Australian Immigration Daily News

The Amendment Regulations insert two new defined terms to the definition of COVID-19 affected visa in regulation 1.03 of the Regulations, being offshore COVID-19 affected visa and onshore COVID-19 affected visa.

The establishment of the new term onshore COVID-19 affected visa establishes a cohort that may be eligible, in certain circumstances, for a ‘nil’ visa application charge (VAC) concession.

Source: LIN22042.pdf and LIN22042-Explanatory-Statement.pdf

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The definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations were repealed by the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 (the Amendment Regulations).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Amendment Regulations inserted the new instrument making power, regulation 1.15FAA which replaced the function of the repealed definitions.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.