Legislative Updates

The new instrument is made under paragraphs 5.36(1)(a) and (b), and 5.36(1A)(a) of the Migration Regulations 1994 (Cth). "Paragraph 5.36(1)(a) of the Regulations states that the payment of a fee, other than a visa application charge mentioned in regulation 5.36(3A) of the Regulations must be made in a place, being Australia or a foreign country, that is specified by the Minister in a legislative instrument". Another instrument also published today amends the above new instrument.

"The purpose of the [new] instrument is to undertake a biannual update of the places and corresponding currencies in which payment of a fee may be made".

The new Regulations make important changes to the conditions imposed on visa subclasses 600 (visitor) and 870 (parent) and to the eligibility for merits review for subclass 870 applicants. Some of the changes commence on 19 December 2019 and some on 29 February 2020.

The Migration Act 1958 (Cth) has been amended with effect from 5 December 2019 to "repair" (in the words of the Bill) what has become known as the "medevac" legislation.

The "Deregulation Bill" passed the House of Reps on 12 Feb 2020 and awaits debate in the Senate. Under the Bill's previous version, although practitioners would eventually have to decide between being either lawyers or RMAs, those who would become Restricted Practising Certificate (RPC) holders after the commencement of Schedule 1 & 2 of the Bill could subsequently also become and then remain RMAs for 2 years after the RPC grant, extendable by another 2. That is no longer the case. However, in response to the argument made by individuals including the writer in written submissions to the Senate, those who are RMAs before becoming lawyers will be able to transition and thus avoid giving up their clients. We explain why.

"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".

"Specifically, the instrument specifies forms 491D and 494V (Internet) as approved forms for Bridging A (Class WA) and Bridging C (Class WC) visa applications. This ensures that applicants who make an application for a substantive visa using approved forms 491D and 494V (Internet) will be able to make a combined application for a bridging visa with their application for a substantive visa".

The new legislative instrument specifies the period, manner and evidence of Labour Market Testing for the purposes of visa subclasses 457, 482 (TSS) and 494 (new regional visa)

"The purpose of this instrument is to amend Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033) to address changes to the Regulations as a result of amendments to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the amending Regulations)".

"The instrument operates to specify the requirements for making an application for a Subclass 494 visa. For the purposes of subitem 1242(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application. For the purposes of paragraph 1242(3)(a) of Schedule 1 to the Regulations, the instrument also specifies the manner in which an application must be made".