Premium

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 purpose of the instrument is to amend the areas of Australia and the kinds of work that are specified in another instrument for the definitions of specified Subclass 417 work and specified Subclass 462 work

"As a result of the bi-annual AC&FCER review, it was identified that there were very few transactions to support the continued specification of additional currencies and foreign currency exchange rates..."

Subclass 870 (parent) visa sponsorship applicants must show an "overall" taxable income that is above a certain amount. The overall income can be a combination of the sponsorship applicant's individual income with the income of up to 2 other persons specified in legislation. But the sponsor's individual income must also be above a certain threshold. We discuss an example where the income test is not satisfied and an example where it is.

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 this instrument is to ... expand the class of persons specified in subsection 8(3) to capture people who are ...; and amend the class of persons specified in subsection 8(1) to allow for an application for a Subclass 408 visa to be made if the person holds a ..."

The new Class PS, Subclass 491 visa will "replace" visa subclass 489 (regional points-tested GSM) on 16 November 2019. But will the visa validity period, which is 4 years for subclass 489 visa holders in most circumstances, be the same for subclass 491?

The Minister has made an arrival control determination under the new s 84E of the Migration Act 1958 (Cth) The new Migration (Arrival Control) Determination...

"The instrument specifies five English language tests: the Cambridge English: Advanced test (the CAE), the International English Language Testing System (IELTS); the Occupational English Test (the OET); the Pearson Test of English Academic (the PTE); and the test of English as a Foreign Language internet-based Test (the TOEFL iBT). The instrument also specifies the required test scores for each of the specified tests..."

The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.