Australian Immigration Daily News

The purpose of the instrument is to expand the kind of work an applicant can be doing, or have an offer to do, to be eligible for grant of a Subclass 408 visa by removing the limitation to work in key sectors. This will support businesses across the Australian economy as they recover from the COVID-19 pandemic. 

The instrument removes the specified class of persons for visa holders in Australia who are unable to depart as a result of the COVID-19 pandemic. Removing this class reflects that international borders are now open and difficulties faced by individuals seeking to leave Australia at the beginning of, and during, the pandemic no longer exist.

Source: LIN22046.pdf and LIN-22046-Explanatory-Statement.pdf

The purpose of the instrument is to specify the approved form, place and manner (the arrangements) for making an application for a Permanent Residence (Skilled Regional) (Class PR) visa (Class PR visa), which commences on 5 March 2021 (see section 2 of, and Schedule 3 to, the Migration Legislation Amendment (Hong Kong) Regulations 2021 and the Migration Amendment (New Skilled Regional Visas) Regulations 2019).

The Class PR visa has one subclass—Subclass 191 (subclass 191 visa).

Source: LIN22035.pdf and LIN22035-Explanatory-Statement.pdf

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.