Australian Immigration Daily News

When it comes to migration agent CPD and attendance at online workshops, sometimes CPD providers are unable report CPD points to the OMARA due a migration agent's insufficient attendance.   

Remain in the activity for the duration of the activity

The policy is that migration agents must remain in each activity for the duration of that activity.  This means being in attendance from the start to the finish of the activity without logging out. 

The Director of the Office of the MARA sent the following email to Migration Alliance last night.  The information below is on the OMARA website:

Transitional arrangements from 22 March 2021 are being developed to enable holders of Australian legal practising certificates (ALPCs), who cease to be a registered migration agent (RMA) following the commencement of new legislation on 22 March 2021, to maintain access to their ImmiAccount. It is intended that once an ALPC holder has been removed from the Register in accordance with the new legislation, they will be able to use their former MARN as a temporary lawyer ID number to access their existing ImmiAccount. ALPC holders removed from the Register should continue to use their former MARN until such time as a new unique identifier number is provided by the Department for ALPC holders to access their ImmiAccount.  This is expected to be in place in the latter half of 2021. 

On 22 March 2021, a new form 956 Appointment of a registered migration agent, legal practitioner or exempt person will be available on the Home Affairs website to allow the holder of an Australian legal practising certificate to advise the Department of Home Affairs that they have been appointed by a client (e.g. a visa applicant) to provide immigration assistance under the Migration Act 1958 and, if applicable, to receive documents on their behalf. The new form 956 is to be completed for any new clients as of 22 March 2021.  

The Law Society of NSW has published an FAQ page about the deregulation legislation.  The page provides useful hints on how to transition from a migration agency to a legal practice.  It has a section which provides step-by-step processes for the transfer of client monies and files to a legal practice.

Source: https://www.lawsociety.com.au/practising-law-nsw/professional-support-unit/regulatory-compliance/regulatory-updates-2021

An application for a visa under sections 45 and 46 of the Migration Act 1958 is valid where the requirements of regulation 2.07 of the Migration Regulations (amongst others) are met. Regulation 2.07 relevantly provides that an item in Schedule 1 of the Migration Regulations sets out the approved form for, and other matters relating to, making an application (paragraphs (1) (a) and (c)). For certain classes of visa, these matters are set out in a legislative instrument (as provided for by subregulation2.07 (5) of the Migration Regulations).  

The main purpose of the instrument is to specify the approved form (see the third column of the table in Schedule 1) for making a valid application for the following visa classes:

- Business Skills Business Talent (Permanent) (Class EA) visa (item 1104AA of Schedule 1 to the Migration Regulations);

- Business Skills (Permanent) (Class EC) visa (item 1104BA);

- Business Skills (Provisional) (Class EB) visa (item 1202B);

- Business Skills (Residence) (Class DF) visa (item 1104B);

- Global Talent (Class BX) visa (item 1113); and

- Business Skills (Provisional) (Class UR) visa (item 1202A).

The instrument also specifies the place for lodgement and the manner in which an application must be made to ensure a valid application is made for the relevant visa class (see the fourth column of the table in Schedule 1).

Source: LIN21026.pdf and LIN21026-Explanatory-Statement.pdf

Western Australia Kalgoorlie Goldfields DAMA Program has been updated. A summary of the changes is below:

• In the first year, around 72 occupations are eligible for sponsorship under the Goldfields DAMA. This year the Goldfields DAMA program will have around 125 occupations eligible for sponsorship. 
• In 2021, three additional Shires i.e. the Shires of Dundas, Esperance and Ravensthorpe joined the Goldfields DAMA program.
• An age limit of 49 years old (cannot have turned 50) for skill level 2 to 4 occupation applies at time of permanent residence nomination.
• An age limit of 54 years old (cannot have turned 55) for skill level 1 occupation at time of permanent residence nomination.

 TSMIT concession are available for the following occupations:

• Aged or Disabled Carer
• Agricultural and Horticultural Mobile Plant Operator
• Slaughterer
• Shearer
• Personal Care Assistant
• Nursing Support Worker
• Meat Boner and Slicer
• Family Day Care Educator
• Child Care Worker
• Beef Cattle Farmer

The Goldfields DAMA provides access to four occupations not included in the Australia and New Zealand Standard Classification of Occupation (ANZSCO). These are:

• Sound and Light Technician
• Rope Access Technician
• Asphalt Technician
• Process Technician