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Obviously, "time of application" (TOA) provisions set out the criteria applicants must meet with reference to the time of application. However, can TOA provisions change after an application is made in a way that impacts the applicant's eligibility? Readers might be surprised with the answer.

"The purpose of the instrument is to specify certain matters relating to the Continuing Professional Development (CPD) requirements for registered migration agents and CPD providers..."

We have recently received a copy of an electronic, unclassified newsletter published by the Department of Home Affairs for Regional Certifying Bodies (RCBs), which includes the following passage: "RCB officers can use the ESPM mailbox to raise issues requiring clarification and to copy us into your email to the RCB Advice mailbox in cases where you suspect fraudulent practices by nominators or migration agents".

"The purpose of the instrument is to amend the table of the ADS approved travel agents in China..."

"The purpose of the instrument is to update the approved form, place and manner (the arrangements) for making an application for a Special Category (Temporary) (Subclass 444) (Class TY) visa (SCV)"

Schedule 1 extends subclass 476 (Skilled – Recognised Graduate) visas whose holders were outside Australia during the COVID-19 related travel restrictions. "Schedule 2 facilitates the ability to apply for an Electronic Travel Authority visa using a recently launched ... Schedule 3 facilitates short-term skilled visa holders accessing a pathway to permanent residence (currently generally only available to longer-term visa holders), by enabling them to apply for..."

The purpose of the new instrument is to increase the temporary skilled migration income threshold (TSMIT) from $73,150 to ...

"The purpose of the instrument is to specify the English language requirements to be satisfied to meet the criteria for a Subclass 476 (Skilled – Recognised Graduate) visa or Subclass 485 (Temporary Graduate) visa under clauses 476.213 and 485.212"

The new instruments raises the financial capacity requirements for students visas from 24 October 2019.

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"