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Legislative Updates

Immigration Assistance: The End of Dual Regulation

Abridged version of a Lexis Nexis' article that explains the current regulatory framework and then discusses what the proposed changes are and how they would apply to practitioners under 6 different scenarios.

Citizenship: concession codes and fee payment

The new Regulations 'allow citizenship application fees ... and refunds ... to be paid in foreign currencies and in foreign countries, and [align] the concession codes in Schedule 3 with the concession codes currently employed by the Department of Human Services'

Subs 186, 187 & 494: skill, age & English exemptions

"The instrument operates to specify exemptions in relation to age, skills, employment history or English language requirements for the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186), Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187) and Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (Subclass 494)".

Health Workforce Certificate: new definition

"The instrument operates to amend LIN 19/047 and LIN 19/049 to change the definition of Health Workforce Certificate" for the purpose of subclasses 186 and 187

Arrangements for special category visa applications

The purpose of the instrument is to support a new online process that will allow New Zealand visa applicants to complete a digital version of Form 15 (the incoming passenger card) and to request an appointment to visit a Departmental office and lodge their visa application in person

LIN 19/048: amending a drafting error

'The purpose of this amendment is to rectify a drafting error by substituting the correct ABN for the NSW Rural Doctors Network Ltd'

Social security: change on wait period for carer visas

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

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".

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".

Independent Health Advice Panel

The new instrument adds 3 entities to the list of professional bodies who may nominate a person to be appointed by the Minister as a member of the Independent Health Advice Panel for the purposes of assessing the physical and mental health of transitory persons who are in regional processing countries

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