Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021, dated 28 October 2021, amends Migration Regulations 1994 to prescribe a list of certain skilled and regional visas that a person subject to section 48 is permitted to apply for while remaining in Australia who is currently prevented from applying onshore but is unable to leave and apply from overseas due to COVID-19 related travel restrictions. It also amends Citizenship Regulation 2016 to update the places and currencies in which citizenship application fees may be paid and the relevant conversion rates.
In order to give person barred by section 48 more options to remain in Australia and to not depart Australia to make another visa application, this instrument specifies in schedule 1 the following skilled visas for which such person may apply:
- Skilled Nominated (Permanent) Subclass 190 visa
- Skilled Employer Sponsored Regional (Provisional) Subclass 494 visa
- Skilled Work Regional (Provisional) Subclass 491 visa
It expands the list of exempted classes of visas prescribed in regulation 2.12 enabling regional and nominated skilled visa applications to be made by people who are affected by the section 48 bar, but meet all other requirements for making an application for the visa.
Schedule 2 of the instrument makes routine amendments to facilitate the lawful collection of citizenship application fees in specified foreign countries and foreign currencies at updated exchange rates.
The Instrument is registered on the Federal Register of Legislation on 29 October 2021. Schedule 1 of the instrument will commence on 13 November 2021 and schedule 2 on 1 January 2022.
To access the Instrument, click here.