Legislative Updates

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".

"The instrument specifies bodies as Regional Certifying Bodies, who can give advice to the Minister about the matters set out in subregulation 2.72C(18) of the Regulations, in relation to applications for approval of an nomination for a subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa".

The new legislative instrument specifies the postcodes that constitute "regional areas" for the purposes of the new regional visas and subclasses 189, 190, 888 and 892

The new legislative instrument specifies the forms and fees for the purposes of: an application for approval as a standard business sponsor or a temporary activities sponsor, or to vary a term of approval as a temporary activities sponsor; a nomination of an occupation in relation to a subclass 457, 482 (TSS) or 494 (new regional visa). It also specifies: the circumstances in which a sponsorship application or nomination can be made in a different way, the different way, and the approved form; and the process for nomination of a program of occupational training for a Subclass 407 (Training) visa.