Australian Immigration Daily News

The Law Society of NSW has published an FAQ page about the deregulation legislation.  The page provides useful hints on how to transition from a migration agency to a legal practice.  It has a section which provides step-by-step processes for the transfer of client monies and files to a legal practice.

Source: https://www.lawsociety.com.au/practising-law-nsw/professional-support-unit/regulatory-compliance/regulatory-updates-2021

An application for a visa under sections 45 and 46 of the Migration Act 1958 is valid where the requirements of regulation 2.07 of the Migration Regulations (amongst others) are met. Regulation 2.07 relevantly provides that an item in Schedule 1 of the Migration Regulations sets out the approved form for, and other matters relating to, making an application (paragraphs (1) (a) and (c)). For certain classes of visa, these matters are set out in a legislative instrument (as provided for by subregulation2.07 (5) of the Migration Regulations).  

The main purpose of the instrument is to specify the approved form (see the third column of the table in Schedule 1) for making a valid application for the following visa classes:

- Business Skills Business Talent (Permanent) (Class EA) visa (item 1104AA of Schedule 1 to the Migration Regulations);

- Business Skills (Permanent) (Class EC) visa (item 1104BA);

- Business Skills (Provisional) (Class EB) visa (item 1202B);

- Business Skills (Residence) (Class DF) visa (item 1104B);

- Global Talent (Class BX) visa (item 1113); and

- Business Skills (Provisional) (Class UR) visa (item 1202A).

The instrument also specifies the place for lodgement and the manner in which an application must be made to ensure a valid application is made for the relevant visa class (see the fourth column of the table in Schedule 1).

Source: LIN21026.pdf and LIN21026-Explanatory-Statement.pdf

Western Australia Kalgoorlie Goldfields DAMA Program has been updated. A summary of the changes is below:

• In the first year, around 72 occupations are eligible for sponsorship under the Goldfields DAMA. This year the Goldfields DAMA program will have around 125 occupations eligible for sponsorship. 
• In 2021, three additional Shires i.e. the Shires of Dundas, Esperance and Ravensthorpe joined the Goldfields DAMA program.
• An age limit of 49 years old (cannot have turned 50) for skill level 2 to 4 occupation applies at time of permanent residence nomination.
• An age limit of 54 years old (cannot have turned 55) for skill level 1 occupation at time of permanent residence nomination.

 TSMIT concession are available for the following occupations:

• Aged or Disabled Carer
• Agricultural and Horticultural Mobile Plant Operator
• Slaughterer
• Shearer
• Personal Care Assistant
• Nursing Support Worker
• Meat Boner and Slicer
• Family Day Care Educator
• Child Care Worker
• Beef Cattle Farmer

The Goldfields DAMA provides access to four occupations not included in the Australia and New Zealand Standard Classification of Occupation (ANZSCO). These are:

• Sound and Light Technician
• Rope Access Technician
• Asphalt Technician
• Process Technician

The purpose of the instrument is to specify circumstances under these provisions to allow refunds of the first instalment of visa application charge. Refunds are being made available in respect of visa holders and former visa holders who have been impacted due to COVID-19 pandemic travel restrictions introduced on 20 March 2020 and hold, or have held, the following visas:
- Subclass 300 Prospective Marriage (Temporary) visa (section 5 to the instrument);
- Subclass 403 Temporary Work (International Relations) visa in the Pacific Labour Scheme stream (PLS visas) (section 6);
- Subclass 403 Temporary Work (International Relations) visa in the Seasonal Worker Program stream (SWP visas) (section 7);
- Subclass 417 Working Holiday (Temporary) visa (section 8); and
- Subclass 462 (Work and Holiday) visa (section 9).

 Source: LIN21007.pdf

and

A person may be eligible for the grant of a Subclass 408 (Temporary Activity) visa (a Subclass 408 visa) where one of the primary criteria set out in Subdivision 408.2 of Schedule 2 to the Migration Regulations applies. One of the primary criteria is that the person seeks to enter or remain in Australia to work directly with an ‘Australian Government endorsed event’ (see clause 408.229). Such an event must be specified by legislative instrument, and an applicant for a Subclass 408 visa pursuant to this clause must be in a class of persons specified in that instrument in relation to the event (see paragraphs 408.229(b) and (c)).

The purpose of the instrument is to specify an Australian Government endorsed event and a class of persons in relation to that event for the purpose of clause 408.229 of Schedule 2 to the Migration Regulations.

Source: LIN21008.pdf

and