As part of the national pilot program, the Government is testing the possibility of having International students return to Australia during the COVID-19 pandemic. The pilot aims to bring 300 students to a university in Adelaide in September to revive the higher education sector in Australia. The students are expected to fly from Singapore and will have to undergo a mandatory quarantine on arrival.Senator Birmingham said, “It's being done with the utmost safety requirements in place… We have successfully demonstrated, particularly states like South Australia, that they can return Australians from all corners of the world, safely quarantining them, and provide no exposure to the South Australian community in that process,so the same cautious and careful approach is being brought to bear when it comes to international students.” Previously, Australian Capital Territory (ACT) postponed the initiation of its pilot program to offer International students a safe passage into the country ‘until there is a clearer picture around the COVID-19 trajectory’ in light of the outbreak in Victoria.
The recent actions of a detainee in immigration detention, who was caught viewing and distributing images of child exploitation material on his mobile phone, has re-emphasised the need for granting mobile phone seizure powers to the authorised officers in immigration detention facility. Earlier, on 14 May 2020, the Government had introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth). The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture with the aim to regulate the possession of certain items to ensure that an immigration detention facility is a safe and secure environment for staff, detainees and visitors. The Bill also proposes to define prohibited things to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices for this purpose. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The case highlights why stronger laws are needed to allow Australian Border Force to search for and seize mobile phones from immigration detainees…Yet under current laws, officers are not legally able to search for or seize mobile phones, even if they know they are being misused. The current laws also prevent officers searching for and seizing items that are illegal, such as illicit drugs or extremist material.”
When you apply for your visa, you will be required to confirm that you will respect Australian values and obey Australian laws by signing or accepting the Australian values statement. And, if you don’t sign the Australian values statement, your application might be delayed or we might refuse your visa. We can consider an exception only in compelling circumstances. Essentially, whenever you apply for a new visa, you will be required to sign or accept the Australian values statement. When you apply for a visa online, selecting the Australian values statement button will let the Department of Home Affairs know you and any dependants included in your application understand and agree with the Australian values statement. For paper applications, the Australian values statement forms part of the general declaration section of your application. When you sign the application you also agree with the Australian values statement. There are 2 versions of the Australian values statement. The version you must sign depends on what visa you apply for. These examples are highlighted below: When you apply for a temporary visa For most temporary visa applications, the Australian values statement is: I will respect Australian values as listed on this form, during my stay in Australia and will obey the laws of Australia. When you apply for a permanent or provisional visas For permanent or provisional visa applications, the Australian values statement is: I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values. I understand: Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background the English language, as the national language, is an important unifying element of Australian society. I undertake to respect these values of Australian society during my stay in Australia and to obey the laws of Australia. I understand that, if I should seek to become an Australian citizen: Australian citizenship is a shared identity, a common bond which unites all Australians while respecting their diversity Australian citizenship involves reciprocal rights and responsibilities. The responsibilities of Australian Citizenship include obeying Australian laws, including those relating to voting at elections and serving on a jury. If I meet the legal qualifications for becoming an Australian citizen and my application is approved I understand that I would have to pledge my loyalty to Australia and its people. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of applying for a visa and you wish to learn more about your obligations when you arrive in Australia, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
On 20 August 2020, South Australia announced that the State will publish state nomination requirements for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) on 27 August 2020, and accordingly will start reviewing ‘Expression of Interests’ (EOIs) from 31 August 2020 and sending invitations to submit an online application. Prospective applicants for General Skilled Migration will be able to lodge an Expression of Interest (EOI) through the Department of Home Affairs SkillSelect system, to support and prioritise State’s economic recovery. Similarly, the State will publish state nomination requirements for business migration, Subclass 188 and Subclass 132 visa nominations on 27 August 2020, and accordingly will start reviewing ‘Intention to Apply’ submissions from 07 September 2020 and sending invitations to submit an online application. On 11 August 2020, the State has received update regarding interim allocation places for General Skilled Migration and Business Migration program for the financial year 2020-2021 and will provide limited number of visa nominations until the delivery of the Federal Budget on 6 October 2020.
The Ministry of Customs, Community Safety and Multicultural Affairs has decided to establish an advisory group for a Migration Advice Industry, to provide expert advice to the Commonwealth Government on matters relating to migration, including potential reforms to the legislative framework which govern the migration industry. As part of providing expert advice to the Australian Government, the group may be required to: support the review of various Instruments related to Migration Agents undertaken by the Department of Home Affairs, including the Migration Act 1958, the Migration Agents Regulations 1998 (the Regulations) and related instruments provide expert advice to develop a world class migration advice industry in Australia including suggesting improvements to the current qualification standards, professional standards and addressing misconduct and unlawful activity assist in defining the strategy for engagement with the industry provide fair and frank advice on matters related to the efficient functioning and growth of the migration industry The group is to comprise 18 formal members from varied backgrounds including include migration agents (legal and non-legal), academics, community and the government sectors. The Government is seeking nominations for membership from experts with demonstrated practical experience in the migration advice industry. If you are interested in sending your nomination, submit the Nomination form here. The deadline to file the nominations is 5pm Friday, 4 September 2020. To read the full announcement, click here.
Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies work and areas for Subclass 462 (Work and Holiday) visa. The Instrument specifies and outlines the kind of work in fishing and pearling work and tree farming and felling work; tourism and hospitality work; plant and animal cultivation work and construction work; bushfire recovery work; critical COVID-19 work in the healthcare and medical sectors for the purpose of Regulation 1.15FA of the Migration Regulations 1994. Schedule 4 of the Instrument also specifies different areas of Australia for the purpose of various specified works. Bushfire recovery work as specified by the Instrument includes construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies kinds of work and places for the Working Holiday (Temporary) (Class TZ) (Subclass 417) visa. The Instrument specifies fishing and pearling work, tree farming and felling work, plant and animal cultivation work, construction work and mining work as specified work for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. The Instrument also specifies bushfire recovery work, including construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. Further, in light of the ongoing COVID-19 pandemic, the Instrument also specifies critical COVID-19 work in the healthcare and medical sectors, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. This includes work related to medical treatment, nursing, contact tracing, testing and research; and support services such as cleaning of medical and health care facilities and equipment. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
In ordinary circumstances, the description of ‘Member of the family unit’ provided under Regulation 1.12(2) of the Migration Regulations 1994 is applicable as a general rule for migration purposes. Regulation 1.12(2) states: “A person is a member of the family unit of another person (the family head) if the person: (a) is a spouse or de facto partner of the family head; or (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: i. has not turned 18; or ii. has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or iii. has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or (c) is a dependent child of a person who meets the conditions in paragraph (b).” Accordingly, in order to be considered as a member of a family unit in general visa situations, other than protection, refugee and humanitarian visas, you will have to be a direct family member of the applicant. This includes a spouse or child under the age of 18 of the main applicant, or a dependent child until the age of 23 years where you are a financially dependent on your family for support. Further, in certain situations where the child is over the age of 23 years but is physically or mentally disabled and is reliant on parents for their support, may be considered as a dependent. For the purpose of protection visas, refugee visas and humanitarian visas, namely Protection (Class XA) visa, Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa, Safe Haven Enterprise (Class XE) visa, Resolution of Status (Class CD) visa, Temporary Safe Haven (Class UJ) visa, Temporary (Humanitarian Concern) (Class UO) visa, Territorial Asylum (Residence) (Class BE) visa, Regulation 1.12(4) provides: “A person is a member of the family unit of another person (the family head) if the person is: (a) a spouse or de facto partner of the family head; or (b) a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (c) a dependent child of a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (d) a relative, of the family head or of a spouse or de facto partner of the family head, who: i. does not have a spouse or de facto partner; and ii. is usually resident in the family head’s household; and iii. is dependent on the family head.” It is pertinent to note that wording of Regulation 1.12(4) differs from Regulation 1.12(2) in the sense that Regulation 1.12(4) provides a broader definition of member of the family unit protection, refugee and humanitarian visas, including children over the age of 18 and relatives who may be residing with the family head. Further, it is also important to know that the language used in the Regulations is gender neutral which may extend to include same sex relationships and other types of non-confirming relationships. If you have any questions or are seeking migration advice to bring your dependents to Australia, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
On 11 August 2020, announced that the State has received update regarding interim allocation places for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and Business Migration program for the financial year 2020-2021. The allocation is expected to be limited with priority being given to support State’s economic and public health recovery. With this background, the State is finalising the program requirements and application processes and expecting to open applications in late August 2020. The applications will be prioritised according to: Business Innovation and Investment Program applicants who have already lodged an ‘Intention to Apply’ Applicants employed in critical sectors to support South Australia’s response to the COVID-19 pandemic Consideration to onshore applicants who satisfy these criteria The State has also reaffirmed that the full nomination allocations will be determined during 2020-2021 Budget process, later in the year.
Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 15 October 2020 as the day on which Schedule 1 to the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 commences. Charge) Act 2020 requires a Registered Migration Agent who has paid the non-commercial registration fee to pay commercial registration fee from the time they provide commercial immigration advice. Accordingly, these provisions will be in effect from 15 October 2020. Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 also amends provisions regarding for payment of adjusted charge for providing non-commercial immigration assistance. To access the full Instrument, click here.