Victoria has announced opening of Victorian skilled visa nomination program (Subclass 190 and Subclass 491) and business and investor visa nomination program (subclass 188 and 132) for 2020-21 program year from 08 September, 2020. However, the interim skilled nomination program is only open up to 05 October 2020 for Victorian residents, until the Federal Budget is delivered on 06 October 2020. The State has also announced the change in way of selecting applicants for the skilled visa nomination and accordingly, the new process will focus on talent and contribution to Victoria’s economic recovery from impact of Covid-19, along with information in Expression of Interests (EOIs). During this period, the State is aiming to select applicants to apply for visa nomination only if their Registration of Interest demonstrates they are working in health or medical research and contributing to Victoria’s economic recovery or health response. However, no substantial changes have been made to the existing nomination criteria for business program, except for one additional requirement that all business and investment activity must contribute to Victoria’s economic recovery or health response. Interested and eligible candidates must submit Registration of Interest or application by 5pm AEST, 21 September 2020. More information on the State nomination program will be available after receiving advice from the Department of Home Affairs after 06 October 2020
The Department of Home Affairs updates occupation ceiling value for 2020-21 program year and the invitations issued up to 11 August 2020. An occupation ceiling is applied for occupation on the list of eligible skilled occupations by four-digit ANZSCO code unit group, for invitations issued under the independent, skilled regional (provisional) visas. An occupation ceiling limits the number of Expression of Interest (EOIs) that can be invited for skilled migration from a listed occupation group to ensure distribution of occupations across the skilled migration program. However, the occupation ceilings do not apply to State or Territory Nominated, Employer Sponsored or Business Innovation and Investment visa subclasses. Some of the occupations with least occupations ceiling are: Occupation ID Description Occupation Ceiling Value 2020-21 Invitations to 11 August 2020 1341 Child Care Centre Managers 1,000 0 2111 Actors, Dancers and Other Entertainers 1,000 0 2211 Accountants (subject to pro rata arrangements) 1,000 0 2321 Architects and Landscape Architects 1,452 0 2331 Chemical and Materials Engineers 1,000 0 2514 Optometrists and Orthoptists 1,000 0 2525 Physiotherapists 1,685 <20 2535 Surgeons 1,000 0 2725 Social Workers 1,862 0 3241 Panelbeaters 1,862 0 3941 Cabinetmakers 1,694 0 4523 Sports Coaches, Instructors and Officials 1,262 0 To access the full list of occupation ceilings, click here.
Migration Amendment (Hong Kong Passport Holders) Regulations 2020 dated 20 August 2020 [“the Regulations”] amends Migration Regulations 1994 to implement policy changes relating to visas for Hong Kong passport holders. The Regulations amend Reg 482.511 of the Migration Regulations and defines a temporary visa permitting the holder to travel to, and enter, Australia and to remain in Australia during the period that starts when the visa comes into effect and end of the visa period. The Regulations also outline provisions applicable to Subclass 457 visas, Subclass 482 visas granted before 9 July 2020, Subclass 482 visas granted on or after 9 July 2020, and Subclass 485 visas granted before 9 July 2020, for Hong Kong passport holders. The Regulations are registered on the Federal Register of Legislation on 21 August 2020 but as per Section 2 of the Regulations, they commence from 09 July 2020 and accordingly are in effect now. To access the full Regulations, click here.
Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 dated 31 August 2020 [“the Instrument”] proposed to amend Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to include additional requirement for undertaking labour market testing (LMT) for various employer sponsored visas. According to the Instrument, the nominated positions for various eligible occupations must be advertised on the Jobactive website (http://www.jobactive.gov.au), which is a Government website. Other requirements for conducting labour market testing, including making at least 2 advertisements, made or authorised by the approved sponsor, remain the same. The Instrument also specifies that it applies to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument. It also specifies that any nomination made before this period will continue to be governed by the existing provisions, i.e., the requirement to advertise the position on the Jobactive website will not be applicable during this period. The Instrument is registered on the Federal Register of Legislation on 02 September 2020 and as per Section 2 of the Instrument, it came into effect from the day after it was registered, i.e. 03 September 2020. Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. Thus, the compilation of Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 dated 16 November 2019, which is currently in effect, has been amended by the Instrument. To access the full Instrument, click here. To access the latest version of relevant instrument in force, click here.
Migration Act 1958 (Cth) has been compiled to incorporate the text of the law as amended and in force on 11 August 2020, taking into account amendments up to Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth). Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) amended the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance, including transitional arrangements, registration periods, redundant provisions, requirement for applicants to provide further information, fees and charges in, and other amendments. To access the amended and complied Act, click here.
Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 07 September 2020 [“the Instrument”] outlines event, classes of persons and Visa Application Charge (VAC) for COVID-19 Pandemic event visa. Covid-19 Pandemic Event visa was introduced vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020, to allow temporary visa holders to stay and maintain their lawful status in Australia when they are unable to leave Australia due to travel restrictions in place during Covid-19 pandemic and are ineligible to apply for any other visa. The Instrument is registered on the Federal Register of Legislation on 07 September 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 08 September 2020 and accordingly is in effect now. The Instrument applies to Subclass 408 visa application that is either made on or after commencement of this instrument or made but not finally determined before commencement of this Instrument. To access the full Instrument, click here.
Citizenship (LIN 20/084: Class of Persons Who May Receive a Pledge of Commitment) Instrument 2020 dated 12 August 2020 [“the Instrument”] provides authorised class of persons who may receive a Pledge of Commitment as a Citizen of the Commonwealth of Australia. The Instrument updates the classes of persons who are able to receive pledge of commitment and accordingly, repeals the Australian Citizenship (LIN 19/066: Persons Who May Receive a Pledge of Commitment) Instrument 2019 dated 03 January 2019. Pledge of commitment is the Australian citizenship pledge that people make at a citizenship ceremony, to accept the responsibilities and privileges of Australian citizenship. The Instrument is registered on the Federal Register of Legislation on 07 September 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 08 September 2020 and accordingly is in effect now. To access the full Instrument, click here.
Australian Government has announced the Priority Migration Skilled Occupation List that gives priority to certain occupations for Employer Nomination Scheme (ENS) visa and other work visa applications, including Temporary Skill Shortage (TSS) visa, Skilled Employer Sponsored Regional (Provisional) visa and Regional Sponsored Migration Scheme (RSMS) visa. The List identifies 17 occupations required to fill critical skills needs aimed at supporting Australia’s economic recovery from the pandemic. The Department mentions that the list is temporary and priority occupations may change as based on support that Australian business need to fill critical skills. As such, temporary visa holders who were ineligible to travel to Australia amid Covid restrictions, are eligible to travel if the occupation is on the list. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “Our priority is getting Australians back into work but we also need key health workers to help fight the virus and skilled migrants who are going to be job multipliers, to help the economy recover.” He also said, “Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.” To see the list of the 17 priority occupations, click here. The temporary visa holders are required to obtain a travel exemption from the Australian Border Force (ABF) prior to travelling to Australia.
Canberra opens Matrix to Canberra residents only. Invitation Round: 20 August 2020 26 Invitations issued to 457 visa / 482 visa holders. 145 invitations issued to Matrix nominating critical occupations. The next invitation round will be held on or before 01 September 2020. List of occupations for the Invitation Round is as below: Advertising, Public Relations & Sales Early Childhood (Pre-prim.) Teachers Finance Managers Occupational Therapists Construction Managers G P and Resident Medical Officers ICT Managers Registered Nurses Other Hospitality, Retail and Service ICT Business & Syst. Analysts Managers Software and Applications Prog. Accountants Capped Database and Systems Administrator Financial Investment Adv. Computer Network Professionals Human Resource Prof. ICT Support & Test Engineers Advertising & Marketing Prof. Solicitors Public Relations Professionals Psychologists Architects & Landscape Arch. Social Professionals Graphic, Web Designers & Illustrators Social Workers Civil Engineering Professionals Welfare, Recreation and Comm. Arts
Federal Government resumes citizenship testing and interviews in Perth, Sydney, Brisbane and Adelaide which were earlier suspended due to restrictions imposed in response to COVID-19 pandemic. With COVID-19 restrictions easing throughout Australia, the Councils are given a go-ahead to resume conducing the citizenship ceremonies in-person in accordance the public gathering limits put in place by the individual States and Territories,in addition to being conducted online. Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “More migrants can now continue to progress towards becoming Australian citizens, joining the record number of people who pledged their allegiance to Australia last year… We acted quickly to ensure citizenship ceremonies continued online when COVID-19 hit and we restarted in-person ceremonies in June.” According to sources, more than 1150 people have attended a citizenship appointment since they resumed in Perth on 06 July 2020.The Government is also expecting to resume appointments in Canberra, Hobart and Darwin throughout August.