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Legislative Updates

Direction No 81: order of consideration of skilled visas

New Direction No 81 (Order of Consideration – Certain Skilled Migration Visas): replaces Direction No 74; sets the order of processing of applications for visa subclasses 189, 190, 489, 186 and 187; sets the order of processing of nomination applications for visa subclasses 186 and 187

Postcodes specified for regional areas

The new legislative instrument specifies the postcodes that constitute "regional areas" for the purposes of the new regional visas and subclasses 189, 190, 888 and 892

LMT: Indonesia-Australia Free Trade Agreement

The explanatory statement to LIN 20/029 reads: "The purpose of this instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of applying the labour market testing condition". Parts of LIN 20/029 commenced on 17 Jan 2020 and 11 Feb 2020. The remaining part of LIN 20/029, which concerns the Indonesia-Australia Comprehensive Economic Partnership Agreement (IACEPA), commenced on 5 July 2020. Understand why.

Bill to protect disclosure of confidential information

"The Bill amends the Migration Act to protect disclosure of confidential information provided by gazetted intelligence and law enforcement agencies where the information is used for decisions made to refuse or cancel a visa on character grounds, or revoke or set aside such decisions (Protected Information)... The Bill also amends the Citizenship Act to introduce provisions (which are substantially similar to the provisions in the Migration Act described above)..."

Several changes coming soon

The new Regulations make changes to the business innovation and investment program, working holiday maker visas, bridging visas, the manner of reporting on arriving overseas passengers and crew members and citizenship fees

Amendments to Migration Agents Regulations

The new regulations amend the Migration Agents Regulations 1998 (Cth) to repeal the current Code of Conduct from 1 March 2022 and make amendments consequential to that repeal and the introduction of a new Code

Specification of occupations and assessing authorities

"The instrument amends LIN 19/051 to update the relevant assessing authorities for skilled occupations on the MLTSSL, the STSOL and the ROL relevant to applications for subclass 189, 190, 491 and 485 visas"

Designated APEC economy

"This instrument is made under the definition of ‘designated APEC economy’ in regulation 1.03 of the Migration Regulations. Regulation 1.03 of the Migration Regulations defines the term ‘designated APEC economy’ to mean an APEC economy specified in a legislative instrument made by the Minister for the purposes of that definition"

Closure of subclass 189 for new primary applicants in NZ stream

The new Regulations "permanently close the Subclass 189 (Skilled – Independent) visa in the New Zealand Stream to new primary applications. Partners and dependants of primary applicants ..."

Bridging visa conditions Regulations

"The Amendment Regulations amend provisions which enable the Minister to grant a BVR visa without application to an individual, including in circumstances where the non-citizen" and "provide for a range of new and amended conditions for BVR visa holders"

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