The purpose of the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 (the Regulations) is to amend the Migration Regulations 1994 (the Migration Regulations) and the Australian Citizenship Regulation 2016 (the Citizenship Regulation).

Schedule 1 makes routine amendments to the Citizenship Regulation to incorporate instruments made under the Migration Regulations updating the places and currencies in which citizenship application fees may be paid and the relevant exchange rates.

Schedule 2 amends the Migration Regulations to increase certain visa application charges (VACs) for the Temporary Protection and Safe Haven Enterprise visas in line with the 2019-20 forecast consumer price index (CPI) and the one-off Visa Application Charge – uplift measure in the 2019-20 Budget. The relevant VACs are increased by $5, from $35 to $40.

Schedule 3 amends the Migration Regulations to make minor amendments to correct and clarify the effect of the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the New Skilled Regional Visas Regulations) to:

  • expand the group benefitting from transitional arrangements related to the closure of Subclass 187 (Regional Sponsored Migration Scheme) visa;
  • add the Skilled Employer Sponsored Regional (Provisional) visa to the visas for which, unless there are compelling and compassionate circumstances, the Minister must be satisfied that an applicant claiming to be in a de facto relationship has been in that relationship for at least twelve months immediately before the date of the application;
  • clarify the transitional provisions at Schedule 2 to the New Skilled Regional Visas Regulations; and
  • ensure that eligible family members can join a Subclass 191 (Permanent Residence (Skilled Regional)) visa application after it is made and before it is decided. Schedule 4 amends the Migration Regulations to make minor technical amendments to update the definition of ‘Employment Minister’ and a reference to the Acts Interpretation (Registered Relationships) Regulations 2008, which have been repealed and replaced.

Source: LA-2019-Measures-No-1-Regulations-2019.pdf and LA-2019-Measures-No-1-Regulations-2019-Explanatory-Statement.pdf