Australian Immigration – Policy, Procedure, Visa Rule Updates
January 9, 2007
New Policy, Procedure, and Rules Introduced
Effective from 01 January 2007
Includes other migration changes from Sept. 2007:
The latest round of changes to immigration began this New Year.
They relate to changes in immigration law, its interpretation, migration application; including new policy and procedural updates. Each change is summarised here.
New Migration Regulations:
The Migration Regulations were amended with latest changes focusing on:
- Regulations Schedule 1 item 1128BA(3)(l)(iii) amended to now reflect the immigration policy aim that an applicant for a General Skilled Migration visa can satisfy primary criteria on the basis of being sponsored by a relative of his or her spouse only if the spouse is also an applicant for the same visa sought. (Note: This corrected an omission made by the Government to its amendments to migration Regulations in 01 October 2006.)
- Schedule 2 clause 138.211 amended to now require that, where the Sponsorship is by a relative of the applicant’s spouse, the applicant can not satisfy time of application criteria unless the spouse is also an applicant for the visa. Similar amendments were made to Schedule 2 clauses 496.212(c), 862.211, 863.211 and 883.211(c).
- Schedule 1 item 1128BA(3)(m) amended so that the applicant must now make the declaration as to the sponsor’s place of residence. (Note: An amendment by the Government in 01 October 2006 that provided for it to be made by the applicant’s spouse was inserted in error.)
The above amendments apply to Visa applications made on or after 01 January 2006.
- Schedule 6A item 6A91 amended – now a new item 6A91 requires that where a points test assessment is being made in relation to an applicant who is sponsored by a relative of the applicant’s spouse, the specified prescribed points will not be available to an applicant unless the applicant’s spouse is also an applicant for the same subclass of visa sought.
This new migration amendment takes effect in relation to assessments made on or after 1 January 2007.
New Migration Policy & Procedure:
New immigration policy instructions were also issued and updated that cover the following concerns (links to our migration and immigration practice area page):
- Member of the family unit – DNA testing
- Limitation on certain sponsorship and nominations
- Special provisions relating to domestic violence
- Skill Matching
- Visa 136 – Skilled – Independent
- Visa 137 – Skilled – State/Territory-nominated Independent
- Visa 138 – Skilled – Australian-sponsored
- Visa 416 – Special Program
- Visa 421 – Sport
- Visa 423 – Media and Film Staff
- Visa 495 – Skilled – Independent Regional (Provisional)
- Visa 880 – Skilled – Independent Overseas Student
- Visa 881 – Skilled – Australian-sponsored Overseas Student
- Visa 882 – Designated Area-sponsored Overseas Student
- Visa 995 – Diplomatic
- 8503 – “No further” conditions (inc 8503)
General Skills Migration:
The biggest round of changes in the last 20-years to the GSM program took place on 01 September 2007 that include 130 new pages of regulations. Some of the changes:
- the SSASSL no longer exists
- AoS provisions removed
- all current GSM subclass categories will be replaced
- new classes of visa and numerical coding
- tightening of targeted migration occupation experience requirements
- higher English threshold for all applicants, except trades and some regional sponsored visa classes
- capital investment was removed for 5 ‘bonus points’
Our law firm, Beyderwellen & Company, was briefed in May 2007 by the Government’s Director of Skilled Migration, and its legal section on specifics of the these and other new changes in Sept. 2007 — including what are now the current ‘Pass Marks’ and ‘Pool Marks’ and what the Department specifically looks out for in the new visa subclasses and visa.
