Detailed Analysis of 25 Legislative Instruments for New TSS/186/187 Legislation

Immigration Law News is pleased to present a detailed analysis of 25 new Legislative Instruments related to the TSS/186/187 legislation that commenced on 18 March 2018.

The analysis, prepared by Mark Northam (MARN 1175508) and Sergio Zanotti Stagliorio (MARN 1461003), details changes and additions to instruments affecting the 482 (TSS), 186, 187, 407 and other visa programmes including changes not published elsewhere.

Please see below for sections on various visa subclasses and the impact of the Legislative Instruments on each visa subclass.


Subclass 482 (TSS) Visa

 

Compliance with Training Benchmarks after SBS grant

  • The definition of ‘Australian employee’ has changed from ‘an Australian citizen or Australian permanent resident’ to ‘an Australian citizen or Australian permanent resident who is an employee for the purposes of the Fair Work Act 2009’ [section 4, definitions];
  • ‘Employee’, which was not defined, now ‘has the definition provided by section 15 of the Fair Work Act 2009’ [section 4, definitions];

Repealed instrument: https://www.legislation.gov.au/Details/F2017L00796
New instrument IMMI 18/017: https://www.legislation.gov.au/Details/F2018L00280
Commencement: 18 March 2018

 

Specification of occupations exempt from Labour Market Testing

  • Before the amendment, the instrument exempted ‘all occupations that are classified in the ANZSCO as Skill Level 1 [or 2]’. Now, it exempts ‘all occupations that are classified in the ANZSCO as Skill Level 1 [or 2], as defined in IMMI 18/051, as in force on 18 March 2018’.
  • ANZSCO is defined under IMMI 18/051 as follows:

For the purposes of regulation 1.03 of the Regulations, ANZSCO means the Australian and New Zealand Standard Classification of Occupations published by the Australia Bureau of Statistics, as in force on 18 March 2018.

Amended instrument IMMI 18/051: https://www.legislation.gov.au/Details/F2013L01952
New instrument IMMI 18/062: https://www.legislation.gov.au/Details/F2018L00292
Commencement: 18 March 2018

 

Labour Market Testing (LMT) requirements for new nomination application

  • Section 140GBA sets out the criteria for the labour market testing (LMT) as part of the requirements for a nomination application made by an SBS. One such criterion is that the LMT be undertaken within a period set out by legislative instrument.
  • That period has changed from 12 months under the now repealed IMMI 13/136 to:
    • (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
    • (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Repealed instrument IMMI 13/136: https://www.legislation.gov.au/Details/F2013L01953
New instrument IMMI 18/059: https://www.legislation.gov.au/Details/F2018L00293
Commencement: 18 March 2018

 

Mandatory skills assessment under Schedule 1 of the Migration Regulations 1994:

  • Clause 457.223(4)(e) provided that the Minister could request the applicant to provide a positive skills assessment. Under policy, if the Trades Recognition Australia (TRA) supported ‘the provision of a 457 Skills Assessment for the nominated occupation and passport country of the visa applicant, officers should require the applicant’ to provide such a positive assessment.
  • TRA’s website listed, and still lists as at 18 March 2018, the occupations and countries for which a 457 skills assessment is required;
  • Now, the above instrument turns into law what was merely policy before, although with the following additional occupations assessable by VETASSESS for all countries, unless exempt:
    • Program of Project Administrator;
    • Specialist managers (nec) except for ambassador, archbishop and bishop;
  • One or more types of assessment are specified for each occupation and they are: 457 Skills Assessment, TSS Skills Assessment and Skills Assessment for General Professional Occupations;
  • However, TRA’s website does not contain any references to TSS Skills Assessment as at 18 March 2018;
  • The positive skills assessment must have been obtained within 3 years before the time of application for the visa;
  • An alternative to a positive skills assessment is that an arrangement has been made with the relevant skills assessing authority to assess the applicant’s skills, although it is unclear what ‘arrangement’ means (ie would a mere informal arrangement suffice or would an actual skills assessment application be necessary?);
  • The following exemptions apply, except to the 2 above occupations:
    • Primary applicants who hold visa subclass 457 or 482 and are employed in Australia in the occupation in question;
    • Applicants ‘employed by a company operating an established business overseas in the [occupation in question or a similar occupation’] who are nominated by an SBS who is that company or an associated entity;
    • Applicants who hold a relevant qualification for the occupation as specified by ANZSCO, if the qualification was obtained as a result of a course undertaken in Australia or a country not mentioned in the list of countries for that occupation;
    • The nominated occupation requires a licence, registration or membership and that is held by the applicant;
    • The applicants has met the standards set by TRA under the OSAP for the nominated occupation;
  • A person who applies to either of the 2 above occupations is exempt if he/she:
    • Holds a qualification for the nomination specified by ANZSCO;
    • Will receive annual earnings of at least $180,000 (earnings has a meaning affected by regulation 2.57A); and
    • Is nominated by an SBS who has been given accredited status by DHA.

New instrument IMMI 18/039: https://www.legislation.gov.au/Details/F2018L00294
Commencement: 18 March 2018

 

Sponsorship Applications and Nominations

  • As allowed by Regs 2.61(3B)(a) and 2.73(7), there are circumstances in which an application for SBS and nomination, respectively, may be made in an alternative way. The new instrument replaces one of the required circumstances from ‘the expected time for the problem to be rectified will fall outside of the Department’s business hours’ to ‘it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department’.
  • If the circumstances existed (ie unavailability of DHA internet systems) to allow an alternative way of making an application, the repealed instrument allowed it to be sent via email before midnight ‘on the day following the date on which the authorising email was sent by … the Department’. Now, the application must be sent ‘by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given)’;
  • Under the repealed instrument, there was no specification as to what email address DHA would use to send the authorisation to use an alternative method of application. Now, that method can only be used if the email from DHA comes from a specific email address, namely Manual.Lodgement@homeaffairs.gov.au. That means that if the DHA authorises an alternative method but does so through another email address, the application will be invalid;
  • Similar arrangements were made for the application of visa Subclass 482 under the new instrument 18/018: https://www.legislation.gov.au/Details/F2018L00290
  • Some changes were also made regarding subclass 407.

Repealed instrument: https://www.legislation.gov.au/Details/F2016C01005
New instrument IMMI 18/038: https://www.legislation.gov.au/Details/F2018L00290
Commencement: 18 March 2018

 

Specification of Occupations

  • References to ‘base salary’ in the caveats under the 457 instrument have been ‘changed’ to ‘annual earnings’ under the 482 instrument (earnings has a meaning affected by regulation 2.57A);
  • Caveat 13 under the 457 instrument does not exist under the 482 instrument: ‘The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks’.
  • The 457 STSOL was listed first and now the 482 MLTSSL is listed first (easy to get confused)
  • Occupation ‘removed’ from the 457 MLTSSL: Horse breeder
  • Occupations ‘removed’ from the 457 STSOL:
    • post office manager
    • fitness centre manager
    • sports centre manager
    • aeroplane pilot
    • flying instructor
    • helicopter pillot
    • wine maker
    • agricultural technician
    • property manager
    • real estate representative
  • Caveat 1 (‘The position does not require a minimum of 2 years’ relevant work experience’) ‘removed’ for the following occupations:
    • finance manager
    • ICT project manager
    • information and organisation professionals (nec)
    • advertising specialist
    • graphic designer
    • web developer
    • software tester
    • ICT support engineer
    • ICT system test engineer
    • Hairdresser
    • contract administrator
  • Caveat 10 (‘The position is not located in regional Australia (within the meaning of subregulation 5.19(7) of the Regulations)’) ‘removed’ for the following occupations:
    • aquaculture farmer
    • cotton grower
    • flower grower
    • fruit or nut grower
    • grain, oilseed or pasture grower (Aus) / field crop grower (NZ)
    • grape grower
    • mixed crop farmer
    • sugar cane grower
    • vegetable grower (Aus) / market gardener (NZ)
    • crop farmers (nec)
    • apiarist
    • beef catle farmer
    • dairy cattle farmer
    • mixed livestock farmer
    • pig farmer
    • poultry farmer
    • sheep farmer
    • livestock farmers (nec)
    • mixed crop and livestock farmer
    • production manager (forestry)
    • accommodation and hospitality managers (nec)
    • primary products inspectors (nec)

Subclass 457 inst: https://www.legislation.gov.au/Details/F2018L00044
Subclass 482 inst: (IMMI 18/048): https://www.legislation.gov.au/Details/F2018L00302
Commencement: 18 March 2018

 

482(TSS) English Language Requirements

  • Exemption for the following applicants limited to SBS related visa applications:
    • a diplomatic or consular mission of another country; or
    • an Office of the Authorities of Taiwan located in Australia; or
  • Previous “base rate of pay” substituted by “annual earnings” re high income exemption of $96,400
  • Test date must be no more than 3 years prior to date of application – previous allowance for 3 years going forward (ie, “from” date of application) no longer available
  • 482 ST stream – generally same as previous 457 requirements except:
    • TOEFLibt overall reduced from 36 (for 457 visa) to 35 (for 482 ST visa)
  • 482 MT Stream – generally higher than previous 457 requirements:
    • IELTS overall 5, no less than 5 on all 4 bands
    • TOEFL listening/reading at least 4, speaking/writing at least 14 (vs 3/12 for ST)
    • PTE: each band 36 (vs 30 for ST)
    • CAE: Overall 154 and all components 154 (vs 147/147 for ST)
  • New language appears to close the option for some tests to be taken across multiple days:
    • “the applicant achieved the required test scores for the approved English language test taken by the applicant on the test day in a single attempt at that test;”

New Instrument IMMI 18/032: https://www.legislation.gov.au/Details/F2018L00283
Commencement: 18 March 2018

 

Calculation of Annual Market Salary Rate, TSMIT and Related

  • TSMIT is unchanged at 53,900
  • Annual Earnings for high income exemption is 250,000
  • If there is an Australian employee performing equivalent work
    • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument applicable to Australian worker at same workplace/same location/equivalent work, that instrument is the AMSR.
    • Where there is no instrument as above, AMSR must be determined by reference to relevant employment documents of the Australian employee

If there is no Australian employee performing equivalent work

  • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument exists, AMSR is wage in instrument. If no instrument exists, then AMSR must be determined by reference to relevant information including:
    • information published on the Australian Government’s Job Outlook website;
    • job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;
    • written advice from registered employer associations and/or unions;
    • remuneration surveys generated across the relevant industry by a reputable organisation or body.

New Instrument IMMI 18/033: https://www.legislation.gov.au/Details/F2018L00284
Commencement: 18 March 2018

 

Subsequent Temporary Entrant Charge

Adds subclass 482 to the list of visas attracting the charge if an applicant makes an onshore application for a 482 visa while holding one of the visas listed in Schedule 2.

New Instrument IMMI 18/055: https://www.legislation.gov.au/Details/F2018L00288
Commencement: 18 March 2018

 

Specified Methods of Sponsorship Notification

Provides email address and form submitted via ImmiAccount as only methods for SBS and temporary activities sponsors to notify DHA of sponsorship events. Previous methods by mail no longer available.

Repealed Instruments: https://www.legislation.gov.au/Details/F2015L01958 and

https://www.legislation.gov.au/Details/F2015L02133

New Instrument IMMI 18/040: https://www.legislation.gov.au/Details/F2018L00303
Commencement: 18 March 2018

 

Designation of Sponsorship Decisions for Automatic Computerised Approval

  • For purposes of paragraph 495A(3)(b) of the Migration Act, approval of sponsorship under Section 104E of the Act is added to the list of decisions that can be performed by a computer

New Instrument: IMMI 18/042: https://www.legislation.gov.au/Details/F2018L00306

 


 

Subclass 186 (ENS) Visa

 

 

Calculation of Annual Market Salary Rate, TSMIT and Related

TSMIT remains at $53,900 but now applies to 186 nominations under Reg 5.19

If there is an Australian employee performing equivalent work

  • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument applicable to Australian worker at same workplace/same location/equivalent work, that instrument is the AMSR.
  • Where there is no instrument as above, AMSR must be determined by reference to relevant employment documents of the Australian employee

If there is no Australian employee performing equivalent work

  • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument exists, AMSR is wage in instrument. If no instrument exists, then AMSR must be determined by reference to relevant information including:
    • information published on the Australian Government’s Job Outlook website;
    • job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;
    • written advice from registered employer associations and/or unions;
    • remuneration surveys generated across the relevant industry by a reputable organisation or body.

New Instrument IMMI 18/033: https://www.legislation.gov.au/Details/F2018L00284
Commencement: 18 March 2018

 

Labour Market Testing (LMT) requirements for new nomination application

  • Section 140GBA sets out the criteria for the labour market testing (LMT) as part of the requirements for a nomination application made by an SBS. One such criterion is that the LMT be undertaken within a period set out by legislative instrument.
  • That period has changed from 12 months under the now repealed IMMI 13/136 to:
    • (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
    • (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Repealed instrument: https://www.legislation.gov.au/Details/F2013L01953
New instrument IMMI 18/059: https://www.legislation.gov.au/Details/F2018L00293
Commencement: 18 March 2018

 

Specification of Occupations and Assessing Authorities

  • The list of occupations is identical for the Temporary Residence Transition and Direct Entry (DE) streams;
  • There is only one list of occupations: Medium and Long-term Strategic Skills List;
  • Occupations removed: horse breeder and all occupations on the repealed instrument’s 186 STSOL;
  • The new instrument applies in relation to:
    • A nomination application lodged on or after 18 March 2018; and
    • An application for a Subclass 186 visa in the DE stream made on or after 18 March 2018 if the related application for approval of a nomination is made on or after that date;
  • Despite the repeal of the old instrument, it continues to apply in relation to nomination applications made before 18 March 2018 and applications for a Subclass 186 visa made on or after 17 January 2018 if the related application for approval of a nomination was made on or after that day but before 18 March 2018;
  • References to ‘base salary’ in the caveats under the repealed instrument have been ‘changed’ to ‘annual earnings’ under the new instrument (earnings has a meaning affected by regulation 2.57A);
  • Caveat 1 no longer imposed on the occupation of university lecturer: ‘The position does not require a minimum of 2 years’ relevant work experience’;
  • Caveat 13 has been added but not imposed on any occupation: ‘The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks’.

Repealed instrument: https://www.legislation.gov.au/Details/F2018L00045
New instrument: https://www.legislation.gov.au/Details/F2018L00298
Commencement: 18 March 2018

 

SC186 Direct Entry Training Requirement

  • Applies to nominations lodged on/after 18 March 2018
  • Defines “employee” as the term is defined in the Fair Work Act 2009 (Cth).
  • Defines as “Payroll” as wages as defined by applicable state/territory payroll tax legislation plus payments to contractors or subcontractors (even if not included for payroll tax purposes) if the work provided by the contractor is related to the service/product provided by the applicant.
  • In the case of no employees or contractors, payroll is determined by the total “monetary value” of director’s salaries, fees and drawn payments or the profit of the business.
  • “Recent” re expenditures defined as either the “previous 12 months” or previous financial year for both TBA and TBB. Expenditures counted at the time they are paid.
  • Schedule 1 identical to IMMI 18/017 Training Benchmarks for 482 visa

New instrument IMMI 18/047: https://www.legislation.gov.au/Details/F2018L00305/Download
Commencement: 18 March 2018

 

Various Skills, Age, employment history and qualification exemptions

Skills and employment history exemption:

  • University Tutors (242112) removed, however this occupation is no longer on the MLTSSL list

NZ exemption added:

  • a person who holds a Subclass 444 visa or a Subclass 461 visa and who has been working in a nominated occupation for the nominating employer for at least two years (excluding any periods of unpaid leave), in the three years immediately prior to the date of application for a Subclass 186 visa.

Skills and qualification exemption:

  • Adds language for NZ citizens or their partners holding a 461:
    • holds a Subclass 444 visa or a Subclass 461 visa; and
    • has been working in a nominated occupation for the nominating employer for at least two years (excluding any periods of unpaid leave), in the three years immediately prior to the date of application for a Subclass 186 visa;

 

186 DE Age Exemption:

  • Added language “who has been assessed at the ANZSCO skill level one or two” implying skills assessment required for section 8(a)
  • Removed age exemption for medical practitioner (ANZSCO 253***) employed for 4 years prior to application holding a 457 (at least 2 years of which must have been in regional Australia) for a nominated position in regional Australia

 

186 TRT Age Exemption:

  • Added language “who has been assessed at the ANZSCO skill level one or two” implying SKA required
  • Changed requirement for 457 holders who meet high income threshold to reduce number of years working/holding 457 (added: or 482) visa from 4 years to 3 years.
  • Reduced age exemption for medical practitioner (ANZSCO 253***) from requiring 4 years work experience on a 457 visa immediately prior to the 186/187 application to 3 years work experience on a 457 or 482 visa during the 3 years prior to 186/187 application
  • Transitional age: 186 applicants who held 457 visa or had applied for 457 visa as of 18 April 2017 are exempt from the below age 45 at time of application requirement if they are below 50 at time of application for the 186

New instrument IMMI 18/045: https://www.legislation.gov.au/Details/F2018L00301
Commencement: 18 March 2018

 

4-Year Transitional Arrangements for Some Previous 457/482 Holders

186/187 TRT – establishes a special class of persons under reg 5.19(5)(a)(iii) as being persons who on 18 April 2017 held a 457 visa or had applied for a 457 visa that had subsequently been granted. Note that persons who have pending applications from prior to 18 April 2017 that have not yet been granted are not included.

For this special class of persons, the time required to hold a 457 or 482 ST or MT visa is established to be 2 years in the 3 years prior to application for the 186/187. For this class, the occupation on the previous 457 or 482 must be listed in ANZSCO and the most recent 457/482 held by the applicant must have the same first 4 digits as the ANZSCO code that the 186/187 is being applied under. None of the specified occupation lists (STSOL, MLTSOL, ROL etc) apply for this class of persons.

The instrument is set to be repealed on 18 March 2022 which indicates that unless a decision is made otherwise before then, it is DHA’s intent that these special transitional rules apply for a period of 4 years from 18 March 2018.

New instrument IMMI 18/052: https://www.legislation.gov.au/Details/F2018L00285
Commencement: 18 March 2018

 


Subclass 187 (RSMS) Visa

 

Calculation of Annual Market Salary Rate, TSMIT and Related

TSMIT remains at $53,900 but now applies to 186 nominations under Reg 5.19

If there is an Australian employee performing equivalent work

  • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument applicable to Australian worker at same workplace/same location/equivalent work, that instrument is the AMSR.
  • Where there is no instrument as above, AMSR must be determined by reference to relevant employment documents of the Australian employee

If there is no Australian employee performing equivalent work

  • AMSR Calculation: If Fair Work Instrument, State industrial instrument or transitional instrument exists, AMSR is wage in instrument. If no instrument exists, then AMSR must be determined by reference to relevant information including:
    • information published on the Australian Government’s Job Outlook website;
    • job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;
    • written advice from registered employer associations and/or unions;
    • remuneration surveys generated across the relevant industry by a reputable organisation or body.

New Instrument IMMI 18/033: https://www.legislation.gov.au/Details/F2018L00284
Commencement: 18 March 2018

 

Labour Market Testing (LMT) requirements for new nomination application

  • Section 140GBA sets out the criteria for the labour market testing (LMT) as part of the requirements for a nomination application made by an SBS. One such criterion is that the LMT be undertaken within a period set out by legislative instrument.
  • That period has changed from 12 months under the now repealed IMMI 13/136 to:
    • (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
    • (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Repealed instrument: https://www.legislation.gov.au/Details/F2013L01953
New instrument IMMI 18/059: https://www.legislation.gov.au/Details/F2018L00293
Commencement: 18 March 2018

 

SC187 Eligible Occupations

  • There are two lists under the new instrument: 187 MLTSSL and 187 Regional Occupation List (ROL);
  • Under the previous version of Reg 5.19 for the Temporary Residence Transition (TRT) stream, either the nominee had held a visa subclass 457 for 2 years within the 3 years before the nomination application in the same occupation or his/her occupation was listed under IMMI 10/030 (exemption);
  • There is no such an exemption under the new instrument for TRT. Instead, the occupation must be listed under either the 187 MLTSSL or 187 ROL;
  • The combination of the 187 MLTSSL or 187 ROL is identical to the combination of the 2 previous 187 lists for the Direct Entry (DE) stream under IMMI 15/109 and 17/058;
  • The 187 MLTSSL and 187 ROL also apply to the DE stream;
  • The new instrument applies to nomination applications made on/after 18 March 2018.

Previous instruments:
https://www.legislation.gov.au/Details/F2015L01148
https://www.legislation.gov.au/Details/F2017L00847
New instrument IMMI 18/043: https://www.legislation.gov.au/Details/F2018L00295
Commencement: 18 March 2018

 

Various Skills, Age, employment history and qualification exemptions

Skills and qualification exemption:

  • Adds language for NZ citizens or their partners holding a 461:
    • holds a Subclass 444 visa or a Subclass 461 visa; and
    • has been working in a nominated occupation for the nominating employer for at least two years (excluding any periods of unpaid leave), in the three years immediately prior to the date of application for a Subclass 187 visa;

187 DE Age Exemption:

  • Added language “who has been assessed at the ANZSCO skill level one or two” implying SKA required for section 8(a)
  • Removed age exemption for medical practitioner (ANZSCO 253***) employed for 4 years prior to application holding a 457 (at least 2 years of which must have been in regional Australia) for a nominated position in regional Australia

187 TRT Age Exemptions:

  • Added language “who has been assessed at the ANZSCO skill level one or two” implying SKA required
  • Changed requirement for 457 holders who meet high income threshold to reduce number of years working/holding 457 (added: or 482) visa from 4 years to 3 years.
  • Reduced age exemption for medical practitioner (ANZSCO 253***) from requiring 4 years work experience on a 457 visa immediately prior to the 186/187 application to 3 years work experience on a 457 or 482 visa during the 3 years prior to 186/187 application
  • Transitional age: 187 applicants who held 457 visa or had applied for 457 visa as of 18 April 2017 are exempt from the below age 45 at time of application requirement if they are below 50 at time of application for the 187

New instrument IMMI 18/045: https://www.legislation.gov.au/Details/F2018L00301
Commencement: 18 March 2018

 


 

Subclass 189/190/489/485 visas

  • In addition to the existing GSM MLTSSL and STSOL, a Regional Occupation List (ROL) has been added. It applies only to visa subclass 489 for state/territory nomination.
  • Occupations moved from the GSM MLTSSL to the ROL
    • horse breeder
    • project builder
    • medical administrator
    • electrical linessworker
  • Occupations moved from the GSM MLTSSL to the ROL
    • post office manager
    • fitness centre manager
    • sports centre manager
    • aeroplane pilot
    • flying instructor
    • helicopter pilot
    • wine maker
    • agricultural technician
    • property manager
    • real estate representative
  • Despite the repeal of the previous instrument, it continues to apply to:
    • Applicants for visa subclasses 189 and 190 applicants and visa subclass 489 applicants nominated by a relative, if the invitation is issued before 18 March 2018; and
    • Applicants for visa subclass 485 if the visa application was made before 18 March 2018.
  • It is no longer the case that some occupations are marked “Y”

Repealed instrument: https://www.legislation.gov.au/Details/F2018L00046
New instrument IMMI 18/051: https://www.legislation.gov.au/Details/F2018L00299
Commencement: 18 March 2018


Subclass 407 visa

 

We are currently analysing the changes to the subclass 407 occupation list as compared to the previous list and will provide updates


 

Other Visas and Related Legislation

 

Bridging Visas

Specification of forms and methods for bridging visas

Repealed instrument: https://www.legislation.gov.au/Details/F2017L00768
New instrument IMMI 18/057: https://www.legislation.gov.au/Details/F2018L00289
Commencement: 18 March 2018

 

Australian Values Statement

Australian Values Statement added to subclass 808 and 472 visas

  • Modified previous instrument 2016/113 to add sc808 Confirmatory (Residence) visa and sc482 TSS visa to list of visas where AVS is required

Amended instrument: https://www.legislation.gov.au/Details/F2016L01783
Amendment Instrument: https://www.legislation.gov.au/Details/F2018L00282
Commencement: 18 March 2018

 

 


Note: The above analysis is based on an initial review of new legislation very recently released, and should not be treated as immigration assistance, immigration legal assistance nor legal advice. We disclaim liability in tort, equity or otherwise for any action (or lack of) taken based on the above content. If you need immigration assistance, please consult your Registered Migration Agent. If you need immigration legal assistance or legal advice, please consult your lawyer.