Australian Immigration Daily News

The following information was received today via email:

Victoria’s Skilled Migration Program for 2021-22 will open to new Registrations of Interest (ROIs) on 7 July 2021. The Department of Home Affairs has provided Victoria with 3,500 subclass 190 places, and 500 subclass 491 places.

This year we will be selecting candidates who are currently living and working in Victoria, using their STEMM skills in a target sector. For further information on eligibility requirements, please see:

Purpose

IMMI 15/100 specifies the investments permitted for certain streams for Subclass 188 (Business Innovation and Investment (Provisional)) visa and Subclass 888 (Business Innovation and Investment (Permanent)) visa under Australia’s Business Innovation and Investment Program (BIIP). One of the primary criteria for these streams was that an applicant has made a complying investment of a minimum total amount. IMMI 15/100 currently sets out the requirements for complying investments under the streams, known as complying significant investments (see regulation 5.19C of the Regulations) and complying premium investments (see regulation 5.19D of the Regulations).

On 1 July 2021, the Regulations were amended by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021. The BIIP component of the migration program aims to bring to Australia migrants with business, investment and entrepreneurial skills that will benefit the Australian economy. The amendments will streamline and improve the BIIP to ensure that it is well-placed to support Australia’s post-COVID-19 economic recovery by maximising the impact of high value investors, business owners and entrepreneurs.

The amended Regulations will change the current designated investment requirement for the Investor stream (based on passive investment in State and Territory government security) to a requirement to make a complying significant investment which will be overhauled to direct investments into areas where there is a greater need and greater impact on Australia’s economic growth by directly helping emerging and start-up companies. Subclass 188 and related provisions will be amended to increase the investment required for the Investor stream from at least $1,500,000 to at least $2,500,000.

Furthermore, amendments will also be made to close three underperforming streams, including the Premium Investor stream (amendments to Subclass 188). As a result of the amendments, the reference to complying premium investment (regulation 5.19D of the Regulations) will no longer be relevant in Subclass 188 when the Premium Investor stream is closed from 1 July 2021 (see amendments to item 1202B of Schedule 1 to the Regulations). However, the term complying premium investment and regulation 5.19D of the Regulations will continue to be relevant to applicants for a Subclass 888 visa who hold a Subclass 188 visa in the Premium Investor stream that was granted or applied for before 1 July 2021.

Subregulation 5.19C(1) of the Regulations provides that an investment by a person (the investor) is a complying significant investment if all of the requirements in the Regulations are met. Subregulation 5.19C(6) of the Regulations provides that the Minister may, by legislative instrument, specify requirements for subregulation 5.19C(5), namely to define the scope of a complying significant investment.

The purpose of the instrument is to amend IMMI 15/100 to specify the scope and requirements of complying significant investments that are required as a result of the amendments made to the Regulations.

The instrument also addresses feedback identified in a review conducted by the Department of Home Affairs in consultation with the Australian Trade and Investment Commission (Austrade). The items the instrument address include several technical issues considered in the review regarding exchange traded funds and the use of derivatives for risk management purposes. The instrument also clarifies the eligibility of venture capital investments via fund of fund structures.

Source: LIN21041.pdf and LIN21041-Explanatory-Statement.pdf

Purpose

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

This instrument specifies these requirements for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF) visas.

The purpose of the instrument is to update LIN 20/068, to reflect changes to the manner in which a Bridging E (Class WE) application on paper forms 1005 and 1008 is lodged. Specifically, the instrument removes acceptance of paper application for form 1005 or 1008 lodged by any electronic means, i.e. by email to a permitted email address or by fax to a permitted fax number. However, this does not cease the use of paper forms 1008 or 1005, as it is still possible for an applicant to submit an application for a Bridging E (Class WE) visa by post to an office of immigration or in person using the paper forms.

This change is intended to improve processing efficiency by reducing manual data entry and multiple Bridging E (Class WE) visa application lodgement by the same client. The ceasing of paper applications by electronic means will not affect any other Bridging E (Class WE) visa application lodgement options. Clients will still be able to lodge a Bridging E (Class WE) visa by post and internet forms.

In addition, the instrument amends the approved forms for bridging visa applications under the Migration Regulations to include references to paper form 47GT and online form 47GT (Internet). This allows an applicant for a Global Talent (Class BX) (Subclass 858) visa to be lawfully granted a Bridging A (Class WA) visa, a Bridging C (Class WC) visa or a Bridging E (Class WE) visa at the time when the applicant submitted a valid visa application on paper or online, using those forms.

It has been consistent practice that specific detail regarding the lodgement of visa applications be included in delegated legislation. This facilitates the operation of a dynamic and responsive immigration program. Changing the manner in which bridging visa applications are lodged and other minor administrative matters would not be an appropriate use of the parliament’s time. Amending primary legislation would also likely cause a time delay in which bridging visa applicants can be lodged. For these reasons, it is appropriate that the matters contained in this instrument and LIN 20/068 are specified in delegated legislation.

 Source: LIN21045.pdf and LIN21045-Explanatory-Statement.pdf

The Office of the Migration Agents Registration Authority (OMARA) regulates registered migration agents to protect the rights of people using their services.

The OMARA has recently cancelled the registration of a migration agent for five years for false employment and improper business interest offences.

For more information on the decision visit: https://lnkd.in/dRB_aG2.

To view a list of Australian registered migration agents working all around the world visit: www.mara.gov.au.

The Home Affairs Legislation Amendment (2021 Measures No 1) Regulations 2021 (the Regulations) amend the Migration Regulations 1994 (Migration Regulations) and the Australian Citizenship Regulation 2016 (the Citizenship Regulation) as follows:

Amendments to the Migration Regulations 1994

Schedule 1 – Business Innovation and Investment Program – implements findings of a review and consultations to streamline and improve the operation of the Business Innovation and Investment Program to produce better outcomes for the Australian economy and support Australia’s post-COVID-19 economic recovery by maximising the impact of high value investors, business owners and entrepreneurs.