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.

Definition of “Employment Minister” amended

The definition of "Employment Minister" under r 1.03 of the Migration Regulations 1994 will change on 29 June 2019, but with retrospective effect from 29 May 2019

New condition for student visas

The new condition safeguards against the risk of unwanted transfer of Australia’s critical technology

TSS: simplifying salary requirements

Generally, salary requirements for a TSS nomination have 3 limbs: 1) annual market salary rate (AMSR), excluding non-monetary benefits, must be at least $53,900; 2) nominee's annual earnings must be at least the AMSR. 3) annual earnings, excluding non-monetary benefits, must be at least $53,900. But if annual earnings are at least the AMSR (limb 2) and the AMSR, excluding non-monetary benefit, is at least $53,900 (limb 1), is it not the case that the annual earnings, excluding non-monetary benefits, will necessarily be at least $53,900, thus rendering limb 3 redundant? Not really, as we explain.

Instrument amends new instrument for visitor visas

This further new instrument amends a drafting error contained in the new legislative instrument about visitor visas which commenced on 24 August 2019

Arrangement for protection, refugee & humanitarian visas

"The purpose of the instrument is to update the arrangements for making an application for a Protection (Class XA) visa, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa"

Form and place & manner of application for skilled and graduate visas

The new instrument specifies the approved form and the place and manner in which applications must be lodged for the following visa subclasses: 189, 190, 485, 476, 489, 491 and 887.

New instrument on complying investments

The new instrument "specifies the investments permitted for certain streams for Subclass 188 (Business Innovation and Investment (Provisional)) visa and Subclass 888 (Business Innovation and Investment (Permanent)) visa under Australia’s Business Innovation and Investment Program (BIIP)"

Status of forces agreement

The new regulations "provide appropriate flexibility for the Schedules to the SOFA Regulations to commence when the Agreements covered by the SOFA Regulations come into force for Australia"

Fed Circuit Court: sharp increase in fees

"The Regulations specify the Federal Circuit Court application fee for migration litigants is increased from $690 to..."