Caps for parent visas are reduced

"The purpose of the instrument is to determine the maximum number of visas for [parent and other family] visas for the financial year commencing 1 July 2019 to 30 June 2020".

Child born in Australia “inherits” both parents’ visas?

If a child is born a non-citizen in Australia and, at the time of birth, one the parents holds a visa of a given subclass and the other parent holds a visa of another subclass, does the child "inherit" any of those 2 visas? If so, does the child inherit the most beneficial visa? Can the child "inherit" and hold both visas at the same time? Are there circumstances where the child will "inherit" no visa at all and will be born an unlawful non-citizen, despite the fact that the parents hold a visa? The answers might be surprising.

New instrument on BVA & C for new regional visas

"Specifically, the instrument specifies forms 491D and 494V (Internet) as approved forms for Bridging A (Class WA) and Bridging C (Class WC) visa applications. This ensures that applicants who make an application for a substantive visa using approved forms 491D and 494V (Internet) will be able to make a combined application for a bridging visa with their application for a substantive visa".

“where you suspect fraudulent practices by nominators or migration agents”

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".

New instrument on period, manner & evidence of Labour Market Testing

The new legislative instrument specifies the period, manner and evidence of Labour Market Testing for the purposes of visa subclasses 457, 482 (TSS) and 494 (new regional visa)

“Regional Australia” replaced by “regional areas”

"The purpose of the instrument is to amend IMMI 18/037 to remove references to “regional Australia” as defined under subregulation 5.19(16) of the Regulations. As part of the package introducing new regional visas, a new instrument ... specifies the parts of Australia that are regional Australia under subregulation 5.19(16) of the Regulations. Amending IMMI 18/037 to remove references to regional Australia ensures two instruments that specify regional Australia for the purposes of subregulation 5.19(16) do not operate concurrently".

New instrument on the Annual Market Salary Rate

"The purpose of this instrument is to amend Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033) to address changes to the Regulations as a result of amendments to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the amending Regulations)".

New instrument on how to make valid application for subclass 494

"The instrument operates to specify the requirements for making an application for a Subclass 494 visa. For the purposes of subitem 1242(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application. For the purposes of paragraph 1242(3)(a) of Schedule 1 to the Regulations, the instrument also specifies the manner in which an application must be made".

New instrument specifies Regional Certifying Bodies

"The instrument specifies bodies as Regional Certifying Bodies, who can give advice to the Minister about the matters set out in subregulation 2.72C(18) of the Regulations, in relation to applications for approval of an nomination for a subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa".

Postcodes specified for regional areas

The new legislative instrument specifies the postcodes that constitute "regional areas" for the purposes of the new regional visas and subclasses 189, 190, 888 and 892

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