Change of circumstance: when does obligation to notify end?

It is common sense that visa applicants must notify the Department as soon as practicable of changes of circumstances that occur before visa grant. But does the obligation to notify apply to changes that occur after grant? If not, are there good reasons to notify the Department of changes of address or email address anyway?

Unlawful non-citizen necessarily s 48 barred?

Common mistake: "An unlawful non-citizen is necessarily barred under s 48 of the Migration Act 1958 (Cth) from making an application for most visa classes while in the migration zone". With respect, we explain why that assertion is wrong.

Can Ministerial directions be challenged?

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?

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)".

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