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Immigration Daily News List of new Migration Instruments and Amendments 17 Nov 2019Australian Immigration Daily News
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List of new Migration Instruments and Amendments 17 Nov 2019
Migration (LIN 19/268: Period, Manner and Evidence of Labour Market Testing) Amendment Instrument 2019
This instrument amends the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to specify the period within which labour market testing is required, the manner in which labour market testing is required to be undertaken and the kinds of evidence that must accompany a nomination. This instrument also specifies certain occupations and positions that are exempt from some of those specified requirements.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L01450
Migration (LIN 19/296: Arrangements for Applications for Bridging Visas) Amendment Instrument 2019
This instrument amends the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 to include approved forms 491D, 494V (Internet) and 494V as specified forms for Bridging A (Class WA) and Bridging C (Class WC) visa applications.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L01459
Migration (Skilling Australians Fund) Charges Amendment (Subclass 494 Visa) Regulations 2019
These regulations amend the Migration (Skilling Australians Fund) Charges Regulations 2018 to support the amendments to the Migration Regulations 1994 being made by Schedule 2 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L00553
Migration (Specification of Occupations and Assessing Authorities) Amendment (LIN 19/243: Subclass 491 Visas) Instrument 2019
This instrument amends the Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019 to make changes to the assessing authority for some occupations and removes references to the Subclass 489 visa that are no longer applicable.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L01402
Migration Amendment (Visa Application Charges) Regulations 2019
These regulations amend the Migration Regulations 1994 to make changes to visa application charges for certain visas.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L00932
Migration(LIN 19/267: Regional Certifying Bodies and Regional Postcodes) Amendment Instrument 2019
This instrument amends the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 to remove references to “regional Australia” as prescribed under subregulation 5.19(16) of the Migration Regulations 1994.
Item was repealed on 17/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L01447
Immigration blog
Time to fix the Black hole in Australia's Skilled Migration Program
Letter to the Minister
Subject: Review of schedule 6D – skilled Employment points allocation
Dear Minister and Manager. Australia’s Skilled Visa Program DoHA
I would like to raise an issue of concern related to schedule 6D (3) and 4) that I believe needs to be addressed. Currently there is a black hole in the way points are calculated and allocated. It effects thousands of Skilled Migrant Applicants,
If a candidate falls short of the three thresholds (3, 5 or 8 years) and has worked in Australia for period equal or longer then the short fall the system does not allow or give credit for the full years of skilled work experience.
Ie. If a candidate has 2.75 years skilled employment in one country and then is offered work abroad in another country (excluding Australia) they can claim points after 0.25 years employment for three years employment in all countries (except Australia). This devalues work experience in Australia and bring the points based system into disrepute.
A preferred solution would be to amend schedules 6D(3) and 6D (4) whilst still giving recognition and value by allocating an additional 5 points for one year or more work experience in Australia.
I know this is an issue of concern, as many clients have express this concern to me over the years. I was somewhat disappointed that this was not considered in the recent review.
Attached is a suggested recommended amendment to the regulations that seek to remove this black hole in the schedule 6D points allocation system
Should you require further information I can be contacted via return email or telephone (03) 90287644
Yours faithfully
Anthony van der Craats
Registered Migration Agent (Australia)
MARN 1174041
Former Secretary/Advisor to the Late Hon Evan Walker, Leader of the Government in the Victorian Legislative Council, Minister for Post Secondary Education, Major Projects, the Arts and Agriculture
Attached proposed amendments to schedule 6D (3) and (4) Migration Regulations
cc Members of Parliament, media, David Coleman - Minister for Immigration. Media, MIA and others