Payment of VACs and fees in foreign currencies

"The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates"

New exemptions to s 48 bar

Among other things, the new instrument "amends regulation 2.12 to prescribe three skilled visa classes as visas for which an application may be made in Australia by applicants who have been refused a visa or had a visa cancelled while in Australia and are prevented by section 48 of the Migration Act from applying for a visa other than a prescribed visa while remaining in Australia"

Immigration clearance exemption

"... the amending Regulations will allow ... to not be immigration cleared as required under section 166 of the Migration Act, so long as they do not leave the airport lounge except to continue their departure journey within 90 minutes of the arrival into Australia"

Places and currencies for paying of fees

The new instrument "repeals the Migration (LIN 21/002: Places and Currencies for Paying of Fees) Instrument 2021 as in force on 1 January 2021 and operates to specify the place in which a fee (excluding visa application charges mentioned in subregulation 5.36(3A) of the Regulations) must be paid and to specify the currency in which a fee must be paid in that place, being Australia or a foreign country, for the purpose of paragraphs 5.36(1)(a) and (b) of the Regulations as at 1 July 2021"

External access to movement records

The purpose of the new instrument is to specify: the prescribed Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records; the prescribed agencies and employees of the Commonwealth, a State or Territory and the purpose for which those employees may access the movement records

Visitor visa: new travel agents for Approved Destination Status stream

"The purpose of the instrument is to update the list of approved travel agents for the Approved Destination Status (ADS) stream of the Visitor (subclass 600) visa. The ADS stream facilitates group travel from the People’s Republic of China to Australia for applicants participating in tours organised by travel agents..."

Can a BVE holder obtain a BVA?

It is commonly said that a BVE holder cannot apply for, and obtain, a BVA. With respect, we explain why that is not necessarily true.

Several migration amendments

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..."

Expanded cohort for BVR

The new regulations "expand the cohort of non-citizens who would be eligible for grant of a Subclass 070 (Bridging (Removal Pending)) visa (BVR) with certain mandatory community protection-related conditions imposed on the visa"

New VACs from 1 July 2022

New VACs from 1 July 2022 ... The new Migration Amendment (Visa Application Charges) Regulations 2022 commences on 1 July 2022 and its explanatory statement includes...