Premium

"This Bill seeks to amend the Migration Act 1958 to enable applicants for Subclass 309 (Partner (Provisional)) visas to be granted the visa onshore,...

The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.

Common mistake: "a no further stay condition must be waived for most visa applications and can only be waived if compelling or compassionate circumstances have developed". Actually: a waiver is not always required; in cases where it is required, compelling or compassionate circumstances are sometimes unnecessary; a waiver is even given by default by ImmiAccount in many cases where compelling or compassionate circumstances are unnecessary.

"Selection via the ballot will be a legal requirement to apply for a visa... The primary and immediate purpose of the Bill is to support the Government’s policy objectives in relation to engagement with Pacific nations..."

"Subregulation 2.12H(1) of the Regulations provides that the Minister must refund the amount paid by way of the second instalment of the visa application charge (VAC) in relation to an application for a visa if any of the circumstances mentioned in subregulation 2.12H(2) exists and the Minister has received a written request for a refund."

"The purpose of the instrument is to determine Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Act, to give domestic effect to those obligations for the purposes of applying the labour market testing condition". The new instrument commences on ...

The new instrument amends IMMI 12/127 to...

The new regulations "clarify the circumstances in which the Minister may grant a Bridging R (Class WR) visa (BVR) without application to certain eligible non-citizens who may be unlawful non-citizens at the time of grant, or who already hold a visa other than a substantive visa, a criminal justice visa or an enforcement visa"

The new instrument adds a new country for Work and Holiday visas

The new regulations amend PIC 4005(1)(c) and 4007(1)(c) so that a ... "is not required to satisfy the Minister that they are free from a disease or condition which would necessitate the provision of health care or community services, where that would result in a significant cost to the Australian community or prejudice the access of an Australian citizen or permanent resident to that health care or community service"