News
From 1 November 2021 parents will be considered to be an “immediate family member”
You can travel to Australia if you are an immediate family member of:
an Australian citizen
an Australian permanent resident (permanent visa holder)
a New Zealand citizen who is usually resident in Australia.
https://covid19.homeaffairs.gov.au/immediate-family-australian-citizens-or-permanent-residents-or-new-zealand-citizens-usually-resident-australia
Visa condition 8547 — six-month work limitation with one employer
Working holiday makers can do any kind of work during their stay in Australia, but this is generally limited to six months’ work with any one employer, unless the Department has given permission to work with the same employer for longer than six months.
Working holiday makers working in critical sectors have permission from the Department to work for the same employer for longer than six months. Critical sectors during the COVID-19 pandemic:
· agriculture
· food processing
· health care
· aged care
· disability care
· child care or
· tourism and hospitality
The Migration program is designed to achieve a range of economic and social outcomes. The program is set annually, with the total places available capped at a ceiling of 160,000 for 2020-21. The total program is broken down into the following streams:
Skill – designed to improve the productive capacity of the economy and fill skill shortages in the labour market, including those in regional Australia. The majority of the places in the program are in the Skill stream (79,600 places in 2020-21, 50.7 per cent of the program).
Family – is predominately made up of Partner visas, enabling Australians to reunite with family members from overseas, and provide them with pathways to citizenship (77,300 places in 2020-21, 49.2 per cent of the program).
Special Eligibility – this covers visas for those in special circumstances. This can include permanent residents returning to Australia after a period away, and is the smallest stream (100 places in 2020-21).
At least 3,000 Child places will be available in 2020-21.
Stream and Category 2020-21
Skill stream
Employer Sponsored 22,000
Skilled Independent 6,500
Regional 11,200
State/Territory Nominated 11,200
Business Innovation & Investment program 13,500
Global Talent 15,000
Distinguished Talent 200
Skill Total 79,600
Family Stream
Partner 72,300
Parent 4,500
Other Family 500
Family Total 77,300
Special Eligibility 100
Child (estimate; not subject to a ceiling) 3,000
Total 160,000
The size and composition of the Migration program is set each year through the Australian Government’s Budget process. It is informed following broad public consultations with state and territory governments, business and community groups and the wider public. Community views, economic and labour force forecasts, international research, net overseas migration and economic and fiscal modelling are all taken into account when planning the program.
https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels
(Source - Dept. of Home Affairs)
The 2020-21 Federal Budget contains the following announcements and information related to the Department of Home Affairs and the migration program.
The Budget papers predict net overseas migration will be -71,200 less than the 154,000 persons in 2019-20, but is expected to gradually increase to around 201,000 in 2023-24.
Migration Program levels
The current Migration Program Planning level will remain at 160,000 for the 2020-21 program year, however, the distribution of places will change with an increase from 47,732 to 77,300 for Family stream places for this program year only.
Employer Sponsored, Global Talent, Business Innovation and Investment Program visas will be prioritised within the Skilled Stream.
Onshore visa applicants and Partner visa applicants where the relevant sponsor resides in a designated regional area, will be prioritised for the 2020-21 Migration Program.
Visa refunds and waivers
Prospective marriage visa (PMV) holders will be able to access a VAC refund (this is in line with information that the Department is not extending the entry date for PMV holders and moving to cancel the visas of those offshore)
Pacific Labour Scheme and Seasonal Worker Programme visa holders will be able to access a VAC refund.
Temporary skilled workers and visitor visa holders will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted.
Working holiday makers will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted or otherwise be able to access a VAC refund.
VAC refunds and waivers will be available to current visa holders who are unable to travel until the border reopens.
Permanent migration
New Zealand Pathway to permanent residency - the income eligibility requirement for the New Zealand stream of the Skilled Independent (subclass 189) visa. Eligibility for the Pathway will be extended to Special Category (subclass 444) visa holders who have a taxable income at or above the Temporary Skilled Migrant Income Threshold for at least three of the last five income years, including the most recent year.
Business, Investment and Innovation Program
The Government will introduce changes to improve the quality of investments and applicants.
The program will focus on higher value investors, business owners and entrepreneurs and improve the economic outcomes of the BIIP.
Visa application charges for BIIP visas will also be increased by an additional 11.3% (above regular CPI indexation) on 1 July 2021.
Places in this program will be increased to 13,500.
Global Talent Independent program
Places in the GTI program will be tripled to 15,000.
Global Business and Talent Attraction Taskforce
A new whole-of-government Global Business and Talent Attraction Taskforce will be established to attract international businesses and exceptional talent to Australia, to support the post- COVID recovery and boost local jobs.
This initiative builds on the existing Global Talent Initiative and Business Innovation and Investment Program and the new initiative announced by the Prime Minister on 9 July 2020 to attract export-orientated Hong Kong-based businesses to Australia.
Family stream program and visas
Partner visas - the mandatory family sponsorship provisions for Partner visas will be implemented, requiring character checks and sharing of personal information with the applicant, and enforceable sponsorship obligations. 72,300 of the 77,300 places in the family stream will be allocated to partner applicants.
English language requirements will be introduced for Partner visa applicants AND the sponsor, to enhance social cohesion and economic participation outcomes.
Adult Migrant English Program
Further reforms as per the Acting Minister’s announcement of 28 August that the 510 hour cap on class hours and time limits on the free English language tuition available under the Adult Migration English Program has been removed.
Humanitarian stream
Humanitarian Program ceiling will be set at 13,750 places, with a flexible mix of places between offshore and onshore categories in response to COVID-19 travel restrictions.
The Immigration Assessment Authority will receive funding of $7.6 million to enable continued review fast track reviewable decisions for those who entered Australia as an unauthorised maritime arrival on or after 13 August 2012 but before 1 January 2014.
Christmas Island reactivation – the government will provide $55.6 million dollars at North West Point on Christmas Island to accommodate unlawful non-citizens including those released from prisons, but unable to be deported due to COVID-19 international border restrictions.
Community Sponsorship Program – this program will be reformed, but no further details provided.
Youth Transition Support and Youth Hub Programs – funding will be continued for these programs.
Social Cohesion
Social cohesion funding of $62.8 million over five years from 2019-20 will be provided for initiatives including the promotion Australian values, identity and social cohesion, and counter malign information online; enhance engagement with multicultural communities; and to establish a research program to inform initiatives to strengthen social cohesion.
Federal Law Circuit Court
Funding of $35.7 million over four years from 2020-21 will be provided to the Federal Circuit Court (FCC) for additional resources and judges will be provided to expedite the resolution of migration matters.
An increase in filing fees for migration litigants will be used to partially offset the cost of this measure.
Machinery of Government
Responsibility for the migrant adult education and also settlement services will be transferred to the Home Affairs portfolio.
National Action Plan to Combat Modern Slavery 2020-25
$10.6 million will be provided over five years from 2020-21 for the provision of grants to deliver community-based projects to prevent modern slavery.
The full Federal Budget papers can be accessed on the Budget.gov.au site.
The joint media release by Minister Dutton and Acting Minister Tudge is available here
(Source - Migration Institute of Australia MIA)
The Department's COVID mini site has been updated today to allow additional categories of persons to be automatically exempt from travel restrictions and can enter Australia, without obtaining an individual exemption.
Those exempt from requiring individual exemptions are:
an Australian citizen
a permanent resident of Australia
an immediate family member of an Australian citizen or permanent resident*
a New Zealand citizen usually resident in Australia and their immediate family members
a diplomat accredited to Australia (holding a subclass 995 visa)
a traveller transiting Australia for 72 hours or less
airline crew
maritime crew including marine pilots
recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme
holder of a Business Innovation and Investment (subclass 188) visa
Further information on the requirements for these exemptions are available on the Department's site
(Source - MIA)
In addition to the 482/494 Labour Market Testing changes…. to ensure that job opportunities for Australian workers are being prioritised, the Department will be further scrutinising ENS and RSMS nominations in relation to Australian workers employed by the business in similar occupations, including:
• retrenchments in the previous 12 months
• reduction of hours worked during the previous 12 months
• reduction in pay and conditions within the previous 12 months
• employment of a temporary visa holder on conditions less favourable than Australians
• recruitment of temporary visa holders beyond the ordinary scope of the business.
Further information can be found on the Department’s website: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/learn-about-sponsoring
The relevant procedural instructions will be updated to reflect the new arrangements in due course.
(Source - OMARA)
Legislative Instrument - F2020L01123 - LIN 20/156: Jobactive - Period, manner and evidence of labour market testing Amendment Instrument 2020.
This Instrument amends LIN 18/036 to include an additional requirement for the manner in which labour market testing is undertaken.
LIN 20/156 requires ALL nominated positions to be advertised on the Government’s Jobactive website. The Government’s Jobactive website is a free online jobs website that is accessible via the internet.
Businesses considering nominating overseas skilled workers on Subclass 457 Temporary Work, Subclass 482 Temporary Skill Shortage or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas, will be required to advertise these vacancies on the Jobactive website. This measure ensures that appropriately skilled Australian citizens and permanent residents are given work opportunities before overseas workers when a business nominates a vacancy.
The new requirements for advertising may be summarised as follows:
must be advertised on the Jobactive website, AND
must be advertised with at least two advertisements in one or more of the mediums, already specified in LIN 18/036,Item 8(3).
applies to ALL nominated occupations, not just those in the newly announced Priority Migration Skilled Occupation List (PMSOL)
applies to nominations made on or after 30 September 2020.
The new amending provision in LIN 20/156 applies to nominations made after 28 days from the commencement of the instrument. For clarification, the 28 day period begins on the day LIN 20/156 commences.
The instrument LIN 18/036 as in force immediately before the commencement of LIN 20/156, continues to apply to nominations made on or before the commencement of the 28 day period.
This amendment to the Instrument commences 3 September 2020.
(Source MIA)
The Acting Minister stated in his joint media release with Senator Michaelia Cash that ...“These occupations in the health care, construction and IT sectors will supercharge both our health and economic response to COVID-19.
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.”
Labour market testing will still be required to be able to sponsor applicants in these occupations.
The 17 occupations (ANZSCO code) are:
• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Developer Programmer (261312)
• Software Engineer (261313)
• Maintenance Planner (312911)
Visa subclasses
Priority processing of nomination and visa applications for PMSOL occupations applies to these employer sponsored visa subclasses:
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)
The media statement is available here
The Prime Minister has just announced that a travel ban will be imposed on all non resident and non Australian citizens coming into Australia from 9.00pm tomorrow.
This morning the Tasmanian Government announced than it will be imposing a 14 day quarantine period for all non essential travellers to that state as of midnight tomorrow Friday.
The Skilled Employer Sponsored Regional visa (subclass 494) commencing 17th November 2019.
List of eligible Occupations may be found here:
https://www.legislation.gov.au/Details/F2019L01405
