Australian Government is offering financial assistance to citizens and eligible permanent residents who are stranded overseas due to Covid-19 travel restrictions and are experiencing financial distress. The assistance is in the following forms: One-off loan to help cover emergency living costs until a commercial flight becomes available, where the loan amount is fixed based on the family size. Australian pension holder may be eligible to receive a grant instead of a loan. One-off loan to help cover part of the cost of a flight back to Australia, where the loan amount is equivalent to a standard one-way economy class airfare from that region. The Government has advised that loans are available as an option of last resort only and strict eligibility criteria applies. To know more about the financial assistance and application process, click here.
The Department of Home Affairs’ interim allocation of Subclasses 491, 190, 188 and 132 visa nomination under General Skilled Migration and Business Migration program for the financial year 2020-2021 has given limited number of visa nominations to the States until the delivery of the Federal Budget in October. For Subclass 491 and Subclass 190 applications lodged before 1pm (AEST), Tuesday 25th August 2020, Migration Tasmania will continue to assess the existing applications according to the priorities established by the Department of Home Affairs. For all new applications lodged after this time period, the applicant must also demonstrate that the applicant is critical to supporting Tasmania’s response to the COVID-19 pandemic and recovery. Further, for Subclass 491, 3A Overseas Applicant (TSOL) nomination category restrictions remain in place in Tasmania and only the 17 occupations listed in the ‘High Demand’ section of the Tasmanian Skilled Occupation List (TSOL) are eligible for nomination. The applications lodged for occupations that are not listed as ‘High Demand’ remain closed. To see the list of ‘High Demand’ occupations, click here. The State will review the requirements after the Federal Budget, after the announcement of full details of the 2020-21 nomination allocations and requirements. For Subclass 188 and 132 visa nomination applications, the State is waiting for reopening of Business Migration program and indicates that the new business nominations must be of high quality to support Australia’s COVID-19 recovery.
On 17 September, which is also Australian Citizenship Day, The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Australian Government has announced that the Australian citizenship test will be updated to emphasize more on Australian values in addition to core facts and figures. The Hon Alan Tudge MP said that, “Our Australian values are important. They have helped shape our country and they are the reason why so many people want to become Australian citizens… We are asking those who apply for citizenship to understand our values more deeply before they make the ultimate commitment to our nation” The updated test will include 5 questions on Australian values amongst the 20 multiple-choice questions. In order to pass the test, the applicant will have to correctly answer all 5 of the questions on Australian values, along with scoring a mark of at least 75 per cent overall in the test. The new test is expected to be in effect from 15 November 2020. The Minister has also announced that new applicants for most visas, along with the citizenship applicants will be required to affirm the updated Australian Values Statement (AVS) from 30 October 2020 onwards. However, no changes have been announced to the English language requirements or residency requirements for citizenship.
On 09 September 2020, the Department of Home Affairs has updated the travel exemption categories and holders of a Business Innovation and Investment (Subclass 188) visa are now exempt from the travel restrictions to enter Australia during Covid-19 pandemic. Subclass 188 visa holders do not need to obtain an individual exemption from the Australia Border Force (ABF) to enter Australia. Other exempt categories include: Australian citizens Permanent residents of Australia Immediate family member of an Australian citizen or permanent resident, upon advise from the Department New Zealand citizens usually resident in Australia and their immediate family members Diplomats accredited to Australia (Subclass 995 visa holders) Travellers transiting Australia for 72 hours or less Airline crew members Maritime crew members including marine pilots Persons recruited under the Seasonal Worker Program or Pacific Labour Scheme
Migration Agents Regulations 1998 have 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) Regulations 2020. Migration Amendment (Regulation of Migration Agents) Regulations 2020 amended the Migration Agents Regulations 1998 to amend provisions relating to Australian legal practitioners providing immigration assistance and registration requirements, the redundant provisions, and other transitional provisions regarding operation of amendments relating to registration of migration agents. To access the amended and complied Regulations, click here.
In response to various enquiries regarding ‘the first date of entry’ for state nominated visas granted offshore, the Business and Skilled Migration Queensland (BMSQ) has clarified that the Department of Home Affairs, generally, will not seek to cancel a state nominated visa where the only reason for doing so would be breach of Condition 8504, which requires the visa holder to enter Australia applies before a date specified, due to travel restrictions imposed in response to Covid-19 Pandemic. The State has advised that if the ‘first date of entry’ has passed, the visa holder must continue to hold a valid visa to travel to Australia, along with the relevant notice of the Department applicable to your situation, and individual exemption to travel from the Australian Border Force (ABF) if granted a provisional visa. Read more about notice regarding Business Innovation and Investment Program here. Read more about notice regarding Skilled Program here
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.