accordingly, are currently in force. To access the full Regulations, click here.
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018, as amended by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas, was compiled and registered on the Federal Register of Legislation on 30 September 2020. Due to a transcribing error in the compilation, it was communicated that vacancies for the nominated occupations for certain skilled visas must be advertised on JobActive, in addition to one or more other advertisements. However, the error has been fixed and accordingly, sponsors who are considering nominating overseas skilled workers for employment on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa after 30 September 2020 are recommended to advertise the vacancies for the nominated occupations on JobActive, in addition to at least 2 other advertisements. To access the full compilation, click here.
Australian Citizenship Act 2007, as amended by Australian Citizenship Amendment (Citizenship Cessation) Act 2020 (No. 88, 2020) to update provisions regarding Citizenship renunciation and revocation and Citizenship cessation determinations, has been compiled and registered on the Federal Register of Legislation on 08 October 2020. The amendment incorporates new provisions regarding citizenship cessation determination for certain conduct, declared terrorist organisation, citizenship cessation determination for certain convictions, public interest in making or revoking citizenship cessation determinations, notice of citizenship cessation, determination that notice of citizenship cessation should not be given, revocation of citizenship cessation determination on application to Minister, revocation of citizenship cessation determination on Minister’s initiative, automatic revocation of citizenship cessation determination, and no resumption of citizenship if citizenship ceases under the above provisions. These provisions are in effect from 18 September 2020 and accordingly, are currently in force. To access the modified compilation of Citizenship Act, click here.
As part of the Federal Budget 2020-2021 announcement on 06 October 2020, the Government has indicated introduction of a new requirement to learn English language for partner visa applicants and their sponsors from late 2021. These changes are aimed towards maximising job prospects in Australia, and enhancing social cohesion. If legislative changes are made to this effect, new partner visa applicants and their sponsors will be required to meet functional English requirements or demonstrate that they have made reasonable efforts to learn English by various means, such as completing 500 hours of free English language classes through the Adult Migration English Program. Further, this requirement will apply at time of the permanent visa and not the provisional visa. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “While the ability to speak multiple languages is a great asset for an individual and for Australia, a person will struggle to fully participate in our society and democracy without basic English. These new measures will provide further opportunity for migrants and new citizens to maximise their opportunities in Australia.”
On 06 October 2020, Federal Budget 2020-2021 was delivered by the Morrison Government outlining Australia’s economic recovery plan with focus on protecting Australians, securing the borders, providing resources to recover from the impact of Covid-19 pandemic. As part of the plan, the Government announced measures regarding National Security, cyber security strategy, critical infrastructure and systems of national significance, operation sovereign borders, simplified trade system, modern slavery, immigration and social cohesion. Regarding migration program 2020-2021 allocations, the following announcements were made: Migration ceiling to remain at 160,000 places Global Talent Independent program allocation increased to 15,000 places Business Innovation and Investment Program (BIIP) increased to 13,500 places Family stream planning level set at 77,300 places, of which 72,300 allocated to the Partner category Humanitarian Program allocation set at 13,750 places In addition, the Government has also announced support in form of refunding Visa Application Charge (VAC), granting waivers and/or visa extensions to visa holders, including prospective marriage visa holders, temporary work visa holders, Pacific Labour Scheme and Seasonal Worker Programme visa holders, visitor visa holders, and Working holiday makers, who have been unable to travel to Australia due travel restriction in place due to COVID-19 pandemic. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “A carefully managed Migration Program is an important part of Australia’s economic recovery and will create jobs and bring high value investment to help Australia rebound from COVID-19.”
According to information released by the Department of Home Affairs on 11 September 2020, under Freedom of Information request (FOI), the interim nomination allocations or States and Territories for Skilled Nominated visa (Subclass 190), Skilled Work Regional (Provisional) visa (Subclass 491), Skilled Regional (Provisional) visa (Subclass 489) and Business Innovation and Investment Program for 2020-21 Program Year is as follows. 2020-21 Interim Allocation Subclass 190 State/Territory Skilled Nominated Subclass 491 and 489 Skilled Work Regional (Provisional) Business Innovation and Investment Program Australian Capital Territory 250 45 4 New South Wales 550 150 200 Victoria 600 200 400 Queensland 200 200 160 Northern Territory 80 80 5 Western Australia 200 40 70 South Australia 300 600 180 Tasmania 250 400 5 Total 2,430 1,715 1,024 Under the Freedom of Information Act 1982, there is a general right of access to information held by Commonwealth Departments and Authorities. If you have any questions or are seeking more information, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney who can help you.
Business and Skilled Migration Queensland (BSMQ) has opened the State Nomination for Business Program and Skilled Migration Program from Tuesday 29 September 2020 until Monday 05 October 2020 to consider decision-ready applications in a COVID-19 priority area. While the Business Program is open to onshore and offshore applicants, the Skilled Migration Program is open only to onshore applicants in Queensland. During this period, only new Expression of Interests (EOIs) lodged on SkillSelect from Tuesday 29 September 2020 will be considered for nomination. Further, the applicants must be prepared to upload all supporting documents in 24 hours if an invitation is made. BMSQ will conduct priority processing for: Subclass 132 – Significant Business History stream Subclass 188 – Business Innovation stream Subclass 188 – Significant Investor stream Subclass 188 – Entrepreneur stream Subclass 491 – Small business owners’ pathway applications or where visa applicants have worked in their nominated occupation in a Regional Area of Queensland for at least 3 months Subclass 190 – where visa applicants have worked in their nominated occupation in Queensland for at least 6 month To know more, click here.
On 18 September 2020, Australian Government announced re-appointments of 16 members to the Administrative Appeals Tribunal (AAT) comprising 1 full-time senior member, 3 full-time members, and 12 part-time members. The AAT is an Executive Tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws. The Migration and Refugee Division of the AAT acts according to substantial justice and the merits of the migration cases, to resolve, in accordance with the law and its own published procedures, applications for review of a primary decision of refusal or cancellation by the Department of Home Affairs. The Attorney-General, the Hon Christian Porter MP said, “All of the appointees are highly qualified to undertake the important task of conducting merits review of government decisions.”
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018, as amended by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas, has been compiled and registered on the Federal Register of Legislation on 30 September 2020. Accordingly, sponsors who are considering nominating overseas skilled workers for employment on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa after 30 September 2020 will have to advertise the vacancies for the nominated occupations on JobActive, in addition to one or more other advertisements for at least 4 weeks. To access the full compilation, click here.