Australian Immigration Daily News

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

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.