According to the Department of Home Affairs (DoHA), the Commissioner of ABF (Australian Border Force) has granted travel exemption to 2937 of the total 4002 requests for outbound travel from Australia for the period 25 March 2020 to 06 May 2020. For overseas travel by Australian citizens and permanent residents, travel exemption from the Commissioner of ABF is required: To respond to the COVID-19 outbreak; To conduct critical industries and business; To receive urgent medical treatment (not available in Australia); To attend urgent and unavoidable personal business; To serve the national interest; For compassionate or humanitarian grounds. For inward travel exemption, the Commissioner of ABF has granted travel exemption to 6872 of the total 7134 requests for the period 02 February 2020 to 06 May 2020 for various categories such as business leaders, compassionate grounds, critical skill requirement, diplomatic travel, medevac patients, students, Protection Visa holders and transit through Australia.
The Regional Trade Agreements Division of the Department of Foreign Affairs and Trade has announced the commencement of the Indonesia-Australia Comprehensive Economic Partnership Agreement (“the IA-CEPA”) from 05 July 2020. According to the Preamble of the IA-CEPA, the countries recognise that “open, transparent and competitive markets are key drivers of economic growth, poverty reduction, job creation, innovation, expansion of productive capacity and human development”. International Trade obligations are relevant in migration context as labour market testing is not required. In this regard, the Migration (LIN 20/029: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2020 dated 28 January 2020 provides a list of 14 agreements, including the IA-CEPA, that determines international trade obligations of Australia regarding labour market testing. To see list of all international trade obligations, click here. To read full text of the IA-CEPA, click here.
The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Regulation Bill”] was first introduced in the House of Representatives along with Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 [“the Registration Bill”] on 27 Nov 2019. The Regulation Bill, popularly known as the ‘Deregulation Bill’, proposes amendment to the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs migration agents. Further, the Registration Bill proposes amendment to the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Both the Bills were first introduced in the Senate on 13 Feb 2020 and were to be laid on the table of the Senate for discussion in May 2020 but that hasn’t happened yet. Track the progress of the Regulation Bill, click here.
Attention subclass 500 student visa holders! The Prime Minister only recently announced a 3 stage roadmap for Australia’s way out of the coronavirus pandemic. On that roadmap features a possible lifting on travel bans. The Federal Government has confirmed that it has considered exempting international students from Australia’s travel restrictions as early as this July. There has also been considerations to approve travel between Australia, New Zealand and Pacific island nations. Compared to other countries internationally, Australia has done extremely well in mitigating the risk of spread and working towards “flattening the curve”. However, this had to come at a cost with our economy hit the hardest. The roadmap features 3 stages. The first stage sees the reopening of restaurants, cafes and shopping centres, the second stage sees the reopening of gyms, cinemas and amusement parks and the third stage largely focuses on international travel easements. Although the only countries considered are Cross-Tasman and pacific island nations, it is an excellent start to bringing back normality in our lives. Of course, this roadmap will be implemented through the discretion of State and Territory leaders and this roadmap still does not eliminate the 1.5 metre social distancing rule. Albeit, the easing of these restrictions and the pace that they will be enforced will be largely dependent on our responsibility to ensure social distancing measures are kept intact. The education industry in Australia is deemed the country’s largest imports which sees hundreds of thousands of international students coming to study in Australia each year. Did you know that international students contribute AU$40 billion a year to the Australian economy? This move to reopen the doors to international students as early as July is seen as a way of allowing our economy to give relief to our educational institutions who were also affected by the pandemic. The International Education Association of Australia chief executive has recently called for the reopening of Australian borders for international students, saying that they offer more than just economic benefits. He specifically told SBS News that, “International education is Australia’s fourth-largest export industry which generates nearly 240,000 Australian jobs and is a key revenue source for public universities and many other private education providers.” He also said that reopening Australian borders to international students could give the country a “step up on the competition” in the international education market against Canada, the US and the UK for future overseas enrolments. However, despite this exception being made to international students, no considerations have yet been made on other restrictions being lifted, that is, to allow our tourism industry to once again bring in eager travellers who wish to explore Australia. This next lifting of restrictions will be something that we will just need to wait in anticipation for. Even if international students are allowed back into Australia in July, do expect that self-isolation measures will still apply. 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 a student visa holder please know that these changes will affect you. If you want to know more about subclass 500 student visas, or if you wish to apply for a student visa, or if you are already a subclass 500 visa holder and you simply want to know about how these changes can affect you, contact us today on (02) 4626 1002 or send us an email at admin@mckkrs.com.au and one of my registered migration agents will be ready to help.
The Safe Haven Enterprise Visa (Class XE) (Subclass 790) [hereinafter referred to as “SHEV”] is a protection visa for persons who arrived in Australia illegally. With this visa, you may be allowed to temporarily stay in Australia for up to 5 years. It may interest you to know that there are primarily three protection visas provided by the Migration Act 1958 (Cth) and corresponding Regulations, namely, Permanent Protection Visa (Class XA) (Subclass 866), Temporary Protection Visa (Class XD) (Subclass 785) and the SHEV. General Eligibility for Protection Visas You must: be in Australia; and be a refugee; or engage in Australia’s protection obligations; and meet all other requirements for the visa. You may wonder who a refugee is! Well, as per Section 5H(1) of the Migration Act a refugee is defined as: “(a) in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or (b) in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.” Thus, in order to be called a refugee, you must have a well-founded fear of persecution and serious harm because of your race, religion, nationality, membership of a particular social group, or political opinion because of which you do not want to return to your home country. Other Requirements for SHEV Application You must: be ineligible to apply for a Permanent Protection visa (Subclass 866) meet identity requirements meet health and character requirements meet security requirements, and sign a declaration that you intend to work or study in regional Australia Bar for 790 Visa Application You will not be eligible to make a valid SHEV application if you: are an unauthorised maritime arrival, or have been refused immigration clearance after your arrival to Australia, or have had protection visa refused or cancelled since your last arrival to Australia, or hold nationality of 2 or more countries, or have protection in a prescribed safe third country, hold or have held a Humanitarian Stay (Temporary) Visa (Subclass 449) since your last arrival to Australia and are not an unauthorised maritime arrival or a transitory person. However, please know that the Minister is empowered to make decisions on the application and accordingly, may lift any application bar if the Minister determines it to be in the public interest. Advantages of Subclass 790 visa Stay in Australia for upto 5 years Work in Australia Study in Australia Have access to government services such as Medicare and Centrelink Visa Fees Visa application charge for an applicant who is in immigration detention and has not been immigration cleared is Nil. However, for secondary applicants who are members of the family unit of the main applicant, the visa application charge is AUD $40. If you facing any migration related problems, Get In Touch with us or call us on (02) 46261002 to speak to one of our Registered Migration Agents who can help you in your situation.
The Migration & Refugee Division of the AAT (Administrative Appeals Tribunal) has issued COVID-19 Special Measures Practice Direction dated 27 April 2020 (the Direction) in pursuance of Section 18B of the Administrative Appeals Tribunal Act 1975 (AAT Act) to respond to COVID-19 (Coronavirus) Pandemic. Vide the Direction, changes have been made to the operations and procedures of the AAT’s Migration & Refugee Division including registry and lodgement of documents, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearings and the use of technology. The AAT conducts independent review of administrative decisions, including primary decision of refusal or cancellation by the Department of Home Affairs, and resolves cases on basis of merits in accordance with its own established procedures. The AAT has the power affirm the decision or vary the decision of the Department, or remit the matter to the Department for reconsideration, or set aside the decision of the Department to give a new decision, or dismiss the application without taking any action. The Direction has come into effect from 29 April 2020 and according to sub-clause 1.3 of the Direction, it “applies to all applications, whether lodged before or after this date, and remains in effect until it is superseded or revoked”. Thus, until further notice, all AAT matters are to proceed as per the provisions laid down under the Directions. Key Changes in the Direction Closure of registries to visitors, unless allowed. Provision of services over phone and online. Lodging new applications online. Relaxation of signature requirements for online submission of documents. No personal hearings, unless allowed. All hearings to be conducted over phone or videoconferencing. Priority given to cases that do not require a hearing or if required, hearing can be conducted over phone or videoconferencing. Please know that if the AAT considers that hearing in a particular matter should be held in person only, the hearing may not be scheduled until the AAT resumes conducting personal hearings. If you are considering applying to the AAT or waiting for a hearing at the AAT, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents. Migration Centre of Australia has a team of migration specialists who are experienced in AAT appeals and have helped several clients in winning at the AAT including complex matters.
Invitation Date: 12 May 2020 ACT 190 Nomination – Invitations Issued: 210 All Matrix submitted: 110 to 70 points 65 point Matrix submitted between 12 November 2019 and 08 December 2019 (both dates inclusive) ACT 491 Nomination – No invitations issued as there are sufficient 491 applications in the queue to meet the May 2020 monthly allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 27 May 2020.
State Nominated Migration Program (SNMP) Invitation Date: 30 April 2020 Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 6 162 31 Skilled Regional (Provisional) visa (Subclass 491) 10 39 42 In 2019-2020, a total of 2969 invitations have been issued as on 05 May 2020: Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 47 1738 262 Skilled Regional (Provisional) visa (Subclass 491) / Subclass 489 75 530 317 Total 2969
Invitation Date: 12 May 2020 ACT 190 Nomination – Invitations Issued: 210 All Matrix submitted: 110 to 70 points 65 point Matrix submitted between 12 November 2019 and 08 December 2019 (both dates inclusive) ACT 491 Nomination – No invitations issued as there are sufficient 491 applications in the queue to meet the May 2020 monthly allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 27 May 2020.
TRA (Trades Recognition Australia) is a skills assessment authority for assessing trade skills of individuals in eligible occupations as on the current skilled occupation list for the purpose of skills recognition and skilled migration to Australia. During the ongoing Covid-19 (Coronavirus) pandemic, TRA continues to accept online applications for skills assessment and other email enquiries. Further, TRA enquiry line has been reopened from 05 May 2020, operating from Monday to Friday between 10.00am to 12.00pm and 1.00pm to 4.00pm, excluding public holidays (Australian Eastern Standard Time). TRA assesses skills for many occupations including Air-conditioning and Refrigeration Mechanic (ANZSCO 342111), Aircraft Maintenance Engineer (Avionics) (ANZSCO 323111), Apparel Cutter (ANZSCO 393211), Carpenter and Joiner (ANZSCO 331211), Chef (ANZSCO 351311), Dental Prosthetist (ANZSCO 411212), Electrical Engineering Technician (ANZSCO 312312), Furniture Finisher (ANZSCO394211), Gas or Petroleum Operator (ANZSCO 399212), ICT Customer Support Officer (ANZSCO 313112), Make Up Artist (ANZSCO 399514), Painting Trades Worker (ANZSCO 332211), and Shipwright (ANZSCO 399112). Contact Within Australia: 1 300 360 992 Outside Australia: +61 2 6240 8778 Email enquiries: traenquiries@dese.gov.au