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Legislative Updates

Social security: change on wait period for carer visas

A new instrument about the wait period for holders of visa subclasses 116 and 836.

New instrument on values statement

'The purpose of the instrument is to update the language of the values statement for all visa subclasses specified to better reflect the values that are important to Australian society'

New instrument: nil VAC for some students

"The purpose of the instrument is to update LIN 20/099 to specify an additional class of persons applying for a Subclass 500 visa to whom the nil VAC amount applies. As a result of the coronavirus known as COVID-19 and the consequential pandemic, some Subclass 500 visa holders will be unable to complete their studies within the validity period of their Subclass 500 visa..."
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457 & 482: data matching between Department & ATO

'The Department... will exchange data with the [ATO] to identify whether business sponsors are complying with their... obligations ... and whether [subclass 457 and 482] visa holders are complying with their visa conditions'

New occupations for visa subclass 186 (ENS)

8 occupations have been added to the MLTSSL, the only list that applies to visa subclass 186 (ENS); changes to caveats

AAT eligibility for TSS applicants: Misconceptions?

The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.

New s 338(2)(d) might deny AAT eligibility

Part 2 of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 brings changes to the circumstances in which a subclass 482 visa refusal is reviewable by the AAT. If s 57 of the Migration Act is not enlivened and the TSS application is refused, the visa applicant might not be eligible for merits review.

New instrument on sub 408 & COVID-19

"The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia. The instrument limits the class of persons who can be granted the visa to those who hold a visa that is 28 days or less from ceasing to be in effect, or held a visa that is no more than 28 days from ceasing to be in effect. It further limits the class of persons to those who are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa".

Changes to Work & Holiday visa

The new instrument commenced on 1 January 2022 and makes changes to: the list of eligible countries; instances where approval from a foreign country is required; & more

Priority consideration for certain visitor visas

"The instrument specifies requirements to make a request for the Minister to prioritise the consideration of a valid application for a visa.  On a request made in accordance with regulation 2.12M of the Regulations, in relation to a valid application for a visa, the Minister may prioritise the consideration of the application."

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