Extended expiry of sub 300 due to covid-19

The new instrument amends Schedule 2 to the Migration Regulations 1994 (Cth), to extend certain Subclass 300 (Prospective Marriage) visas so that, instead of ceasing 9 months after the visa is granted, the visas cease on ... The Regulations commence retrospectively on...

BVE: new instrument under cl 050.218(8)(c)(ii)

"Under paragraph 050.212(8)(c) of Schedule 2 to the Regulations, the reasons for the delay in making an application for a Protection (Class XA) visa must be acceptable to the Minister. The instrument operates to specify a class of persons who are not required to satisfy the Minister with an acceptable reason for a delay in making an application for a Protection (Class XA) visa".

Several changes to Migration & Citizenship regulations

The new instrument makes several changes to the Migration Regulations 1994 (Cth) and the Australian Citizenship Regulation 2016 (Cth). Part of the changes commences on 14 Nov 2020.

New Ministerial Direction: national innovation visas

Order of consideration and assessing exceptional and outstanding achievement for the Subclass 858 visa

Sub 417: specified areas of Australia & kinds of work

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as regional Australia. Another purpose of the instrument is to specify ... bushfire recovery work carried out after 31 July 2019 in an area specified [in the instrument] either as paid employment or voluntary work, as specified work. Bushfire recovery work is defined in ... the instrument".

VAC refund for certain business visas

"The instrument provides that the first instalment of the VAC for an application made for a Subclass 132 visa or a Subclass 188 visa in the Business Innovation, Investor, Significant Investor, or Entrepreneur streams, where ..., must be refunded"

Strengthening reporting protections

The new Regulations "strengthen the protections available to migrant workers to given them confidence to report workplace exploitation matters"

Can incorrect information affect subsequent visas?

Common mistake: "If incorrect information is provided as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109".

New instrument on bridging visas

"The instrument specifies the class of persons for the purposes of paragraphs 010.611(1)(c) and 020.611(1)(b) of Schedule 2 to the Migration Regulations"

Protecting working holiday makers from exploitation

"The [new Regulations] exclude work for specified businesses, which would be listed in a legislative instrument signed by the Minister, from counting towards eligibility for a second or third working holiday maker visa. The exclusion would only apply to work undertaken after the business is listed in the legislative instrument."