Australian Immigration Daily News

The purpose of the instrument is to specify, under regulation 1.15FA of the Regulations, areas of Australia and kinds of work for the definition of specified Subclass 462 work in regulation 1.03 of the Regulations.

This enables subclass 462 visa applicants who have undertaken the kinds of work in the corresponding area(s) specified in the instrument to count this work towards eligibility for a second or third subclass 462 visa and satisfy the criteria at paragraph 462.218(1)(a) or 462.219(1)(a) of Schedule 2 to the Regulations.

Source: LIN22013.pdf and LIN22013-Explanatory-Statement.pdf

The instrument repeals Migration (LIN 20/182: Subclass 417 (Working Holiday) visa – Specified work and places) Instrument 2020 (LIN 20/182), made for the definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations.

The definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations were repealed by the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 (the Amendment Regulations).

The Amendment Regulations inserted the new instrument making power, regulation 1.15FAA which replaced the function of the repealed definitions. The Amendment Regulations also inserted transitional provisions in paragraphs 9201(3)(c) and 9201(4)(c) of Schedule 13 to the Regulations, which provide that LIN 20/182 continues in force (and may be dealt with) as if it had been made under regulation 1.5FAA of the Regulations.

The Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to repeal the existing Seasonal Worker Program and Pacific Labour Scheme streams from the Subclass 403 (Temporary Work (International Relations)) visa and replace them with a new Pacific Australia Labour Mobility (PALM) stream.

The combined PALM stream provides for the entry and temporary stay of workers from countries with which Australia has arrangements across a range of industry sectors where there are identified market gaps and workforce needs including but not limited to horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture), forestry, hospitality and aged care.

Source: Migration-Amendment-Pacific-Australia-Labour-Mobility-Regulations-2022.pdf

Migration Alliance is in receipt of the following email from the Department of Home Affairs:

From 5 March 2022, all applicants applying for a Visitor visa (subclass 600), both in Australia and outside of Australia will have to lodge their application online via ImmiAccount. Paper applications will not be accepted as valid for lodgement. 

A fact sheet is attached to this email to provide you with more details.

Purpose

The purpose of the instrument is to update the approved form, place and manner (the arrangements) for making an application for the Extended Eligibility (Temporary) (Class TK) visa (Class TK visa). The instrument follows recent amendments to the Regulations by the Migration Amendment (2022 Measures No. 1) Regulations 2022 (the amendment Regulations). Prior to the amendment Regulations, an applicant for a Class TK visa had to be in Australia to make a valid visa application in Australia, and an applicant who was outside Australia had to make an application outside Australia. The instrument specifies updated arrangements for the Class TK visa following the amendment Regulations, which allow applicants outside Australia to make an application in Australia.

The instrument also updates the arrangements for the Class TK visa by providing that anyone is able to make an application. IMMI 16/051 previously only specified a place and manner for applications by certain dependent children, rather than for all applicants. The instrument removes this limitation. A requirement for an applicant to claim to be a dependent child of a holder of a certain visa is now specified in the Regulations (see paragraph 1211(3)(ab) of Schedule 1).

The instrument continues to specify arrangements for making an application for a Child (Migrant) (Class AH) visa (Class AH visa) and for a Child (Residence) (Class BT) visa (Class BT visa). The instrument does not change the arrangements for those visas.

The instrument also updates the drafting of IMMI 16/051 to align with current standards and remove redundant provisions.

Source: LIN22017.pdf and  LIN22017-Explanatory-Statement.pdf