Legislative Updates

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.

The new instrument specifies exempt occupations for the following visa subclasses: 482 (TSS), 457, 186, 187 and 494

The new instrument specifies the approved form and the place and manner in which applications must be lodged for the following visa subclasses: 189, 190, 485, 476, 489, 491 and 887.

"The purpose of the instrument is to implement changes ... which, among other things, will introduce the Subclass 491 (Skilled Work Regional (Provisional)) visa (Subclass 491) and close the Subclass 489 visa to applicants in the First Provisional Visa stream". The assessing authorities for some occupations vary depending on the date of the assessment, as we explain in this article.

"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)".

A new instrument has just been registered. It commences on 16 November 2019 and will treat holders of new regional visas as "eligible persons" under the Health Insurance Act 1973 (Cth).

The new instruments raises the financial capacity requirements for students visas from 24 October 2019.

"The purpose of the instrument is to remake the instrument defining a superyacht under regulation 1.15G of the Regulations as the instrument IMMI 09/019 is scheduled to sunset on 1 October 2019. The instrument replicates the definition of superyacht in the previous instrument IMMI 09/019. The new instrument, LIN [19/084] continues to provide the necessary framework for applicants to meet criteria in relation to the superyacht stream of the Subclass 408 (Temporary Activity) visa".

The Instrument specifies the approved forms for making a valid application for the following visa subclasses: 188 (temporary business innovation and investment); 888 (permanent business innovation and investment); 132 (business talent); 124/858 (distinguished talent)

According to the explanatory memorandum to the Bill introduced on 19 September 2019, "a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if the person acts inconsistently with their allegiance to Australia by" engaging in certain type of conduct. Is this Bill a further erosion of the "sacred" concept of citizenship? Could it become a "slippery slope" towards citizenship cancellation on less serious, more subjective grounds?