Australian Immigration Daily News

The Migration Amendment (2022 Measures No. 1) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations). In particular:

Schedule 1 – Work Conditions in relation to Subclass 500 (Student) visas

Schedule 2 and 3 – Application arrangements for Subclass 445 (Dependent Child) visas and Subclass 155 and 157 (Resident Return) visas

Source: Migration-Amendment-2022-Measures-1.pdf and Migration-Amendment-2022-Measures-1-explanatory-statement.pdf

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument amends the Migration Regulations 1994 (the Migration Regulations) to:

- facilitate the grant of further working holiday maker (WHM) visas to certain holders and former holders of those visas in Australia who have been affected by the COVID-19 pandemic;

- establish an instrument-making power for the Minister to exempt holders of certain passports from meeting 'specified work' requirements when they apply for a second or third WHM visa; and

- introduce statutory procedural fairness processes for employers whom the Minister is considering specifying as an 'excluded employer' for the purpose of 'specified work' under the WHM program.

The main purpose of the WHM program is to build people-to-people and cultural links between Australia and partner countries. Arrangements under the WHM program, including some eligibility requirements such as the age range for participants, are established on a bilateral basis between Australia and the relevant partner country or jurisdiction. While WHM visa holders can choose to supplement their holiday with short-term employment, employment is not the primary objective of the visa. However, WHM visa holders have become an important source of labour, particularly in regional Australia.

Source: Migration-Amendment-Subclass-417-and-462-Regulations-2022.pdf and Migration-Amendment-Subclass-417-and-462-Regulations-2022-Explanatory-Statement.pdf

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said this would allow current and former Skilled-Recognised Graduate visa holders to enter, or remain in, Australia until April 2024.

“This measure recognises the importance of qualified engineers to Australia’s economy, particularly as we continue to manage the COVID-19 recovery,” Minister Hawke said.

“Australia’s international border opened to fully vaccinated Student, Temporary Graduate and Skilled-Recognised Graduate visa holders from 15 December 2021,” he said.

Source: Enhancing-temporary-visa-settings-to-support-Australias-economic-recovery.pdf

The purpose of the instrument is to expand the parts and areas of Australia that are specified for subregulation 1.15M(1), the definition of regional Australia in subregulation 5.19(16), and for subparagraph 888.226(2)(c)(i) and paragraph 892.213(3)(b) of Schedule 2 to the Regulations. 

The instrument adds postcodes in the local government areas of Moreton Bay and Ipswich, Queensland as specified parts and areas of Australia for this purpose. The instrument also specifies parts of Australia for subregulation1.15M(2) of the Regulations.  The instrument operates such that those parts of Australia are also specified for the definition of regional Australia in subregulation 5.19(16) and as areas for subparagraph888.226(2)(c)(i) and paragraph892.213(3)(b) of Schedule 2 to the Regulations. 

The parts of Australia specified for the subregulation 1.15M(2) are unchanged from LIN20/292.

The Office of the MARA has provided the following information for all RMAs:

A new Code of Conduct for registered migration agents (new Code) commenced today, 1 March 2022.  The new Code is prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021 and is published on the Federal Register of Legislation. A PDF version of the new Code is also available on the OMARA website. Please ensure any links you have to the previous Code on your website or business materials are updated to link to the new Code. 

The new Code implements recommendation 18 of the 2014 Independent Review of the Office of the Migration Agents Registration Authority.