Definitions and amendments

This Instrument substitutes and provides definitions for the following terms under Regulation 1.03.

Designated regional area – original definition replaced with – … means a part of Australia specified in an instrument under new Reg 1.15M. This is an inclusive term that provides for the total area covered by the definitions of designated city or major regional centre and designated regional area and may also be used to describe either area.

Designated city or major regional centre means Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart

Designated regional centre or other regional area means all other areas of regional Australia apart from Sydney, Melbourne, Brisbane, and Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart (ie the areas listed in the definition of a designated city or major regional centre).

Postcodes – the postcodes that define these areas are those in LIN 19/217 Regional Areas Instrument 2019

Schedule 13 – 9302 – amendments made by Schedule 1 of these Regulations apply in relation to visa applications made on or after the commencement of that Schedule on 20 January 2021. Applications for a second Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream can be made from that date.

Schedule 13 – 9303 – makes clear that the areas specified as a regional centre or other regional area on 20 January 2021, are also taken to be a regional centre or other regional area for all purposes relating to the assessment of where an applicant was living, working or studying before 20 January 2021.

Schedule 13 – 9304 – ensures that an area that was a designated regional area under the old definition continues to be a designated regional area under the new definition, for the purposes of assessing where the applicant lived, studied and worked before 20 January 2021. When assessing where an applicant lived, studied, or worked after 20 January 2021, the new definition and new legislative instrument under the new version of regulation 1.15M will be applicable.

VACs

The VACs for the second Post Study Work 485s are set at just under 40% of the first Post Study Work 485 VAC to be consistent with the objectives of attracting non citizens to live work and study in regional Australia (Sch 1: Reg 1229(2)(a))

  • Base charge primary applicant – $650
  • Additional applicant > 18 yo – $ 325
  • Additional applicant < 18 yo – $165

Schedule 1 and 2 Requirements.

Applicants must hold a first Post Study Work 485 visa at TOA for a subsequent Post Study Work 485 visa ie the subsequent application must be made before the first TGV expires (Sch 1: Reg 1229(3)(1); 1229(4)(a)(v): Sch 2: new Reg 485.211(b),(c) and (d)).

All applicants must have graduated from a regional education instruction and held a first Post Study Work 485 visa.

Applicants must have lived, worked and studied only in a designated regional area for two years continuously on their first Post Study Work 485 immediately before applying for the second TGV.

All applicants, primary and members of their family unit, must be in Australia to apply for the second TGV application. No offshore application COVID concession applies to these applicants (Sch 1:Reg 1229(3)(f) and (g))

No evidence of English language proficiency is required for applications for second Post Study Work 485s (Sch 2: Reg 485.212 (2))

new AFP check is not required for applications for second Post Study Work 485s (Sch 2: Reg 485.213(2))

NOTE: Visa holders may move within designated regional areas or other regional areas, or within designated city or major regional areas on their first Post Stidy 485 visa, but the requirements of the second Post Study 482 prevent visa holders from moving between these categories, eg from a regional area to a designated city, while holding that visa. Any move between the categories on the first Post Study 485 may affect eligibility for the two year Post Study 485.

maximum of two Post Study Work 485s may be held.

Two year second Post Study 485 visas

Those who have graduated, held a Post Study Work 485 and only lived, worked and studied in a designated regional centre or other regional area will be eligible for the grant of a second two year Post Study Work 485 (Sch 2: Regs 485:232 and 485.511).

Applicants eligible to be granted the two year Post Study visa are prevented from applying for a one year Post Study visa (Sch 2 Reg, 485.233(1)(c).

NOTE: The applicant must have lived and studied at a campus in a regional centre or other regional area, prior to the grant of the first Post Study 485. The applicant for a second Post-Study Work 485 must have continued living in that area, or in some other area that is also a regional centre or other regional area, while holding the first Subclass 485 visa. A break in the continuity of residence is permissible after finishing study, provided that the Subclass 485 visa holder lived, worked and studied only in a regional centre or other regional area for at least the period of two years immediately before applying for the second visa.

NOTE: This could include remote work for an employer located elsewhere and distance education provided by an educational institution located elsewhere.

One year second Post Study 485 visas

Those who have graduated, held a Post Study Work 485 and only lived, worked and studied in a designated city or major regional area will be eligible for the grant of a subsequent one year Post Study Work 485 (Sch 2: Regs 485:233 and 485.512)

Note: New Regulation 485.233 uses the broader definition of studying, living and working in a designated regional area as its basis, thus an applicant who has completed some of their time in a designated regional centrer or other regional centre but cannot meet the full requirements for Reg 485.232 may still be eligible to apply for a second one year TGV visa.

Visa validity and second visa commencement

The second Post Study Work 485 commences when the first Post Study Work 485 expires or would have expired ie the grant of the second Post Study Work 485 does not cease the first Post Study Work 485 enabling the holder to gain the full benefit of both visas (Regs 485.232(b) and 485.233(b)).

Conditions

New Condition 8601 is inserted into Schedule 8 – this condition requires the primary and secondary second Post Study Work 485 holders to live, work and study only in the relevant designated regional areas for which their visas were granted.

Applicants and MOFU must declare in their applications that they will abide by this condition.

The visa may be cancelled under s 116(1)(b) of the Migration Act id the visa holder does not comply with this condition.

Schedule 1 of this Instrument commences on 20 January 2021

COVID Concessions – application for SC 485 Temporary Graduate Visas while offshore

This Instrument F2020L01639 – Migration Amendment (Temporary Graduate Visas) Regulations 2020, clarifies the concessions introduced by the Migration Amendment (COVID-19 Concessions) Regulations 2020.

Schedule 1 Reg 1229(3)(g) permits applications for Subclass 485 (Temporary Graduate) visas to be made while by applicants who are outside Australia during the concession period. The date of the concession period at Reg 1.15N commenced on 1 February 2020 and ends on a day specified by the Minister (no date is specified).

Schedule 1 Reg 1229(4) removes the requirement for an applicant who is applying outside Australia during the concession period to have held an eligible student visa in the six month period prior to applying for the Temporary Graduate visa, if the Minister is satisfied that the applicant was unable to apply during the period mentioned in paragraph (a) because the applicant was outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020—in the period of 12 months immediately before the day the application was made.

Schedule 2 of this Instrument the Migration Amendment Regulations 2020 applies in relation to visa applications made on or after 19 December 2020.

The MIA has complied for members a list of holiday closures for relevant, common authorities used by RMAs, all in one place.

The Department and AAT

Closed public holidays only – Friday 25 December 2020, Monday 28 December 2020 and Friday 1 January 2021

AAT: End of year arrangements – offices, except for Canberra, Hobart and Melbourne, will be open from Tuesday 29 December to Thursday 31 December 2020.

States and Territories

Queensland

The BSMQ office will be closed from COB Thursday 24 December 2020 – Monday 04 January 2021.

ACT

Closing public holidays only – Friday 25 December 2020, Monday 28 December 2020 and Friday 1 January 2021

Tasmania

Closed 25/12/2020 through until Monday 04/01/2021.

South Australia

Closing at 3 pm on Wednesday, 23 December 2020 and reopening 9am on Monday, 11 January 2021

Western Australia

Closed on 25/12/2020 through until Monday 04/01/2021.

Northern Territory

Closing on the afternoon of 24 December and reopen on 4 January2021.

NSW

TBA

Victoria

TBA

Skills Assessing Authorities

Australian Computer Society

The ACS office will be closed from 2pm Wednesday 23 December 2020 and will re-open on Monday 11 January 2021. During this time phones and email will be unattended.

Email enquires received during this closure period will be responded to after we re-open on 11 January 2021.

Applicants and agents can continue to submit Migration Skills Assessments via the Online Application Form via our website throughout the closure period.

Please ensure you refer to our Skills Assessment Guidelines for Applicants and ACS Application Checklist on our website prior to submitting an application.

ACS Website

ANMAC – Australian Nursing & Midwifery Accreditation Council

The application portal will be closed from Friday, 18 December 2020 until Friday, 8 January 2021. No new applications will be accepted during this period.

Applications will be assessed approximately 6-7 weeks from the date your application has been made online. Please ensure you upload all requirements prior to this date and have requested relevant overseas registration verifications.

ANMAC website

Chartered Accountants – CA

CA website

Last day of work Friday 18 December 2020 and reopening Monday 11 January 2021.

CPA Australia – CPAA

Closed Public Holidays only – Friday 25 December 2020, Monday 28 December 2020 and Friday 1 January 2021.

CPAA website

Engineers Australia – EA

Christmas and New Year Shutdown and Service Delay

Please note: Engineers Australia will shut down during Christmas and New Year between 24th December 2020 and 10th January 2021.

Applications lodged between 7th December 2020 and 31st January 2021 are expected to be affected by the shutdown period and may experience a service delay. Fast Track may take longer than the advertised 20 working days to be claimed by an assessor but will be addressed first.

EA Website

Institute of Managers and Leaders – IML

Closed Monday 21 December 2020 and reopen on Monday 4 January 2021

IML website

Medical Board of Australia – MedBA (AHPRA)

Closed Public Holidays only – Friday 25 December 2020, Monday 28 December 2020 and Friday 1 January 2021

MedBA website

Trades Recognition Australia – TRA

Closed for the Christmas/New Year period.

The Trades Recognition Australia Enquiry Line will close at 4pm, Wednesday 23 December 2020 and will reopen at 10am, Monday 4 January 2021.

All enquiries during this time can be emailed to traenquiries@dese.gov.au. Please note that enquiries will not be actioned before Monday 4 January 2021.

TRA website

VETASSESS – Vocational Education and Training Assessment Services

Closed from Monday, 21 December 2020 and will reopen on Monday, 4 January 2021.

We will continue to accept online Skills Assessment applications, however, we will not be able to respond to emails and phone calls.

VETASSESS website

Acting Minister Tudge has today released information on changes to the Business innovation and Investment Program which will come into effect from 1 July 2021.

The MIA is encouraged that the Department considered and adopted recommendations made by the MIA to the inquiry into the BIIP revamp, including only making incremental changes to the program to maintain investor trust and to consider the impact of COVID on global investment potential and not hugely increase SIV thresholds.

The new program will be reduced to four instead of nine streams:

  • Business Innovation
  • Entrepreneur
  • Investor
  • Significant Investor

Changes to these streams include:

  • The provisional visas will now be valid for five years with provisional visa holders in all four streams able to apply for permanent residence if they meet the requirements after three years.
  • There will be a clear path to permanent residency or each category.
  • There will be further consultations on changes to the Complying Investment Framework in the first half of 2021, to give sufficient time for businesses and investors to adjust.

Business Innovation visas

  • Business Innovation visa holders will continue to be able to extend their provisional visas if they do not meet the business and residence thresholds in the required timeframe.
  • Business Innovation provisional visa holders can apply for a single two-year extension provided they demonstrate a realistic commitment to continuing to manage a business that has been actively operating in Australia for the previous two years.
  • Business Innovation visa holders will be required to hold increased business assets of $1.25 million (up from $800,000) and have an annual turnover of $750,000 (up from $500,000) to prove their business acumen.

Significant Investor visas

  • Significant Investor visa holders will continue to be able to extend their provisional visas if they do not meet the business and residence thresholds in the required timeframe.
  • Significant Investor provisional visa holders can apply for two x two-year extensions provided they continue to maintain their complying significant investment.

Entrepreneur Visas

  • The $200,000 funding threshold required for Entrepreneur visa applicants will be scrapped.
  • Entrepreneur visa applicants will need to be endorsed by a State or Territory government.

Streams closing 1 July 2021

The following BIIP streams will be closed for new applications from 1 July 2021 are:

  • Premium Investor
  • Significant Business History
  • Venture Capital Entrepreneur

The full media release is available on Acting Minister Tudge’s site

Information and submissions to the BIIP Inquiry are available on the Department’s site

NSW Skilled Occupation Lists

NSW is currently working from reduced skilled occupation lists at Home Affairs direction. The occupations NSW is currently nominating for the subclass 190 and subclass 491 visas can be found below. These lists are subject to change without notice.

NSW does not release information about the overall quota of nomination places, or allocation of places to each occupation. Information about minimum eligibility criteria, and how invitation rounds work, can be found on our Skilled

Nominated (Permanent) visa (subclass 190) (https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-visas/Skilled-Nominated-visa-subclass-190) website.

Information about how to apply for regional NSW nomination can be found on our Skilled Work Regional

(Provisional) visa (subclass 491) (https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-visas/skilled-work-regional-visa-subclass-491) website.

For answers to our most frequently asked skilled migration questions, please see our skilled visa FAQs

(https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-visas/frequently-asked-questions) website.

Skilled Nominated (Permanent) visa (subclass 190)

  • 133211 Engineering Manager
  • 134211 Medical Administrator
  • 134212 Nursing Clinical Director
  • 134214 Welfare Centre Manager
  • 233911 Aeronautical Engineer
  • 233913 Biomedical Engineer
  • 233916 Naval Architect
  • 233999 Engineering Professionals nec
  • 254411 Nurse Practitioner
  • 254412 Registered Nurse (Aged Care)
  • 254413 Registered Nurse (Child and Family Health)
  • 254414 Registered Nurse (Community Health)
  • 254415 Registered Nurse (Critical Care and Emergency)
  • 254417 Registered Nurse (Disability and Rehabilitation)
  • 254418 Registered Nurse (Medical)
  • 254421 Registered Nurse (Medical Practice)
  • 254422 Registered Nurse (Mental Health)
  • 254423 Registered Nurse (Perioperative)
  • 254424 Registered Nurse (Surgical)
  • 254425 Registered Nurse (Paediatric)
  • 254499 Registered Nurses nec
  • 261111 ICT business Analyst
  • 261112 Systems Analyst
  • 261311 Analyst Programmer
  • 261312 Developer Programmer
  • 261313 Software Engineer
  • 262112 ICT Security Specialist
  • 263111 Computer Network and Systems Engineer
  • 312311 Electrical Engineering Draftsperson
  • 312312 Electrical Engineering Technician
  • 312999 Building and Engineering Technicians nec

Skilled Work Regional (Provisional) visa (subclass 491)

Page Link: https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-visas/nsw-skilled-occupations-list

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