Migration Legislative Changes Update

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Migration Legislative Changes Update

Effective from 21 November 2015 and apply to applications made on or after this date

  1. Student and student guardian visas

Dependent relatives of diplomatic and consular representatives will now be able to granted student or student guardian visas onshore during representatives’ posting period. The requirement for the Foreign Minister to recommend the grant of the visa has been removed.

  1. Diplomatic domestic workers employment conditions

The wages and working conditions of domestic workers of diplomatic or consular representatives must be determined in accordance with the standards under the relevant Australian legislation and awards.

  1. Visitor visa – 12 month maximum stay on combined visas

A Subclass 600 Visitor visa may only be granted, if the combined stay with one or more visitor visa, working holiday visa, work and holiday visa or bridging visa does not exceed a total of 12 months combined stay in Australia.  Exceptional circumstances must exist to be granted a period exceeding 12 months.

  1. Referred stay visas – human trafficking, slavery or slavery like practices.

Lowers the threshold and broadens the scope for allowing a person who has participated in the criminal justice process and would be in danger if they returned to their home country, to be issued an Attorney General’s certificate for a permanent Referred Stay visa

Effective from 01 December 2015 and apply to applications made on or after this date

  1. Three months employment for second Working Holiday Visa 

The three months specified work performed in order to gain a second WHV must be appropriately remunerated in accordance with relevant Australian legislation and awards.  The work will be calculated as the full time equivalent of 88 days.

Effective from 21 November 2015 and apply to applications made but not finally determined before this date or made on or after this date

  1. PIC 4020 added to six extra visa classes

The PIC 4020 has been added to Subclass (SC) 124 & 858 Distinguished Talent, SC 405 Investor Retirement, SC 410 Retirement, SC 771 Transit and SC 988 Maritime Crew visas.

Effective immediately

  1. Technical amendment

This is a technical amendment to enable an English test undertaken within three years of unfinalised pre-July 2012 applications to be accepted for those applications.

Source: MIA

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