TSS: ANZSCO not always necessary?

Federal Court: This decision is extremely important to subclass 482 (TSS) visa applicants. Although it concerned a subclass 457 visa application, it involved the interpretation of a critical provision that is identical to cl 482.212(3). According to this decision, ANZSCO was not the only guide that could be used to determine the "skills, qualifications and employment background" that were necessary for the applicant to perform the tasks of the nominated occupation. We explain how practitioners can use this decision to their clients' advantage.

Visa pre‑application registration charge

The new regulations "prescribe an amount of charge for registration as a registered participant in a visa pre‑application process conducted under subsection 46C(1) of the Migration Act 1958 ... in relation to a Subclass 462 (Work and Holiday) visa"

New instrument: Capstone

"The instrument also amends IMMI 18/003 to reflect the fact that the Capstone Assessment examination must be passed before 1 January 2021. This is required because The College of Law Limited ceased to be a provider of the Capstone Assessment on 31 December 2020. However, as candidates have ..."

Arrangements for ETA visa applications

"The purpose of the instrument is to specify the approved form and manner (the arrangements) for making an application for an Electronic Travel Authority (Class UD) visa"

Subclass 408: class of persons for nil VAC

"The purpose of this instrument is to specify the ... as an AGEE under clause 408.229 of Schedule 2 to the Regulations"

Do passenger cards matter?

What happens if a passenger card contains incorrect answers or even if some questions are not answered? Are there any visa implications? If there is any implication, does it make any difference if the passenger card was filled out by someone else?

Student visa: new Directions

Among the new considerations to determine whether an applicant is a genuine applicant for entry and stay as a student, one of the two new Direction requires decision-makers to consider whether visa applicants "participated in assessment activities for the course"

Labour agreement for subclasses 186, 482, 494

The new regulations "clarify and enhance the statutory framework for the Minister to prescribe alternative requirements to the standard skilled nomination and visa criteria, in labour agreements"

Direction No 82: order of processing for subclasses 457 & 482

New Direction No 82 replaces Direction No 77: 'the Government considers that [Sponsors awarded Accredited Status] should be able to access streamlined processing arrangements and their applications should be allocated to a decision-maker for initial assessment as a priority'

Work & Holiday: 2 countries added and other changes

Subclass 462 - The new instrument commences on 1 July 2019 and its purpose is to: add 2 countries to the list of eligible countries; amend the lodgement requirements for citizens of 4 countries; and exempt citizens of 3 countries from providing evidence of government support.