Australian Immigration Daily News

Temporary Skill Shortage (TSS) subclass 482 visa holders who have been in Australia for at least one year between 1 February 2020 and 14 December 2021 are able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

Applicants must also meet all other nomination and visa requirements for the TRT stream of the ENS visa.

In addition to Short-term stream TSS visa holders, the Government is advising that this pathway is also available to Medium-term stream TSS visa holders with an occupation on the Regional Occupation List.

This pathway is currently available for two years from 1 July 2022.

Source: PR-pathwat-for-TSS-sc482-holders-with-an-occupation-on-the-Regional-Occupation-List.pdf

The Migration Amendment (Strengthening the Character Test) Bill 2023 (the Bill) amends the Migration Act 1958 (the Migration Act) to ensure that non-citizens who are convicted of certain serious offences, and pose a risk to the safety of the Australian community, do not pass the character test and may be appropriately considered for visa refusal or cancellation.

The Bill is in response to recommendations by the 2017 Joint Standing Committee on Migration report on migrant settlement outcomes entitled “No one teaches you to become an Australian”. Recommendations 15 and 16 suggested that those convicted of a serious offence should have their visas cancelled under character provisions.

The Bill strengthens the character test in section 501 of the Migration Act by providing a new specific and objective ground to consider visa refusal or cancellation where a non-citizen has been convicted of certain serious offences against Australian or foreign laws involving violence against a person (including murder, kidnapping and aggravated burglary), non-consensual sexual acts, breaching of an apprehended violence order (or similar) or weapons.

Source: Migration-Amendment-Strengthening-the-Character-Test-2023.pdf and

Migration-Amendment-Strengthening-the-Character-Test-Bill-2023-Explanatory-Memorandum.pdf

Purpose

The instrument operates to specify arrangements for making bridging visa applications. Subregulation 2.07(5) of the Regulations provides that if an item of Schedule 1 to the Regulations prescribes criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may, by legislative instrument, specify the following:

(a) an approved form for making an application for a visa of a specified class;

(b) the way in which an application for a visa of a specified class must be made;

(c) the place at which an application for a visa of a specified class must be made.

The purposes of the instrument are to update LIN 21/045, to prescribe Form 1364 (Internet) for online application for a Bridging A (Class WA) visa (BVA), a Bridging C (Class WC) visa (BVC), and a Bridging E (Class WE) visa (BVE); and to make amendments consequential to the making of the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 (the Amendment Regulations).

Source: LIN23019.pdf and LIN23019-Explanatory-Statement.pdf

Purpose

The purpose of the instrument is to update the eligibility for certain classes of applicants to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa.

Source: LIN23013.pdf and LIN23013-Explanatory-Statement.pdf

Purpose

Subregulation 2.07(5) of the Migration Regulations provides that if an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may, by legislative instrument, specify an approved form for making an application for a visa of a specified class; the way in which an application must be made; the place at which it must be made; and any other matter.

Paragraph 1127AA(3)(a) of Schedule 1 to the Regulations provides that an application for a Resolution of Status (Class CD) visa (RoS visa) must be made at the place and in the manner specified by the Minister in a legislative instrument made for that item under subregulation 2.07(5) of the Migration Regulations.

The instrument amends IMMI 18/089 to provide that an application for a RoS visa must be made by completing the relevant internet form or, upon written authorisation by an officer of the Department of Home Affairs, by posting the application to a specified address of the Department.

The instrument is intended to support the Government’s policy of transitioning certain persons who hold or have held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa to a RoS visa. The instrument will enable those persons to apply for a RoS visa by directing their applications to a specified address of the Department of Home Affairs.

 Source: LIN23012.pdf and LIN23012-Explanatory-Statement.pdf