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The following update distributed by the Migration Institute of Australia (MIA) and the Department of Immigration and Citizenship (DIAC) contains Legistlative, Policy and other updates/changes to migration, taking effect on 1 July, 2011.
The annual adjustment of most fees and Visa Application Charges (VACs) will come into effect on 1 July 2011. These will be reflected in the July 2011 version of the Charges Form 990i.
Further information about this annual adjustment of fees is available on the DIAC website.
The Department has announced changes to some forms which will take effect from 1 July 2011. A summary of the form changes is available on the DIAC website.
This indicates if a change is “essential” or “non-essential”. Where there are essential changes, the new version of the form must be used on and after 1 July 2011.
There are essential changes to following Forms:
• 40 Sponsorship for Migration to Australia
• 48S Sponsored Family Visitor
• 118 Application for Citizenship by Descent
• 132 Application to resume Australian Citizenship
• 157G Application for a Student Guardian Visa
• 157P Application for a Student Visa with Permission to Work
• 990i Charges
• 1119 General Skilled Migration (Booklet 6)
• 1126i Migrating to Australia
• 1127 Partner Migration (Booklet 1)
• 1128 Child Migration (Booklet 2)
• 1129 Parent Migration (Booklet 3)
• 1133 Special Migration (Booklet 8)
• 1187i Graduate Skilled Temporary Visa
• 1272 Application for Australian Citizenship - Children Adopted Under Full Hague Convention Arrangements
• 1276 Application for General Skilled Migration
• 1290 Application for Australian Citizenship - Other Situations
• 1300t Application for Australian Citizenship - General Eligibility
New GSM Points Test
Select Legislative Instrument SLI 2011 No 74 [F2011L00966] Migration Amendment Regulations 2011 (No 3) makes legislative provisions for the new General Skilled Migration (GSM) Point Test and contains the new Points Test which will be Schedule 6C of the Regulations.
Legislative instrument IMMI 11/027 [F2011L01218] Migration Act 1958 - Specification under subsection 96(1) and 96(2) - Pass Marks and Pool Marks in Relation to Applications for General Skilled Migration Visas (Classes VE, VC, VF and VB) specifies that the GSM Points Test pass mark is 65.
The DIAC website has further information.
Subclass 457: New TSMIT and Salary Level
Legislative Instrument IMMI 11/041 [F2011L01137] Migration Regulations 1994 - Specification under paragraphs 2.72(10)(cc) and 2.79(1A)(b) and subregulation 2.72(10AB) - Specification of Income Threshold and Annual Earnings - June 2011 specifies a new Temporary Skilled Migration Income Threshold (TSMIT) as $49,330, and annual earnings of $180,000 for the purpose of subregulation 2.72(10AB) and paragraph 2.79(1A)(b) of the Regulations.
Subclass 457 - Salary Level for English Exemption
Legislative Instrument IMMI 11/042 [F2011L01131] Migration Regulations 1994 – Specification under paragraph 457.223(6)(a) and subclause 457.23(1) of Schedule 2 - Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Business (Long Stay) visas - June 2011 specifies the salary level to be exempt from the English language proficiency requirement to be $88,410.
The instrument also specifies such matters as the classes of applicants who are exempt, the way of working out the level of salary and Australian Standard Classification of Occupations (ASCO) and Australian and New Zealand Standard Classification of Occupations (ANZSCO) references as applicable.
PAM Update for ENS and RSMS
Procedures Advice Manuals (PAMs) relating to Schedule 2 for Subclass 119, Subclass 121, Subclass 856 and Subclass 857 have been reviewed and revised for upload to the Legend stack in July. As with the nomination PAMs, the revision is largely around expanding coverage, providing clarity and correcting shortcomings.
A few changes have been made to some policy settings that are reasonably significant:
• Policy relating to subregulations 856.312(b)(iii)(B) and (C)
Section 14 replaces section 13 in the current PAM3:Sch2Visa856. The policy change relates to assessment of the two year and one year requirements under 856.213(b)(iii)(B) and 856.213(b)(iii)(C), respectively.
• Policy relating to skills of the applicant for Regional Sponsored Migration Scheme (RSMS) subregulations 857.213(b)(ii)(C)
Section 13 replaces section 10 of current PAM3:Sch2Visa857. The policy change clarifies exceptional circumstance provisions in the context of skill.
• Policy relating to age of the applicant for RSMS subregulation 857.213(b)(ii)(B)
Section 15 and section 17 replace section 12 and section 14, respectively, in current PAM3:Sch2Visa857.
The policy change relates to contracting of the age brackets and some clarification around general exceptional circumstance provisions. The same changes have been made in policy relating to Subclass 119, Subclass 121 and Subclass 856.
2011-12 Numbers for Parent, Contributory Parent, Other Family Visas
Legislative Instrument IMMI 1/039 [F2011L01058] Migration Act 1958 - Determination under section 85 - Granting of Parent, Contributory Parent and Other Family Visas in 2011/2012 Financial Year has set the maximum numbers for:
• Aged Parent (Class BP) (Subclass 804) visas; and Parent (Class AX) (Subclass 103) visas: 2010
• Contributory Parent (Class UT) (Subclass 173) visas; Contributory Parent (Class CA) (Subclass 143) visas; Contributory Aged Parent (Class DG) (Subclass 864); and Contributory Aged Parent (Class UU) (Subclass 884): 7400
• Other Family (Class BO) (Migrant) visas; and Other Family (Class BU) (Residence) visas: 1290
Places and Currencies for Paying Fees
Legislative Instrument IMMI 11/008 [F2011L01057] Migration Regulations 1994 - Specification under paragraphs 5.36(1)(a) and 5.36(1)(b) - Places and Currencies for Paying of Fees - June 2011 specifies a place and the relevant currency to use when paying a visa application charge when applying in a foreign country for a visa to enter Australia.
Locations Where Biometric Identifiers are to be Provided
Legislative Instrument IMMI 11/045 [F2011L01056] Migration Regulations 1994 - Specification under subparagraph 2.08AC(4)(a)(ii) - Specified Place - May 2011 specifies the locations where biometric identifiers are to be provided.
Amendments to the Migration Regulations 1994 and Eligible Non-Citizens
These amendments prescribe a new class of eligible non-citizen for the purposes of paragraph 72(1)(b) of the Migration Act 1958. A person will be an eligible non-citizen if the person:
• held an enforcement visa that has ceased to be in effect;
• is an unlawful non-citizen; and
• is in criminal detention as defined in regulation 1.09 of the Regulations.
Minor amendments to Bridging Visa A and Bridging Visa B
These amendments are in regards to the mandatory attachment of condition 8107 and / or condition 8501, and exclusion periods following visa cancellation.
Amendments to the Migration Regulations 1994 and Bridging E
These amendments relate to the issue of character consideration for Bridging E (Class WE) visa applications.
Amendments to Family Stream Visas
The DIAC Client summary is:
From 1 July 2011, the Migration Regulations 1994 is amended to:
• provide that, if an applicant has been refused a partner category visa in the last 21 days and holds a Subclass 820 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa, they cannot make a valid application for a Subclass 801 Partner (Residence) (Class BS) visa;
• provide that for the purposes of a Partner (Residence) (Class BS) visa application, a non-citizen who, while holding a Bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite the travel;
• require that an applicant affected by section 48 of the Migration Act 1958, who is applying for a Partner (Residence) (Class BS) visa, must meet the requirements that currently apply to the Partner (Temporary) (Class UK) visa and the two statutory declarations relating to their partner relationship must be declared no more than six weeks before the day on which the Partner (Residence) (Class BS) visa application was made;
• remove the note "All applicants must satisfy the primary criteria" from the Subclass 445 – Dependent Child visa;
• add a primary criterion for the grant of a Subclass 115 – Remaining Relative visa and a Subclass 116 – Carer visa that if the applicant has not turned 18, the applicant must satisfy public interest criteria 4017 and 4018; and
In addition, from 1 July 2011 the Migration Amendment Regulations 2009 (No. 12) are amended to:
• provide that the provisions inserted into the Regulations by the Migration Amendment Regulations 2009 (No. 12) concerning "Division 1.5 Special Provisions Relating to Family Violence" apply to applicants who lodged their application prior to 9 November 2009 and whose first claim of family violence is to the Migration Review Tribunal (MRT) on or after 1 July 2011.
Changes to the Balance of Family Test for Parent Migration
As specified in Regulation 1.05 of the Migration Regulations 1994, this relates to the treatment of step-children, the country of residence of a child whose whereabouts is unknown, children in Australia on a temporary or provisional visa, children on a temporary or provisional visa who no longer have any rights to return to the last overseas country in which they were usually resident.
Transfer of Business Skills Processing from Taipei to Hong Kong
Click for amendments relating to residents of Taiwan.
Amended Definition of "Client Number"
Click for amendments.
Amendments of Australian Citizenship Regulations 2007
• Click for amendments relating to Centrelink concession codes;
• Click for amendments relating to payment of fees in foreign currencies and foreign countries; and
• Click for amendments relating to evidence of citizenship.
Closure of DIAC Gold Coast Region Office
The DIAC Gold Coast Region Office (Southport) will be permanently closed from 1 July 2011.
Applications lodged at the Southport Office will be transferred to the Brisbane Office.
Alternative service arrangements for Gold Coast residents are listed in Changes to Visa and Citizenship Services for the Gold Coast Region – Frequently Asked Questions (FAQs).
Meat-worker Policy Clarification
DIAC has issued a Meet-worker policy clarification document regarding its policy on meat-workers in regard to Regional Sponsored Migration Scheme (RSMS) legislation.
If you wish to seek advice on any of the above changes contact us at AMVL today to speak to one of our Registered Migration Agents.