Two-year period of transition – Migration Agents Bill Regulation

A media release provided by the Hon. Alex Hawke MP, clarifies the announcement on the transitional period for lawyers with restricted practising licences, which was made at last week’s MIA National Conference.

The Federal Government is expecting the lawyers to be removed from the Migration Agents Regulatory Authority (MARA) regulatory system starting 1 July 2018.

• For migration agents who become lawyers, there will be a two-year transitional period of dual registration, beginning from the date a restricted practicing certificate is obtained.
• On a case-by-case basis, this two-year period may be extended, but only if there are reasonable grounds to do so.

• Lawyers who have already made the transition will have two years dual registration from the commencement of the Bill. This relates to those holding a legal practicing certificate or such.

Currently, the MIA is in the process of obtaining clarification on what is considered “a reasonable basis” for extending this two-year transitional period.

The MIA remains in opposition of deregulating lawyers. However, if the legislation takes effect, they believe that lawyers should have the option to remain registered with the Office of the MARA.

The MIA strongly supports and campaigns in all appropriate areas on behalf of members who will be adversely affected by these proposed changes.

The full media release can be viewed here.

If you are affected by this and would like support or more information on this, please get in touch with us at Mygration, and we will be happy to help.

Grandfathering provisions 457 to ENS/RSMS announced 

DIBP Fact Sheet Two: Reforms to Australia’s permanent skilled migration program

This update provides advice on the grandfathering provisions for holders of Subclass 457 visas up until 18 April 2017.

These visa holders can access certain existing provisions under the Temporary Residence Transition (TRT) stream:

Occupation requirements remain the same

• There are no restrictions if the nominee continues to work in the same position, for the same employer approved in their subclass 457 visa.

The age requirement remains the same

• Less than 50 years of age.

Work experience requirement remains the same

• Two out of three years on a subclass 457 visa, preceding nomination, which remains at two years.

Other provisions have been clarified:

 

Work experience

• A requirement to have at least three years work experience relevant to the particular occupation.

 

Training requirement

• A Skilling Australians Fund contribution comes into effect from March 2018 (subject to being passed by parliament).
• This will be paid in full at the time of nomination. 
• Set at $3,000 for businesses with turnovers of below $10 million dollars, and $5,000 for other businesses.

 

Regional Australia – updates to RCB and postcodes

Legislative Instrument – F2017L01460 – IMMI 17/059: Regional Certifying Bodies and Regional Postcodes Instrument 2017

This Instrument specifies the postcodes for the areas of Australia defined as regional Australia, for migration purposes. Relevant Regional Certifying Bodies (RCB) are also listed.

Regional Certifying Bodies

Schedule 1 of the Instrument indicates these changes to RCBs below. All other RCB from the previous Instrument remain.

State	Removed	Added
NSW	·      Regional Development Australia Far South Coast	·      Southern NSW – Regional Development Australia, Far South Coast
NT	·      Department of Business and Employment	·      Department of Trade, Business and Innovation
Qld	·      Central Qld – Winston Shire Council ·      Central Qld – Regional Development Australia Central Queensland, ·      North Qld – Cape York Peninsula Development Association Inc, ·      North Qld – Gulf Savannah Development Inc, ·      North Qld – Townsville Enterprise Limited	None
SA	·      Department of Manufacturing Innovation, Trade, Resources and Energy	·      Department of State Development
Tas	·      Department of Economic Development, Tourism and the Arts	·      Department of State Development
Vic	·      Department of Business and Innovation (Ballarat, Bedigo, Geelong, Mildura, Shepparton, Traralgon, Wannagaratta and Wodonga)	·      Department of Economic Development, Jobs, Transport and Resources (Ballarat, Bendigo, Geelong, Mildura, Shepparton, Traralgon, Wangaratta and Wodonga)
WA	·      Gascoyne Development Commission, ·      Great Southern Development Commission ·      Kimberley Development Commission ·      Mid West Development Commission ·      Peel Development Commission ·      Pilbara Development Commission ·      Skilled Migration Western Australia ·      South West Development Commission	·      Department of Training and Workforce Development
ACT	·      Unchanged: ACT Economic Development Directorate	·      Unchanged: ACT Economic Development Directorate

 

Regional Australia

In subregulation 5.19(7), every postcode stated in Schedule 2 of this Instrument is described as regiona
Only Western Australia postcodes have been changed. Postcodes in all other areas remain the same.

Perth metropolitan area is excluded from this Instrument. The following postcodes are stated as only regional:

• 6041 – 6044
• 6083 – 6084
• 6121 – 6126
• 6200 – 6799

  This Instrument begins on 17 November 2017. IMMI 16/045 is repealed as a result.

 

Changes to visitor visa application arrangements – Indonesia 

Legislative Instrument – F2017L01454 – IMMI 17/124: Arrangements for Visitor (Class FA) Visa Applications

• Changes to the visitor visa application are only for Indonesian visitor visa applicants. All previous Instrument visa application arrangements remain the same.
  
• This specifies that Indonesian passport holders can now apply for their Subclass 600 visa application in the Tourist, Business and Sponsored Family Streams online. Applicants do not have to apply through an approved agent.
• Instrument begins on 18 November 2017. IMMI 17/076 is repealed as a result.
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VETASSES – Holiday Closures

RMAs should have received a VETASSES Important Updates e-mail directly this week.

VETASSESS will be closed for the holiday period beginning Friday 22 December 2017. It will reopen on Wednesday, 3 January 2018.

PROCESSING CUT-OFF DATES 

• Cut-off date for Priority Processing is 5pm AEST, Monday, 11 December 2017.
• Cut off for all other skills assessments (including SAS consultations) is 12pm AEST, Friday, 22 December 2017.
• To those applicants who receive notice that their skills assessment is complete before the closing will be given access to download their Outcome Letters.
• Processing resumes on Wednesday, 3 January 2018.

We at Mygration are here to provide advice and guidance on your migration needs. Please contact us if you would like to discuss this with us.

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