Australian Immigration Daily News

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Purpose

The instrument specifies the minimum number of points that an applicant for a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Investor stream must score on the business innovation and investment points test. Regulation 1.03 of the Regulations provides that the business innovation and investment points test means the test set out in Schedule 7A to the Regulations.

For subclause 188.222(1) of Schedule 2 to the Regulations, an applicant for a Subclass 188 visa in the Business Innovation stream must not score less than the number of points specified in the instrument.

For subclause 188.242(1) of Schedule 2 to the Regulations, an applicant for a Subclass 188 visa in the Investor stream must not score less than the number of points specified in the instrument.

The instrument also repeals IMMI 12/041.

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LIN 18/077 specified, for paragraphs 408.229(b) and (c) of Schedule 2 to the Regulations, the event known as Supporting Innovation in South Australia as an ‘Australian Government endorsed event’ (AGEE) and classes of persons in relation to the event who may be eligible for a Subclass 408 (Temporary Activity) visa (Subclass 408 visa).

A person who is seeking to satisfy the primary criteria for the grant of a Subclass 408 visa must be a person to whom a clause in subdivision 408.22 of Schedule 2 to the Regulations applies.

Clause 408.229 will apply to a person if the person seeks to enter or remain in Australia to undertake work directly associated with an AGEE.

To meet this criterion, the AGEE must be specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, and the applicant must be in a class of persons specified in the instrument in relation to the event.

The Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to enable the 'COVID-19 concession' cohort to access the 'relationship cessation provisions' (RCPs) as part of meeting the criteria for grant of a Subclass 100 Partner visa or a Subclass 309 Partner (Provisional) visa.

The Regulations make amendments to the Migration Regulations that enable Subclass 100 visa applicants to access RCPs to meet the primary criteria for the grant of a Subclass 100 visa, if the applicant was granted their Subclass 309 visa in Australia under the COVID-19 concession, and their sponsoring partner has died, or their relationship with their sponsor has ceased. This ensures that applicants granted a Subclass 309 visa in Australia under the COVID-19 concession, and who satisfy the Minister that they were the spouse or de facto partner of their sponsoring partner, continue to be eligible to access a pathway to permanent residence in the following relationship cessation circumstances:

- the applicant's sponsor has died; or

- the relationship between the applicant and the sponsor has ceased and either or both of the following apply:

• the applicant or a member of the family unit has suffered domestic and family violence (DFV) committed by the sponsoring partner;
• the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child.

Source: Migration-Amendment-sc100-and-309-Regulations-2022.pdf and

Migration-Amendment-Sc-100-and-309-visas-Regulations-2022-Explanatory-Statement.pdf