Advising clients on non-migration matters

It is very common for clients to ask us questions such as: "would visa X give me access to Medicare and if so, would I have full benefits, or would there be some limitation?"; "would visa X allow my children to study in public schools?"; "would visa X give me access to welfare benefits?". And the list goes on. We discuss some of the implications of giving advice on matters in which we do not have the required knowledge and/or licence/registration.

Strengthening reporting protections

The new instrument specifies the following matters for the purpose of s 116(1)(b) of the Migration Act 1958 (Cth): "the persons, bodies or government entities that may issue a certificate as to a matter of workplace exploitation; and the kind of matters relating to workplace exploitation that may be set out in the certificate"

Updated ANZSCO

For "regulations 2.72 and 2.73 and subregulation 5.19(5) of the Migration Regulations, ANZSCO is defined as meaning the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on ..."

Talented early-professionals scheme for Indian nationals

The new scheme allows "Indian graduates and early career professionals with knowledge and skills in targeted fields of study to live and work in Australia for up to..."

Transitional operation of reg 5.19 for 457 visa holders

The new instrument specifies different periods of time for the purposes of paragraphs 5.19(5)(f) and (g) of the Regulations, for new classes of persons who are specified for the purposes of theses paragraphs

Appropriate regional authority

"The instrument also operates to specify appropriate regional authorities for the purpose of the definition of appropriate regional authority in regulation 1.03 of the Regulations. Specifically to reflect the correct names for the appropriate regional authorities who are able to sign sponsorship forms required to be lodged with an application for one of five legacy classes of visa".

Class TK visas: form, place & manner of applications

"The purpose of the instrument is to update the approved form, place and manner (the arrangements) for making an application for the Extended Eligibility (Temporary) (Class TK) visa (Class TK visa)"

Form, place and manner for resident return visas

"The purpose of the instrument is to update the approved form, place and manner (“the arrangements”) for making an application for a Return (Residence) (Class BB) visa (Class BB visa).  The instrument follows recent amendments to the Regulations by the Migration Amendment (2022 Measures No. 1) Regulations 2022 (the amendment Regulations) (F2022L00255).  Previously, an applicant for a Class BB visa had to ..."

Expanded cohort for BVR

The new regulations "expand the cohort of non-citizens who would be eligible for grant of a Subclass 070 (Bridging (Removal Pending)) visa (BVR) with certain mandatory community protection-related conditions imposed on the visa"

Pregnant & overseas while waiting for PR

There are cases where a person applies for a PR visa while overseas and becomes pregnant before grant. In some of those cases, the applicant is determined to give birth overseas in order to obtain family support and the baby will not become an Australian citizen by birth. Further, the mother runs the risk of the baby being born without a visa and having to apply for a costly and lengthy child visa. We explain how practitioners can minimise that risk.