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The new Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will "replace" subclass 187. However, r 5.19 of the Migration Regulations 1994 will not apply to the new subclass. Instead, nomination applications will need to satisfy the requirements in the newly introduced r 2.72C, which is very different to r 5.19. For instance, nomination applicants will need to be Standard Business Sponsors (or a party to a work agreement) for the new visa, which is not a requirement for subclass 187.

If the Minister issues a written direction to a person or body having functions or powers under the Migration Act 1958 (Cth), are those directions binding on them? Are there circumstances where those persons or bodies are not required to comply with certain aspects of a Ministerial direction?

“The purpose of the instrument is to … update the approved form, place and manner (the arrangements) for making an application for a Class AK visa or a Class UP visa"

"Amends the: Australian Citizenship Act 2007 to: replace the current arrangements, whereby a person’s Australian citizenship automatically ceases through certain conduct, with a discretion for the Minister for Home Affairs to determine that a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if they have: engaged in specified terrorism-related conduct; fought for, or been in the service of, a declared terrorist organisation outside Australia; or engaged in conduct that results in a conviction for a specified terrorism offence..."

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.

"The purpose of the instrument is to remove the reference to special purpose visas (SPVs) granted to a person on the grounds that they are a crew member, or a spouse, de-facto partner or dependant of a crew member, of a non-military ship. These grounds have no longer been available for the granting of SPVs since 1 January 2008. The reference is therefore redundant".

The Australian Agriculture Worker (AAW) stream was inserted into visa Subclass 403 on 30 September 2021 to "provide for the temporary entry of agricultural workers under the AAW program administered by the Department of Foreign Affairs and Trade". From 1 October 2022, the AAW...

The new regulations "establish a visa application-free pathway for members and civilian component members of the ... armed forces to enter into Australia"

A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc

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.