Legislative Updates
Excluded health care costs for PIC 4005 and 4007
Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022 – F2022L00618 repeals IMMI 11/073 and provides a list of health care and community costs that are excluded from consideration in the costs assessment for PICs 4005 and 4007 for specific temporary visa holders.
It is reasonable for these services to be excluded in assessing whether significant costs exist, as these are not generally available to temporary visa holders. This instrument also makes minor changes to update the wording of the previous instrument.
This Instrument applies to all temporary visas other than those specified in LIN 22/077 ( see below) which lead to permanent residency.
For Sch 4 PIC Regs 4005(3) and 4007(1B) the following health care and community services are excluded from costs assessments:
- social security payments
- benefits derived from holding a health care card or pensioner concession card
- provision of pharmaceuticals listed under the pharmaceuticals benefits scheme that if the person ceases to take would not be seriously detrimental to their life or wellbeing
- services provided under the National Disability Insurance Scheme.
The previous instrument IMMI 11/073 was repealed on 18 March 2018. However, the provisions of that instrument in relation to Item 4006A continue in force for any applications made before that date.
This Instrument commences on 21 April 2022
PIC 4005 and 4007 for Temporary Visas leading to PR
Public Interest Criteria 4005 and 4007 require visa applicants to be free from health conditions that will impose a significant cost on Australian public health and community services. Under PIC 4005(2)(b)(ii) and 4007(1A)(b)(ii) temporary visas with potential pathways to permanent residency are required to meet the relevant PIC.
This Instrument identifies those temporary visas these PICs apply to, adding new and removing repealed or closed visas.
This Instrument applies PICs 4005 or 4007 to the following visas:
The Instrument removes the following visa as they have been repealed or are no longer open to applications:
- Subclass 310 – Interdependency (Provisional)
- Subclass 457 – Business (Long Stay) – as defined in subclause 457.223(7)
- Subclass 475 – Skilled Regional Sponsored
- Subclass 495 – Skilled – Independent Regional (Provisional)
- Subclass 496 – Skilled – Designated Area-sponsored (Provisional)
- Subclass 826 – Interdependency
References to PIC 4006A have been removed with this Instrument as that condition was repealed on 18 March 2018, although applications made before that date are still subject to that condition.
This Instrument repeals IMMI 16/067 and commenced on 12 April 2022.
Specified work for 2nd and 3rd WHM visas
Migration (Specified work and areas for subclass 417 and 462 visas) Amendment Instrument (LIN 22/050) 2022 – F2022L00588 amends Sch 1 of LIN 22/012 and Sch 2 of LIN 22/013 to update the type and locations of specified work for WHM visas.
Holders of SC 417 and SC 462 visas are required to undertake specified work in specified areas of Australia to be eligible for second and third WHM visas.
These amendments:
- add flood recovery work and areas for this work as specified work for these visas
- update bushfire recovery work details to include voluntary work
- update the areas in which tourism and hospitality work must be carried out.
Flood recovery work
Paid or unpaid work carried out after 31 December 2021 in specified flood-affected areas in NSW and Queensland will be eligible for specified work for SC 417 and SC 462. This work can include:
- construction or any other work in association with restitution or restoration of services, land, waterways, property or infrastructure
- providing support services or assistance to people living, working or volunteering in the affected areas.
This work must be carried out in flood-affected areas listed in Item 9 of Schedule 1 and Item 9 of Schedule 2 to the instrument.
Bushfire recovery work
Work undertaken on a paid or voluntary basis after 31 July 2019 in specified bushfire affected areas will be eligible for specified work for SC 417 and SC 462 visas for LIN 22/013.
Tourism and Hospitality
Four new postcodes, Queensland 4406, 4416, 4498 and Tasmania 7215, have been added to the specified areas where tourism and hospitality work can be undertaken for SC 417 and SC 462 purposes.
Postcode 7001 is removed from both LIN 22/012 and 22/013 as a location for specified work. This postcode was included due to an error in ABS data.
Other
This Instrument also makes technical amendments to bushfire recovery work and critical COVID-19 work specified in LIN 22/012 and LIN 22/013.
This Instrument commences on 1 July 2022.
Department of Home Affairs Updates
Student visa applicants
The Department’s website has been updated for student visa applicants who are unable to complete English tests, biometrics or health examinations within the specified timelines:
If you are unable to provide additional information within the specified timeframe, tell us what steps you have taken to get the information. Attach evidence such as a payment receipt or booking confirmation in
If you do not tell us that you need more time, we may make a decision based on the information already provided.
Sponsored Parent – SC 870 visa holders
Sponsored Parent (Temporary) SC 870 visa holders who were outside Australia on 1 July 2021 have had their visa period automatically extended by 18 months in response to COVID travel restrictions.
If the visa is extended under this concession, the additional 18 months will not count towards the cumulative 10 years maximum stay period.
Sponsorship obligations have also been extended for the same 18 month period.
Visa details and conditions should be checked in VEVO.
ENS SC 186 DE – Pro-rata work experience
The regular enquires from members on whether pro-rata part-time work is acceptable for the 3 years of work experience for ENS SC 186 Direct Entry applicants.
Members will remember that previous versions of the PAM included information on part-time work but this was ‘inadvertently’ left out of later stack updates. The Department has confirmed at that time that this section would be restored to the Procedural Instructions and until further notice continues to apply:
The relevant section in the current stack on work experience is 3.7.9.2. Three-year work experience. The original policy stated:
In Australia, part-time work arrangements and variable working hours are increasingly common. This will impact how work experience is calculated. If work experience is to be expressed in full-time terms, for part-time workers this can be calculated pro-rata
The pro-rata calculation will remain allowable, however, experience gained through casual employment will not be counted towards the three-year work experience requirement.
States and Territories Updates
Tasmania
State Nomination Program – New applications temporarily restricted
Tasmanian now has enough applications on hand to fill its State Nomination Program quota by the end of June 2022. New applications are temporarily restricted to invited candidates only.
- Applications ‘In Progress’ at 5:00 pm (AEST) 15 April 2022 will be able to be lodged until 14 days after commencement (as advised during the online application process).
- New applications created and then lodged after 5:00 pm (AEST) 15 April 2022 will only be eligible for consideration if the applicant has been invited to apply by Migration Tasmania. Applications lodged without an invitation will be declined.
- Applications lodged before 5:00 pm (AEST) 15 April 2022 will be processed as normal until all nomination places are used. Any remaining successful applications will be nominated against places allocated to Tasmania in the 2022-23 program year.
Applications that are not processed before 30 June 2022 will be processed in the next program year.
Further information is available on the Migration Tasmanian website
Townsville DAMA announced
Minister Hawke has announced the signing of a DAMA for the Townsville region. This covers 195 occupations across a broad range of sectors including manufacturing, health care and social assistance, transport, and professional, scientific and technical services.
The Designated Area Representative for the DAMA is Townsville Enterprise who will administer the process of accessing the Townsville DAMA which will open to businesses operating in any of the 9 Local Government Areas covered by the agreement – City of Townsville, Hinchinbrook Shire, Charters Towers Regional Council, Burdekin Shire, City of Mount Isa, Shire of Cloncurry, Shire of McKinlay, Shire of Richmond and Shire of Flinders.
Local businesses can apply individually to access the DAMA from 1 July 2022.
Further information can be found on the Minister’s media page.
TRA – JRP Advice – SC 408 visa holders
Trades Recognition Australia has amended its position on its Job Ready Program (JRP) for SC 408 visa holders. Holders of SC 408 visas have previously been advised that their applications for the JRP would not be successful.
This TRA stance has now been amended following discussions with the Department and TRA will now accept these applications.
However, TRA advises applicants that completion of the JRP while holding this visa is ‘unlikely‘ to be supported as a pathway to permanent residency or migration.
Ukraine visa support webpage
The Department has again updated its Ukraine visa support webpage. Of particular note is information on what travel documents are acceptable:
Ukrainian nationals who wish to make a visa application to travel to Australia must hold one of the following:
- a valid passport, which may include:
- passports that have been extended by an Embassy or Consulate of Ukraine or the Ukraine State Migration Service with an inscription stating the extended validity date
- additional minors (under 16) inscribed in a parent/guardian’s passport notated by an Embassy or Consulate of Ukraine or the Ukraine State Migration Service
- a certified Certificate of Identity (Свідоцтво що засвідчує особу) issued by an Embassy or Consulate of Ukraine by a neighbouring country
- an internal passport in the form of an ID-Card, that states in both Ukrainian and English: full name, date of birth, place of birth.
An internal passport in the form of a booklet is not valid for the grant of a visa or travel to Australia. If you have these documents, you should still provide copies of your application to help confirm your identity.
Further important information including for those without travel documents, children travelling with one parent, and medical, is available on the Ukrainian visa support webpage.
