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"

PIC 4020: withdrawing secondary application only

If the Department sends a s 57 (natural justice) letter alleging that the primary and secondary applicants have provide false or misleading information about their relationship, the obvious options are to dispute the allegation and run the risk of a visa refusal under PIC 4020(1) and a 3-year ban under PIC 4020(2) or to withdraw both the primary and secondary applications. A less obvious, yet quite interesting, option is to withdraw only the secondary applicant's application, as we explain.

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.

Working Holiday: age limit extended to 35

The new instrument increases the age limit to 35 for another country for subclass 417 visa applicants, effective 1 July 2019

‘On the papers’ ART reviews starting soon

A proclamation has been registered, setting the commencement date for the changes to the Migration Act 1958 (Cth) that will require the ART to decide some reviews on the papers

A Men’s World Cup and Women’s World Cup

"The purpose of the instrument is to specify two AGEEs and the related class of persons for each event, for clause 408.229 of Schedule 2 to the Regulations. The events are the  ..."

No VAC for sub 408: additional class of persons

The new instrument specifies "an additional class of persons, who are eligible to apply for a Subclass 408 visa in relation to the COVID-19 pandemic, with a nil VAC"

Subclass 407: refusals not reviewable by the AAT

Understand why more and more subclass 407 visa application refusals are not reviewable by the AAT under s 338(2) of the Migration Act 1958. Can anything be done about it? Maybe...

Payment of visa application charges & fees in foreign currencies in 2022

"The purpose of the instrument is to specify the exchange rates and foreign currencies used to make payments of certain fees, for paragraph 5.36(1A)(a) of the Regulations, from 1 January 2022"

Changes to partner visa in November 2019

From November 2019, a person who holds certain types of visas (or whose last substantive visa held was of one of those types) will only be able to make a valid subclass 820 application if, before making that application, they have either held those types of visas for at least 3 years or obtain another substantive visa.