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Legislative Updates

SAF for new Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

'Nominations would incur a charge of AUD 5000 or, for businesses with an annual turnover of less than AUD 10 million, a charge of AUD 3000'

Occupations for subclass 494 visas

The new instrument specifies the occupations for subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas. Special requirements apply to some of the occupations, as we explain in this article.

Bill could prohibit internet and mobiles in detention

A Bill introduced and read a first time in the House of Representatives on 14 May 2020 would "amend the Migration Act 1958 (Migration Act) to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility). These things may include controlled drugs (as defined in the Criminal Code Act 1995) and prescription drugs not taken by the person to whom they are prescribed, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices".

Waiting for subclass 309 onshore

"This Bill seeks to amend the Migration Act 1958 to enable applicants for Subclass 309 (Partner (Provisional)) visas to be granted the visa onshore,...

Payment of VACs & fees in foreign currencies

The new instrument "repeals the Migration (LIN 21/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2021 as in force on 1 January 2021 and operates to specify the currency applicable and the exchange rate for the currency specified for the purpose of subregulation 5.36(1A) as at 1 July 2021"

Deregulation Bill: 30 June 2019

The government has proposed in the Senate that the commencement date of the 'Deregulation Bill' be amended from 19 November 2018 to 30 June 2019.

Direction No 84

Direction No 84 revokes Direction No 56: 'The purpose of this Direction is to guide decision makers performing functions or exercising powers under section 65, 414 or 415 of the Act when considering an application for the grant of a Protection visa and when reviewing a decision to grant a Protection visa.'

Character: direction No. 79 revokes direction No. 65

A new direction about visa refusal and cancellation under s 501 and revocation of mandatory visa cancellation under s 501CA of the Migration Act 1958 heightens the importance to be attached to serious crimes against women

Subclass 870: manner & deadline for making application

The new instrument specifies the application form and the deadline for that application. If the visa applicant is onshore, the deadline is calculated by reference to the date of approval by the Minister to lodge the application while onshore. If the visa applicant is offshore, the deadline is calculated by reference to the date of approval  (or variation) of the sponsorship.

Caps for parent visas are reduced

"The purpose of the instrument is to determine the maximum number of visas for [parent and other family] visas for the financial year commencing 1 July 2019 to 30 June 2020".

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