Legislative Updates

"The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates"

From 1 July 2020, credit card surcharges relating to visa and citizenship applications will be increased, as detailed in this update. It is important to know the precise amount of charges and fees to be paid by clients in order to comply with cl 2.20(a) of the Code, which reads as follows: A registered migration agent must ... find out the correct amount of any visa application charge and all other fees or charges required to be paid for a client’s visa application...

The purpose of the new instrument commencing on 26 May 2020 concerning bridging visas is to amend a drafting error in the repealed instrument

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".

"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".

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).

"The purpose of the instrument is to update the information previously contained in [the instrument to be repealed on 31 March 2020] to ensure all officers, agencies and their employees who require access to movement records for various purposes are authorised to do so.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)".

"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".

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).

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".