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Legislative Updates

New instrument on child visa

The purpose of the instrument is to update the specified place and manner for making an application for the following visas subclasses: 101 (child), 102 (adoption), 117 (orphan relative), 802 (child), 837 (orphan relative) and 445 (dependent child).

New instrument on movement records

"The purpose of the instrument is to update the information previously contained in [the instrument to be repealed on 31 March 2020] to ensure all officers, agencies and their employees who require access to movement records for various purposes are authorised to do so. Accordingly, changes have been made to the legislation specified under subregulation 3.10A(1) and the agencies, employees and purposes specified under subregulation 3.10A(2)".

New Home Affairs legislation

"Schedule 1 makes routine amendments to the Citizenship Regulation to incorporate instruments made under the Migration Regulations updating the places and currencies in which citizenship application fees may be paid and the relevant exchange rates. Schedule 2 amends the Migration Regulations to allow the Minister responsible for skills assessment services to delegate the power to approve persons and bodies to be relevant assessing authorities, for the purposes of assessing the occupational skills of applicants for skilled visas. Schedule 3 amends the Migration Regulations to make a minor technical amendment".

Subs 491 & 494: new instrument

The purpose of the new instrument is "to update the place and manner of lodgement for applications for the Subclass 491 (Skilled Work Regional (Provisional)) visa in the Skilled Work Regional (Provisional) (Class PS) class of visa" and to "update the definition of departmental email and repeal the definition of official departmental email address to provide clarity regarding an official departmental email address" for visa class PE (subclass 494).

Sub 417: specified areas of Australia & kinds of work

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as regional Australia. Another purpose of the instrument is to specify ... bushfire recovery work carried out after 31 July 2019 in an area specified [in the instrument] either as paid employment or voluntary work, as specified work. Bushfire recovery work is defined in ... the instrument".

Sub 462: specified areas of Australia & kinds of work

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as areas of Australia. Another purpose is to specify bushfire recovery work as work undertaken, including work undertaken on a volunteer basis, carried out after 31 July 2019 in an area specified ... as a kind of work. Bushfire recovery work is defined in ... the instrument... The last purpose is to specify construction work as a kind of work for areas specified in [the instrument], in alignment with specified work for Subclass 417 (Working Holiday) visa".

Arrangements for certain Business Skills visas

The new instrument commenced on 29 Feb 2020 and specifies the requirements for making a valid application for the following visa classes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills (Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR).

Coronavirus: forms, place & manner for making visitor visa applications

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to: specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa; and specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the  Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of  that tour. As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for ...".

Coronavirus: classes of persons for student visas

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to specify classes of persons to whom subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies. For applicants included in these classes of persons, the first instalment of the visa application charge amount is nil... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

Coronavirus: visitor visa application arrangements

A new instrument that commences on 25 Feb 2020: "As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

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