Industry Updates

It is common sense that the cancellation power under s 109 of the Migration Act 1958 (Cth) can be used where a visa holder gave incorrect information for the purposes of the application for the visa currently held. But can a person's visa be cancelled under s 109 by reason of the giving of incorrect information for the purposes of an application for a visa previously held?

Generally, salary requirements for a TSS nomination have 3 limbs: 1) annual market salary rate (AMSR), excluding non-monetary benefits, must be at least $53,900; 2) nominee's annual earnings must be at least the AMSR. 3) annual earnings, excluding non-monetary benefits, must be at least $53,900. But if annual earnings are at least the AMSR (limb 2) and the AMSR, excluding non-monetary benefit, is at least $53,900 (limb 1), is it not the case that the annual earnings, excluding non-monetary benefits, will necessarily be at least $53,900, thus rendering limb 3 redundant? Not really, as we explain.

The new legislative instrument: increases the VAC for some visas; expands the group benefitting from transitional arrangements related to the closure of subclass 187; adds one of the new regional visas to the visas for which, unless there are compelling and compassionate circumstances, the Minister must be satisfied that an applicant claiming to be in a de facto relationship has been in that relationship for at least 12 months at time of application; ensures that eligible family members can join an application for one of the new regional visas after it is made and before it is decided.

On 4 Nov 2019, the federal government announced it will increase the number of annual places available under the Work & Holiday visa program from 500 to 2,000 for a particular country.

"Under the new program, highly skilled migrants in selected industries will receive a fasttracked process to permanent residency in Australia. Applicants will have a dedicated Home Affairs contact to guide them through the process, and applications will receive the highest priority processing. Applicants will be eligible for permanent residency if they are likely to earn more than ..."

There are cases where a person applies for a PR visa while overseas and becomes pregnant before grant. In some of those cases, the applicant is determined to give birth overseas in order to obtain family support and the baby will not become an Australian citizen by birth. Further, the mother runs the risk of the baby being born without a visa and having to apply for a costly and lengthy child visa. We explain how practitioners can minimise that risk.

"The purpose of the instrument is to specify the minimum amount of taxable income for the income year 2018-2019".

From 16 November 2019, there will be 3 geographical categories: Major Cities; Cities and major regional centres; and Regional centres and other regional areas. Major cities are Sydney, Melbourne and Brisbane. Perth and the Gold Coast will no longer be classified as major cities. Those studying at regional universities will be eligible to access an additional year on a post-study work visa.

The time of making an application has implications for visas and other matters. We discuss what the time of application when using ImmiAccount is, given that the applicant might be making the application from any time zone.

Under s 48(3) of the Migration Act 1958 (Cth), a person who leaves and re-enters Australia while holding a BVB is taken to have been continuously in the MZ for the purposes of s 48. Thus, if a person leaves Australia, re-enters and applies for a visa, they are still s 48 barred. But does s 48(3) also apply to a person who leaves Australia on a BVB, applies for a visa and then re-enters Australia?