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Posted by on in General

The instrument repeals IMMI 18/102 (F2018L00773) made under the Regulations, specifically, subregulation 2.07(5), paragraph 1224A(3)(a), subparagraph 1224A(3)(b)(iii) and subitem 1225(5) of Schedule 1 to the Regulations and subclause 417.211(2) and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. 

The instrument also operates to specify the minimum standard of education qualifications an applicant for a Work and Holiday (Temporary) (Class US) visa and a Subclass 462 (Work and Holiday) visa must satisfy at the time of application.

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The following Instrument made by Peter Dutton on 25 May 2018 has been disallowed on 13 November 2018.  

Here is the disallowance notice: Notification-of-disallowance-fast-track-applicant-class.pdf

The PREVIOUS Fast Track Applicant under Migration (IMMI 18/019: Fast Track Applicant Class) Instrument 2018

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Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard temporary or permanent visa programs are not available.

Labour agreements are developed between the Australian Government (represented by the Department) and employers. They are generally in effect for five years and provide for visas to be granted under one or both of the following visa programs:

  • Temporary Skill Shortage (TSS) visa (subclass 482)
  • Employer Nomination Scheme visa (subclass 186).

It is formal arrangement negotiated between an Australian employer and the Australian Government.  Applying for a visa under a labour agreement is the only migration pathway for employers seeking to recruit overseas workers for semi-skilled positions, or skilled positions where concessions to mainstream visa requirements are sought.

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The following newsletter for November 2018 has been released by Lewis and Bollard, and makes excellent reading. 

Migration_Newsletter_702.01.pdf

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From 17 November 2018 the Department of Home Affairs, will offer current Subclass 405 (Investor Retirement) as well as Subclass 410 (Retirement) visa holders ability to transition to permanent residence.

Briefly, subclass 405/410 visas are aimed at self-funded retirees who have no dependents and want to live in Australia during their retirement years.  These visas enable the applicants who are 55 years or older or with a set income of AUD$65,000 per year (or AUD$50,000 per year to live in a regional area) or a set investment to reside in Australia on a temporary basis.  However, both visa categories are now closed to new applicants.  The new Regulations target retirees who, at the time this change was announced in the Federal Budget on 8 May 2018, held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa, or who did not hold a substantive visa on that date and the last substantive visa held was one of those visas. In addition, the retiree must not have held a substantive visa, other than one of those visas, since 8 May 2018.

The new legislative instrument establishes a pathway to permanently regularise the status of ageing and increasingly vulnerable long-term temporary residents, holders of Retirement (subclass 410) and Investor Retirement (subclass 405) visas (Retirees), by providing them with a pathway to obtain a permanent visa.  By way of background, the Retirement visa was introduced more than 35 years ago to encourage self-supporting Retirees to bring overseas funds into the Australian economy and spend time in Australia as temporary residents at no cost to Australia’s social and welfare system.

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Skilled News Letter – Migration Alliance Summary
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Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018
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Notification of Disallowance - Fast Track Applicant Class
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