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Posted by on in General

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

In addition, section 40 of the Migration Act provides that the regulations may prescribe that visas may only be granted in specified circumstances and the circumstances may include that the person is either in Australia or outside Australia when the visa is granted. Subsection 31(3) provides that the regulations may prescribe criteria for visas.

Source: Migration-Amendment-Location-Requirements-for-Grant-of-Visa-Regulations-2023.pdf and

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Overview of the Disallowable Legislative Instrument

The Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to expand access to the Temporary Residence Transition (TRT) stream of the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186 visa). The changes also apply to the TRT stream of the Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187 visa).

The Subclass 186 visa and Subclass 187 visa are permanent visas that allow employers to nominate skilled overseas workers for permanent residence in Australia to fill genuine vacancies in their business. The Subclass 186 visa is available nationally, while the Subclass 187 is for skilled workers who want to work in regional Australia. Both programs consist of a TRT stream, with a Direct Entry stream and a Labour Agreement stream also available in the Subclass 186 visa.

The TRT stream of the Subclass 186 and Subclass 187 visas provides a permanent visa pathway to Subclass 482 (Temporary Skill Shortage) visa (Subclass 482 visa) and certain Subclass 457 (Temporary Work (Skilled)) visa (Subclass 457 visa) holders who have worked in Australia for a specified period with a sponsoring employer who wishes to sponsor them for permanent residence.

The Subclass 457 visa closed to new applications on 18 March 2018 and was replaced with the Subclass 482 visa.

The Subclass 482 visa enables employers to source skilled overseas workers to address labour shortages where an appropriately skilled Australian worker is unavailable. Overseas workers must be nominated by a sponsoring business and obtain a Subclass 482 visa before they can commence work in Australia. Subclass 482 visas have a Short-term stream (up to 2 years duration), a Medium-term stream (up to 4 years duration), and a Labour Agreement stream (up to a 4 year duration depending on the terms in the labour agreement).

Source: Migration-Amendment-Expanding-Access-to-TRTS-Regulations-2023.pdf and 

Migration-Amendment-Expanding-Access-to-TRTS-Regulations-2023-Explanatory-Statement.pdf

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Purpose

Regulation 1.15N in Part 1 of the Regulations sets out the meaning of ‘concession period’ for the purposes of the Regulations. Regulation 1.15N was inserted in the Regulations on 19 September 2020 as part of Australia’s response to the COVID-19 Pandemic.

Regulation 1.15N makes provision for both an ‘initial concession period’, and also for later concession periods for the purposes of specified provisions of the Regulations. Subregulations 1.15N(1) and (2) provide for the initial concession period, which is a period that commenced on 1 February 2020 and which ends on a day specified by the Minister by legislative instrument under subregulation 1.15N(2).

The purpose of this instrument is to specify 25 November 2023, for the purposes of paragraph 1.15N(1)(b), as the day on which the concession period ends. In accordance with table item 4 in subsection 36(1) of the Acts Interpretation Act 1901, the concession period includes 25 November 2023, and ends at the end of that day.

On commencement of this instrument, any reference to a ‘concession period’ in the Migration Regulations is therefore a reference to a period commencing on 1 February 2020 and ending on 25 November 2023.

Regulation 1.15N was inserted by the Migration Amendment (COVID-19 Concessions) Regulations 2020 (the COVID-19 Concessions Regulations) on 19 September 2020. The COVID-19 Concessions Regulations amended the Migration Regulations to assist certain temporary and provisional visa holders, including individuals on a pathway to permanent residence, who were disadvantaged by the consequences of the COVID-19 Pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn.

Source: LIN23063.pdf and LIN23063-explanatory-statement.pdf

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The purpose of LIN 23/078 is to complement amendments to the Regulations made by the amending Regulations.

The instrument amends the following:

a) Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 (LIN 19/216); and

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The following information has been provided by the Department of Home Affairs:

DEPT OF HOME AFFAIRS: Systems maintenance 24-25 November 2023 - Will be doing systems maintenance on some of our online systems from 8.30 pm (AEDT) Friday 24 November 2023 to 9 am (AEDT) Saturday 25 November 2023

While we are making these changes, the following online services may not be available:

- ImmiAccount

- eLodgement (online visa and citizenship applications)

- My Health Declarations (MHD) service

- eMedical

- Visa Entitlement Verification Online (VEVO)

- LEGENDcom

- Australian Trusted Trader

- Employment Suitability Clearances

- Detention Visitor Application

- APEC Business Travel Card (ABTC)

- Humanitarian Entrants Management System (HEMS)

- Adult Migrant English Program Reporting and Management System (ARMS)

- Education Provider Report (eBIT)

- Visa Pricing Estimator

- MSI Register

- Australian Migration Status (AMS) Training Portal

- Online Payment Portal

- Registration Gateway.

If you receive a 'Service Temporarily Unavailable' error message during this time, please try again after the outage period.

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