Changes in relation to PIC 4005 and 4007
The new instrument specifies temporary visa subclasses for PIC 4005(2)(b)(ii) and 4007(1A)(b)(ii), for which "the applicant’s health and associated costs will be assessed for the same period for which a permanent visa is assessed, that is, a period commencing when the application is made (rather than the period for which the Minister intends to grant the visa)"
New subclasses 491, 494 & 191 (Regional Visas)
The new Migration Amendment (New Skilled Regional Visas) Regulations 2019: add visa subclasses 491 (Skilled Work Regional (Provisional)), 494 (Skilled Employer Sponsored Regional (Provisional)) and 191 (Permanent Residence (Skilled Regional)); and repeal subclasses 489 and 187
New instrument: Capstone
"The instrument also amends IMMI 18/003 to reflect the fact that the Capstone Assessment examination must be passed before 1 January 2021. This is required because The College of Law Limited ceased to be a provider of the Capstone Assessment on 31 December 2020. However, as candidates have ..."
Subclass 870 (parent): really not a pathway to PR?
The explanatory statement to the legislative instrument that created visa subclass 870 states that the new visa "is not intended to be a pathway to any other parent category visa". However, with respect, the legislation has not achieved that purpose. For instance, we explain how it is possible to apply for an 870 visa and then, while that application is pending, apply for a 143 visa, and vice-versa.
Prospective marriage: marrying before grant
One of the requirements for the grant of a prospective marriage visa (subclass 300) is that the applicant still intends to marry the Australian/PR/NZ citizen at the time of decision. But if they marry before the visa is granted, is that visa automatically "converted" into a partner visa application?
Reduced VAC for some student visas
Among other VAC changes, the new regulations "reduce the VAC payable for an application for a Subclass 500 (Student) and Subclass 590 (Student Guardian) visa for applicants seeking to satisfy the primary criteria in Schedule 2 to the Migration Regulations for the grant of the visa and who are holders of a valid passport issued by a specified country in..."
Queensland skilled nomination program closed
'The Queensland skilled state nomination program has now closed 10 May 2018 at 12pm. Expressions of interest (EOI’s) submitted after this date and time will not be considered'
Global Special Humanitarian visa charges
The new regulations amend the Migration Regulations 1994 (Cth) to "enhance the operation of the Community Support Program (CSP), which allows community groups and individuals to propose and support applicants for entry to Australia under the Humanitarian Program"
English Language for Pacific Engagement Stream
The new instrument specifies the "English language test requirements that an applicant (or, if making a combined application with the applicant, the applicant’s spouse or de facto partner) may be required to satisfy for the grant of a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream"
Subclass 491: more strict visa conditions
The visa conditions for the new subclass 491 are completely different and much more strict compared to subclass 489. For instance, a subclass 491 visa holder will need to notify Immigration within 14 days of any changes to: their phone number; their email address; the address of an employer; etc. They will also need to provide evidence, if requested, of: their address; the address of an education institution they attend; etc. And the list of requirements goes on. Non-compliance might lead to visa cancellation.




















