123 policy changesin Australia since 2010
Last refreshed September 27, 2026 · 19:00 UTC
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Brisbane 2032-accredited participants designated for nil-VAC Subclass 408 treatment
The instrument designates the Brisbane 2032 Olympic and Paralympic Games and the specified class of accredited participants for nil visa-application-charge treatment under the Subclass 408 Temporary Activity visa provisions.
Creation of Statutory Arrival Control Determination Powers (Subdivision AGA)
Inserts Subdivision AGA into Division 3 of Part 2 of the Migration Act 1958 through Schedule 1 of the Migration Amendment (2026 Measures No. 1) Act 2026. The new provisions empower the Minister for Home Affairs to issue an "Arrival Control Determination" to temporarily suspend the travel and entry rights of entire classes of offshore temporary visa holders during international crises or rapid shifts in geopolitical conditions to protect system integrity.
Australia creates temporary arrival-control power and applies it to certain Iranian visitor visa holders
Australia used new Migration Amendment (2026 Measures No. 1) powers to make an Arrival Control Determination restricting travel by certain Visitor visa holders linked to Iranian passports, with limited permitted-travel exceptions.
Remaking and Modernisation of Migration Agents Regulations and Mandatory CPD Standards
Replaces the sunsetting Migration Agents Regulations 1998 with the Migration Agents Regulations 2026, setting updated regulatory requirements for migration agent registration, disciplinary actions, and continuing professional development (CPD). Phase scope: Full legal commencement across Australia.
Online Lodgement Transition for Permanent Parent Visas
Updates the approved form, place, and manner requirements for Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class CA), and Contributory Aged Parent (Class DG) visas to transition lodgements from paper/courier submission to electronic lodgement via ImmiAccount.
Removal of Letter of Support Requirement for Luxembourg Work and Holiday (Subclass 462) Applicants
From 3 June 2026, Luxembourg passport holders no longer need to provide a Letter of Support with their Work and Holiday (subclass 462) visa application.
Australia-New Zealand Refugee Resettlement Arrangement Wind-Down
The Department of Home Affairs has updated its policy guidance regarding the Australia-New Zealand resettlement arrangement. Following the closure of the referral window in June 2025, processing and departures of eligible individuals will officially finalize by the end of June 2026.
Reduction of Regional Category Visa Allocation for FY 2026–27
Under the officially set 2026-27 Permanent Migration Program planning levels, the regional visa allocation (such as subclass 491 and 494) has been heavily reduced to 14,110 places from 33,000 in the previous year.
Subclass 202 Community Support Program Realignment and Selection Priorities
Amends the Migration Regulations 1994 to realign the Community Support Program (CSP) under the Subclass 202 (Global Special Humanitarian) visa framework. Introduces a legislative instrument mechanism allowing the Minister to specify annual caps on the number of applicants an Approved Proposing Organisation (APO) may propose in a financial year, including provisions for counting and disregarding applicants. Modifies visa criteria to ensure permanent settlement is consistent with Commonwealth priorities set by legislative instrument, updates provisions regarding proposing organisations and form 1417 submissions, and applies these changes to new applications and/or undecided applications made before or after commencement.
Uruguay Work and Holiday (Subclass 462) Annual Quota Increase to 1,500 Places
From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay.
Nil Visa Application Charge (VAC) for Pacific Australia Card Holders (LIN 25/007)
Legislative Instrument LIN 25/007 specifies that holders of a valid Pacific Australia Card issued by the Government of Australia are in a specified class of persons for a nil Visa Application Charge (VAC) for the first instalment when applying outside Australia for a Subclass 600 (Visitor) visa in either the Tourist stream or the Business Visitor stream.
Establishment of Subclass 192 (Pacific Engagement) Treaty Stream (Australia-Tuvalu Falepili Union)
Amends the Migration Regulations 1994 to implement Article 3 of the Australia-Tuvalu Falepili Union Treaty by creating two streams in the Subclass 192 (Pacific Engagement) visa: the Pacific Engagement stream and a dedicated permanent Treaty stream for eligible citizens of Tuvalu (with an annual allocation allowing unrestricted work and study in Australia).
Pre-Application Process and Selection Rules for Subclass 192 Visa (Treaty Stream)
Establishes the rules for the conduct of the visa pre-application process (ballot registration framework) for a Subclass 192 (Pacific Engagement) visa in the Treaty stream.
Indexation of Skilled Visa Income Thresholds (TSMIT) via LIN 25/038
Annual indexation of the TSMIT threshold from AUD 73,150 to AUD 76,515 applying in relation to an application for the approval of a nomination made on or after 1 July 2025.
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025
Enables digital internet-based lodgement of Subclass 202 (Global Special Humanitarian) visa applications under the Special Humanitarian Program (SHP).
Revised English Language Proficiency Benchmarks and Approved Tests (LIN 25/016)
Updates and specifies the accepted English language test providers and scores across four proficiency bands (Vocational, Competent, Proficient, Superior) under the Migration Regulations 1994, repealing instrument IMMI 15/005. The instrument applies to visa applications made on or after commencement on 7 August 2025 and specifies transitional provisions for tests undertaken in the 36-month period before application and before commencement. It specifies approved tests including C1 Advanced, CELPIP General, IELTS Academic, IELTS General Training, LANGUAGECERT Academic, MET, OET, PTE Academic, and TOEFL iBT, subject to specific exclusions per band (such as C1 Advanced excluded from Vocational, and MET excluded from Superior). It also specifies exempt passport-issuing countries: Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.
Specification of English Language Proficiency Requirements for Subclass 500 (Student) Visas (LIN 25/090)
Formally sets out the approved English language tests, minimum scores, and exempt categories required to satisfy primary grant criteria for Subclass 500 (Student) visa applications.
Specification of Medical Assessment Matrix for Public Interest Criteria (LIN 25/049)
Repeals and replaces the health matrix instrument to specify mandatory immigration medical assessments, authorized medical examiners, and required health exams necessary to satisfy Public Interest Criteria (PIC) 4005 and 4007 according to country of origin, stay duration, and intended activity.
Closure of COVID-19 Pandemic Event Stream (Subclass 408)
Repeals instrument specifying the COVID-19 Pandemic event stream under the Subclass 408 Temporary Activity visa, formally shutting down the Pandemic event visa to all new applications.
Increased English Language Requirements for Student and Temporary Graduate Visas
Raised the minimum English language score requirements and reduced the test certificate validity window for Student (Subclass 500) and Temporary Graduate (Subclass 485) visa applicants. For Subclass 500, the baseline IELTS requirement increased from 5.5 to 6.0 (packaged ELICOS from 4.5 to 5.0). For Subclass 485, minimum IELTS increased from 6.0 to 6.5 (with at least 5.5 in each component) and the test validity window was reduced from 3 years to 1 year. Phase scope: Applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.
Commencement of statutory visa pre-application ballot framework
Established a legal framework allowing the Minister to conduct visa pre-application selection ballots and regulations to make selection a visa-application validity requirement, excluding designated protection and humanitarian visa classes.
Ministerial Direction No. 110: Character Test Visa Refusal and Cancellation Framework
Direction No. 110 was executed pursuant to section 499 of the Migration Act 1958, revoking Ministerial Direction No. 99. The direction reformed the mandatory assessment framework for delegates and tribunals deciding visa refusals, cancellations, and revocation of mandatory cancellations under sections 501 and 501CA. It elevated the protection and safety of the Australian community to the primary consideration of highest priority, alongside increased weighting against family violence and serious crimes.
Enhanced Labour Market Mobility and Extended Work Cessation Period
Amends visa conditions (such as 8107, 8607, and 8608) to provide holders of Subclasses 457, 482 (Temporary Skill Shortage), and 494 visas up to 180 consecutive days (and up to 365 cumulative days across the visa term) to cease employment with their sponsor without breaching conditions, allowing them to work for other employers or in different occupations while seeking a new sponsor.
Migration Amendment (Strengthening Employer Compliance Act) 2024
Introduced civil and criminal penalties to combat temporary migrant worker exploitation in Australia. This includes criminal offenses for exploiting a worker based on their visa status and establishing a prohibition measure to ban non-compliant employers from hiring additional temporary migrant workers.
Removal of Specified Work Requirements for UK Working Holiday Visa Holders
Removed the obligation for British passport holders to carry out "specified work" (such as regional/agricultural labour) in order to qualify for a second or third Working Holiday (Subclass 417) visa.
Closure of the Business Innovation and Investment Program (BIIP) (Subclass 188)
The Business Innovation and Investment Program (Subclass 188) was formally closed to all new applications [search_result]. The Government announced refund arrangements for unfinalized applicants wishing to withdraw.
Mobility Arrangement for Talented Early-professionals Scheme (MATES) Stream
Establishes the Mobility Arrangement for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work (International Relations)) visa for eligible Indian graduates and early career professionals. Applicants must be outside Australia when applying, hold a valid passport issued by the Republic of India, and must not currently or previously have been in Australia as a Subclass 403 visa holder in the MATES stream. Additional requirements include being a selected participant for a visa pre-application process, being between 18 and 30 years old at the beginning of the registration open period, graduating from a specified foreign educational institution within 2 years of the beginning of the registration open period, and applying on or before the date specified in the notice of selection. Applicants must hold a qualification of a specified kind related to a specified industry conferred by a specified foreign educational institution, satisfy specified language test requirements or English language proficiency, and meet public interest criteria 4005 and 4019. The visa permits travel to and entry into Australia within 12 months of grant, and a stay of 24 months after first entry. Visas are subject to mandatory conditions 8303, 8501, and 8516, with discretionary conditions 8301, 8502, 8503, 8525, and 8526.
Australia opens permanent Resolution of Status pathway for TPV and SHEV holders
Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.
Across-the-Board Increase in Visa Application Charges (VACs)
Amends Schedule 1 of the Migration Regulations 1994 to increase Visa Application Charges across visitor, working holiday, student, and select temporary and permanent skilled visa subclasses.
Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream
The Australian Government closed the Subclass 408 COVID-19 Pandemic Event visa stream to new applicants, restricted eligibility to existing holders with 28 days or less remaining on their visa, shortened subsequent stay validity to up to 6 months, and introduced a Visa Application Charge of AUD 405. Phase scope: Initial restriction phase (closure to non-holders, application fee introduced, stay reduced to 6 months) leading to total program closure on 1 February 2024.
Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions
Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day). Also introduces integrity requirements allowing refusal or re-assessment where substantial concerns exist regarding the applicant's identity.
Expanded visa cancellation ground for concealed biosecurity goods
Expanded discretionary cancellation grounds for specified visitor, student and temporary-work visas to include reasonably suspected contraventions of subsection 186A(1) of the Biosecurity Act 2015 concerning concealed conditionally non-prohibited goods.
Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)
Established stringent conditions and criminal offense provisions on Subclass 070 (Bridging R / Removal Pending) visas granted to non-citizens who cannot be removed in the reasonably foreseeable future following the High Court's NZYQ judgment, including mandatory curfews, electronic monitoring, and reporting obligations.
Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream
Expands pathways to permanent residence for Temporary Skill Shortage (TSS) Subclass 482 and Subclass 457 visa holders under the Employer Nomination Scheme (ENS) Subclass 186 and RSMS Subclass 187 TRT streams. Reduces the required employer sponsorship period from 3 years in 4 years to 2 years in 3 years, removes the requirement for occupations to be on the Medium and Long-term Strategic Skills List (MLTSSL) for TRT, and removes the limit on onshore Short-Term stream Subclass 482 visa renewals.
Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures
Enacts amendments to the Migration Regulations 1994 regarding Subclass 070 (Bridging (Removal Pending)) visas, updating conditions, application rules, and introducing a 12-month period for specific monitoring and curfew conditions.
Removal of mandatory Workforce Australia advertising for labour market testing
Removed the mandatory requirement to advertise nominated positions on Workforce Australia as part of labour market testing for subclass 482 and 494 nominations.
Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors
Temporary visa holders with work rights can access the COVID-19 Pandemic Event (Subclass 408) visa with no visa application charge for 6 or 12 months when working in any sector of the Australian economy.
Hong Kong permanent-residence stream opened under Subclass 189
From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020. Other applicable visa criteria remained in force.
Hong Kong regional permanent-residence stream opened under Subclass 191
From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument. Other applicable visa criteria remained in force.
Subclass 445 grant-location flexibility extended beyond the COVID concession
From March 5, 2022, the Migration Amendment (2022 Measures No. 1) Regulations 2022 replaced clauses 445.411 and 445.412 with a rule allowing a Subclass 445 (Dependent Child) visa applicant to be in or outside Australia at the time of grant, but not in immigration clearance.
Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions
Introduces specific criteria waivers and concessions for COVID-19 affected holders of Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas who were unable to enter or utilize their visas due to border closures, allowing them to apply for replacement visas without satisfying standard age or location limitations.
Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream
Amends the Migration Regulations 1994 to repeal the separate Seasonal Worker Program and Pacific Labour Scheme streams under the Subclass 403 (Temporary Work (International Relations)) visa and consolidates them into a single Pacific Australia Labour Mobility (PALM) stream for short- and long-term workers from participating Pacific Island nations and Timor-Leste.
Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)
Introduced an age exemption under LIN 22/047 for 'legacy 457 workers' transitioning to a subclass 186 visa.
Repeal of the Australian Agriculture Worker Stream
Repeals the Australian Agriculture Worker (AAW) stream under the Subclass 403 visa, consolidating all agricultural labor mobility pathways under the Pacific Australia Labour Mobility (PALM) scheme.
Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022
Amends the Migration Regulations 1994 to restrict primary applications for Subclass 189 (Skilled - Independent) visas in the New Zealand stream so they must be made before 10 December 2022 or on or after 1 July 2023, while exempting applications made before 10 December 2022 from certain criteria.
Facilitation of Onshore Grants for Certain Offshore Family Visas During COVID-19
Amends the Migration Regulations 1994 to enable certain offshore family stream visa applicants (Subclasses 101, 102, 300, 309, and 445) who were in Australia during the concession period to be granted their visas onshore.
Determination of Maximum Grant Caps for Family Visas for FY2020–21
Sets the statutory maximum granting caps under paragraph 85(1)(b) of the Migration Act 1958 for the 2020/2021 financial year ending 30 June 2021: a maximum of 3,600 Contributory Parent visas (with a maximum of 125 visas granted to applicants for the Contributory Parent (Migrant) (Class CA) visa seeking to satisfy either the primary criteria in clause 143.214 or the secondary criteria in clause 143.313 of Schedule 2 to the Regulations), a maximum of 900 Parent visas, and a maximum of 500 Other Family visas.
Inclusion of Hospitality and Tourism into the COVID-19 Pandemic Event (Subclass 408) Visa
Amends legislative instrument LIN 20/229 to expand the class of persons eligible for the nil-application-charge Subclass 408 (Temporary Activity) COVID-19 Pandemic Event stream to include individuals employed by, or holding an offer of employment from, an employer in the tourism and hospitality sector, and permits application if holding a substantive visa 90 days or less from expiring.
Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 35, 2021)
Amended section 197C and inserted section 36A into the Migration Act 1958 to clarify that mandatory statutory removal provisions do not authorise the removal of an unlawful non-citizen to a country in respect of which a valid protection finding has been made (codifying non-refoulement review mechanisms in response to Federal Court rulings).
Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa if the applicant does not have another pending BVE application
For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, subject to the condition that the applicant does not have another pending BVE application.
Nil VAC Concession for COVID-19-Affected Working Holiday Makers (LIN 21/043)
Introduces a nil Visa Application Charge (VAC) concession for applicants for a Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa whose last held visa is a COVID-19 affected visa, provided they have not made a prior unfinalised or refused application for another visa of the same subclass with a nil VAC amount.
Addition of Pharmacist Occupations to the Priority Migration Skilled Occupation List (PMSOL)
Expands the Priority Migration Skilled Occupation List by adding three pharmacist occupations—Hospital Pharmacist (ANZSCO 251511), Retail Pharmacist (ANZSCO 251513), and Industrial Pharmacist (ANZSCO 251512)—granting them fast-tracked employer-sponsored visa and nomination processing to bolster Australia's vaccine rollout.
Exclusion of Non-Compliant Employers from Working Holiday Maker Extensions
Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.
Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (F2021L01029)
Amends Schedule 2 of the Migration Regulations 1994 to automatically extend Subclass 870 (Sponsored Parent (Temporary)) visas by 18 months for visa holders who were outside Australia on 1 July 2021 and impacted by pandemic border restrictions.
Prospective Marriage Visa Automatic Validity Extension
Amends the Migration Regulations 1994 by inserting clause 300.513 to provide an automatic extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 for visa holders who were outside Australia on 15 September 2021 and held a valid visa on that date.
Australia adds South Korea to COVID-19 entry restrictions
Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after 5 March 2020 are not allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea. Australian citizens and permanent residents are still able to enter Australia, as are their immediate family members (spouses, legal guardians or dependants only), and they are required to self-isolate at home for 14 days from the day they left the Republic of Korea.
Australia introduces an outbound passenger travel prohibition with statutory and discretionary exemptions
From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied. General exemptions covered people ordinarily resident outside Australia; crew members or safety/maintenance workers associated with an aircraft or vessel other than the outgoing aircraft or vessel; people engaged in day-to-day inbound or outbound freight; travel associated with essential work at an offshore facility; and official government business, including Australian Defence Force members. An APS employee in the Australian Border Force could grant a written exemption to the citizen, permanent resident or operator in exceptional circumstances, demonstrated by a compelling reason for needing to leave Australian territory. This record describes the original determination’s prohibition and exemptions at commencement, not later amendments or its eventual termination.
Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020
Created the COVID-19 Pandemic event stream for the Subclass 408 (Temporary Activity) visa, allowing certain temporary visa holders to lawfully stay and work in Australia.
Migration Amendment (Regulation of Migration Agents) Act 2020 (Administrative Refusal & Scope Provisions)
Implemented operative administrative powers under Part 3 of the Migration Act 1958 enabling the Office of the Migration Agents Registration Authority (OMARA) to formally refuse an application for registration as a Registered Migration Agent if an applicant fails to provide requested information within the prescribed timeframe, and expanded the statutory definitions of providing immigration assistance and making immigration representations. Phase scope: Early administrative provisions; full dual-regulation deregulation for unrestricted legal practitioners was deferred to March 2021
Migration (LIN 20/182: Subclass 417 (Working Holiday) Visa — Specified Work and Places) Instrument 2020
Enables Subclass 417 visa holders undertaking critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 to count this work toward eligibility for a second or third Working Holiday visa.
Migration (LIN 20/184: Subclass 462 (Work and Holiday) Visa — Specified Work and Areas) Instrument 2020
Specifies critical COVID-19 healthcare and medical work carried out in any Australian postcode area after 31 January 2020 as specified work for Subclass 462 visa eligibility.
Mandatory Jobactive Advertising for Employer-Sponsored Labour Market Testing
Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.
Migration (LIN 20/229: COVID-19 Pandemic Event for Subclass 408 (Temporary Activity) Visa) Instrument 2020
Expands the eligible class of persons for the nil-VAC Subclass 408 COVID-19 Pandemic Event visa to include individuals with relevant skills and qualifications undertaking or intending to undertake work in the aged care sector.
Implementation of Broad COVID-19 Concessions Across Visas
Inserts a formal "concession period" definition starting retroactively on 1 February 2020 and enacts regulatory concessions across multiple visa subclasses (Subclass 887, 888, 188, 790, and 485). This includes allowing offshore lodgement/grant and reduced regional work/residence periods for Subclass 887, extending timeframes for business visas (188/888), and permitting offshore applications and grants for Temporary Graduate (Subclass 485) visas.
Extension of Prospective Marriage (Subclass 300) Visa Validity
Provided visa validity extensions permitting the holder to travel to, enter and remain in Australia until 31 March 2022 for Subclass 300 visa holders who were in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020 and who are outside Australia on 10 December 2020.
Subclass 189 (New Zealand Stream) Income Threshold & Exemptions
Specified minimum taxable income amounts for the Subclass 189 (Skilled – Independent) New Zealand stream for the 2019-20 income year and prior years, and specified classes of exempt applicants along with required evidence.
Medivac: statutory medical-transfer approval and review pathway
From March 2, 2019, Schedule 6 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 added a medical-transfer approval and review pathway alongside the existing section 198B temporary-transfer power. For the section 198E pathway, the person had to be a transitory person in a regional processing country when the section commenced, or born in a regional processing country. Two or more treating doctors had to notify the Secretary that the person needed medical or psychiatric assessment or treatment, was not receiving appropriate care there, and needed removal for appropriate care. Treating doctors could be registered or licensed in Australia or a regional processing country and could assess remotely or in person. The Minister had to decide personally within 72 hours of notification and approve unless transfer was reasonably considered medically unnecessary, reasonably suspected prejudicial to security, or the person had a statutory substantial criminal record and was reasonably believed to pose a serious risk of criminal conduct. Failure to decide in time meant deemed approval. A refusal on medical-necessity grounds went to the Independent Health Advice Panel for further assessment and recommendation within 72 hours; failure to recommend in time meant a deemed recommendation to approve. The Minister then had 24 hours to reconsider. If the panel recommended approval, refusal was limited to the security or criminal-risk grounds; failure to decide meant deemed approval. Following approval under section198E or198F, an officer had to bring the person to Australia as soon as practicable for temporary assessment or treatment. The Act also provided AAT review of section198E refusals other than those on security or criminal-risk grounds. Transfer did not itself confer a permanent visa: the statutory note required immigration detention until removal or a ministerial determination that detention was no longer required. This record concerns the medical-assessment pathway; the Act separately provided for legacy minors and accompanying family or recommended companions.
Introduction of Third-Year Visa Extension for Working Holiday Makers
Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.
Sponsored Parent (Temporary) subclass 870 visa applications open
Visa applications for the Sponsored Parent (Temporary) subclass 870 opened on July 1, 2019. The legal framework and sponsorship applications had commenced on April 17. Each visa applicant had to be at least 18, have an approved parent sponsor and normally apply offshore within six months of sponsorship approval; applying in Australia required ministerial permission. Applicants could not already hold an 870 visa. The route allowed stays of up to three or five years, with a five-year maximum per grant and ten years cumulatively. All applicants had to meet primary criteria, including sufficient funds, adequate health insurance, substantial compliance with previous visa conditions, a genuine temporary-stay intention, the applicable public-interest and special-return criteria, and payment or suitable arrangements for outstanding public-health debt. Previous 870 holders applying offshore normally needed 90 consecutive days outside Australia after the relevant departure, unless exceptional circumstances existed. Sponsors had to be adults, establish identity, consent to relevant information disclosure and be Australian citizens or qualifying permanent residents or eligible New Zealand citizens. The latter two groups required four years of usual residence immediately before applying, without unlawful status or bridging visas other than A, B or C during that period. Permitted parents included the sponsor’s parents and parents of a qualifying citizen, permanent-resident or eligible-New-Zealand-citizen spouse or de facto partner; a specific replacement-sponsorship provision covered certain parents or their partners after the death of the original sponsoring partner, subject to an application within 90 days and the parent still holding an 870 visa. Sponsors had to meet the prescribed taxable-income test, either alone or combined with income of their partner and/or one qualifying child of a specified sponsored parent; when combining income, the sponsor’s own income had to reach at least half the prescribed threshold. Conduct requirements included applicable police checks, adverse-information and previous sponsorship-compliance checks, with the stated reasonable-disregard discretion. Relevant public-health debts had to be paid or have appropriate payment arrangements, as did sponsors’ Commonwealth debts. A sponsor’s partner could not also be a parent sponsor and had to satisfy the applicable previous-compliance requirement. Normally no more than two parents could be specified, with tighter restrictions or ineligibility where previously sponsored parents remained in Australia after their visas ended without permanent visas. Sponsors assumed prescribed recordkeeping, reporting, financial/accommodation-support and public-health-debt obligations. Visa application charges totalled $5,000 for up to three years or $10,000 for longer stays up to five years; the second instalment was payable before grant, and the sponsorship application charge was $420. Visas carried conditions 8103, 8303, 8501, 8531, 8550 and 8564; work required written ministerial permission. The nominal expiry could be shortened after sponsorship cancellation, withdrawal or the sponsor’s death: cancellation ended the visa after 35 days; withdrawal or death allowed specified replacement-sponsorship windows of 35 or 90 days respectively, with further timing rules where replacement applications were refused and review pursued. This was a temporary route, with no secondary-applicant shortcut to the primary criteria.
Global Talent Independent program: targeted priority-processing launch
On November 4, 2019, the Government launched the Global Talent Independent program, offering a fast-tracked permanent-residence process with dedicated departmental contacts and highest-priority processing for targeted highly skilled migrants. The launch targeted people likely to earn more than A$149,000 annually in Australia and highly skilled in AgTech, FinTech, MedTech, Cyber Security, Energy and Mining Technology, Space and Advanced Manufacturing, or Quantum Information/Advanced Digital/Data Science and ICT. The usual character, security and integrity checks continued to apply. Up to 5,000 places were to be offered in 2019–20. This records the targeted program and processing-priority launch, rather than asserting that the announcement alone granted residence or created a new statutory visa subclass.
General Skilled Migration points: education, partner and regional nomination changes
From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field. Qualifying skilled-partner points rose from 5 to 10. That partner had to apply for the same subclass, not be an Australian citizen or permanent resident, be under 45 at invitation, and at invitation have competent English, nominate a specified skilled occupation and hold a suitable assessment for it other than a subclass 485 assessment. New partner-table alternatives awarded 10 points to applicants without a spouse or de facto partner, or with an Australian citizen or permanent-resident partner, and 5 points for a same-subclass applicant partner who was neither and had competent English at invitation. Only the highest qualifying points within the partner Part could be awarded; these alternatives did not stack. Regional nomination or sponsorship points rose from 10 to 15 and included subclass 491 alongside 489, requiring an invitation and either an unwithdrawn State or Territory nomination or accepted family sponsorship. The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education. The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa. These changes concerned the Schedule 6D test for points-tested subclass 189, 190, 489 and 491 applicants; they did not guarantee a visa.
Introduction of subclass 491 Skilled Work Regional (Provisional) visa
From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative. Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation. At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old. An Australian qualification obtained on a student visa had to result from a registered course. Competent English at invitation and points at least equal to both the invitation score and qualifying score were required. The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was an Australian citizen, permanent resident or eligible New Zealand citizen usually resident in a designated regional area. A relative sponsor had to be a parent, child or step-child, sibling (including adoptive or step), aunt or uncle (including adoptive or step), nephew or niece (including adoptive or step), grandparent or first cousin of the applicant or an accompanying applicant spouse or de facto partner, and sponsor all applicant family-unit members. Applicants declared a genuine intention for themselves and applicant family members to live, work and study regionally. Primary and secondary applicants had to satisfy the specified public-interest and special-return criteria, with their age-dependent requirements and statutory exceptions. Non-applicant family members were subject to criteria 4001, 4002, 4003 and 4004 and health criterion 4005; only the latter assessment could be dispensed with where requiring it would be unreasonable. Family eligibility remained governed by the statutory family-unit definition. Applications and grants could occur inside or outside Australia, but not in immigration clearance; onshore applicants needed a substantive visa or bridging A, B or C visa. The primary visa lasted five years from grant; family visas ran to five years from the primary grant. While in Australia, holders had to live, work and study only in areas designated regional when the visa was granted. They had to notify residential, email, phone, passport and employment-address changes within 14 days, provide requested residential, employment and education-address evidence within 28 days, and attend an interview when requested in writing. Offshore grantees had a specified first-entry deadline; secondary applicants could also be required not to marry or enter a de facto relationship before entry. Prescribed application charges applied, including the second instalment before grant where applicable. For applications to subclasses 124, 132, 186, 188, 189, 190 and 858, the opening-day provisions imposed a three-year holding requirement where subclass 491 or 494 was the applicant’s current or last substantive visa, subject to instrument-specified exceptions. This component records introduction of subclass 491 and its attached constraints; it does not assert abolition of every subclass 489 pathway or commencement of subclass 191 in 2019.
Introduction of subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
From November 16, 2019, Schedule 2 introduced the Skilled Employer Sponsored Regional (Provisional) subclass 494 visa, with Employer Sponsored and Labour Agreement streams. Both required an approved, unexpired nomination by an approved work sponsor, a genuine intention to perform the nominated occupation and a genuine full-time regional position likely to exist for at least five years. An application could identify a pending nomination but grant required approval; the nominator could not be barred. The occupation had to be eligible under the applicable instrument or agreement, and relevant sponsorship charges and debts had to be addressed. Employer Sponsored applicants generally needed to be under 45, have competent English, at least three years of full-time employment in the nominated occupation at the required skill level, and a suitable non-subclass-485 skills assessment valid within its specified period if it ended no more than three years after assessment, or otherwise no more than three years old. Qualifying assessments connected with an existing subclass 457 or 482 visa could also satisfy the stated alternative, and instrument-specified exemptions applied to age, English, experience and assessment. Australian qualifications obtained on student visas had to be from registered courses. Unless an instrument-specified occupation exception applied, employment was in the sponsor or associated entity’s business under a signed written contract without an express bar on extension. Nomination requirements included applicable market-salary and income-threshold rules, with the high-earnings qualification and specified discretion, regional-body salary advice, no discriminatory recruitment, and employment conditions not less favourable than equivalent Australian workers, subject to the stated discretion. Labour Agreement applicants needed an authorised occupation and agreement, suitable English and skills, ordinarily three years in the occupation or related field unless reasonably disregarded, and age below 45 unless the agreement allowed older workers. Agreement requirements and nomination limits applied. Applicants and family members remained subject to specified public-interest and special-return criteria; the two streams used different health criteria, with the stated exception for assessing non-applicant family members. Adverse sponsor information and recent prohibited sponsorship-related conduct could be disregarded only as provided. Secondary applicants needed the required family relationship and inclusion in the nomination or written sponsor agreement. Onshore applicants needed a substantive visa or bridging A, B or C; applications and grants could be onshore or offshore but not in immigration clearance. Primary visas lasted five years from grant; family visas ended five years from the primary grant. Holders faced regional residence, work and study requirements tied to the relevant nomination, with timing rules when nominations changed, 14-day reporting of specified changes, 28-day responses to written address-evidence requests and attendance at requested interviews. Primary holders also had nominated-occupation and employer restrictions, with specified-occupation and industrial-notice exceptions; subject to the occupational-authorisation condition, work had to start within 90 days of arrival if granted offshore or grant if granted onshore, employment gaps could not exceed 90 consecutive days, and mandatory occupational authorisations had to be obtained within the same applicable 90-day period, maintained and complied with, with refusal or loss notified. Offshore grantees had a first-entry deadline; condition 8515 could apply to secondary applicants. Prescribed application charges and applicable second instalments remained payable, including the Minister of Religion exception to second instalments. The subclass 187 transition preserved the stated treatment for Temporary Residence Transition nominations involving transitional 457 or transitional 482 workers as at November 16, 2019; clause 8101 also specified withdrawal and training-charge refund rules for affected nominations. The separate subclass 191 permanent visa was not commenced by this 2019 component.
Medivac statutory transfer pathway repealed, with limited court-proceeding protection
From December 5, 2019, the Migration Amendment (Repairing Medical Transfers) Act 2019 repealed the medical-transfer approval and review provisions added in March 2019, including sections 198C–198J and the Independent Health Advice Panel provisions. It also repealed subsection 198B(4), while leaving the underlying section 198B temporary-transfer power in place. The repeal removed the statutory two-doctor notification, ministerial decision deadlines and panel-review pathway; it was not a prohibition on every medical transfer under other powers. Amendments applied the existing removal and regional-processing return provisions to people brought to Australia under repealed section 198C, whether brought before, on or after commencement. This did not state that every transferee must immediately be returned regardless of the conditions of those provisions. The Act disapplied the general saving rule in section 7(2) of the Acts Interpretation Act 1901 for the repealed medical-transfer provisions. It expressly preserved rights or liabilities between parties to court proceedings where judgment was reserved at commencement or had been delivered before commencement, and the judgment set aside or declared invalid a decision under a medical-transfer provision. The repeal therefore did not contain a general preservation of all pending requests under the former pathway.
(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged. (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.
ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,
ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,
Establishment of the Pacific Labour Scheme Stream in Subclass 403 Visa
Created the Pacific Labour Scheme stream within the Subclass 403 (Temporary Work (International Relations)) visa, establishing eligibility, sponsorship, endorsement, and visa conditions for participants.
Increase of Points-Tested General Skilled Migration Pass Mark to 65 Points
Increased the minimum pass mark from 60 points to 65 points for General Skilled Migration visa subclasses (Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated, and Subclass 489 Skilled Regional Provisional).
Implementation of Skilling Australians Fund (SAF) Nomination Training Contribution Charge
Imposed the statutory Skilling Australians Fund (SAF) levy on employer nominations under Subclass 482 (TSS), Subclass 186 (ENS), and Subclass 187 (RSMS), replacing the former training benchmark expenditure requirements with a mandatory upfront government charge.
Establishment of Permanent Residence Pathway for Long-Term Temporary Retirees
Created an onshore permanent residency pathway for long-standing temporary retirees holding Subclass 405 (Investor Retirement) or Subclass 410 (Retirement) visas through dedicated access to Parent (Subclass 103) and Contributory Parent (Subclass 143) visa categories.
Introduction of Seamless Traveller Contactless Border Clearance Regulations
Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.
Qualifying residence exemption narrowed to referred-stay visa holders
The qualifying residence exemption visa list under paragraph 7(6AA)(f) of the Social Security Act changed from subclasses 100, 110, 801, 814 and 852 in the 2015 determination to subclass 852 alone, effective 1 January 2017.
Proportional financial evidence for student and guardian stays under twelve months
For student and student guardian visa applicants staying less than twelve months, the replacement instrument specifies pro rata living-cost evidence and, where applicable, pro rata schooling costs; it defines the calculation as the annual amount divided by 365 and multiplied by the intended number of days. It commenced on 21 March 2017, the day after registration.
Creation of Subclass 189 Skilled - Independent (New Zealand Stream) and Lowering Points-Tested Age Ceiling
Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.
Extension of Public Interest Criterion 4020 Fraud Exclusion Period (Regulations 2017 Measures No. 4)
Amended Public Interest Criterion 4020 of the Migration Regulations 1994 to expand the lookback and exclusion period for providing false or misleading information from 12 months to 10 years, applying in relation to an application for a visa made on or after 18 November 2017.
Creation of Entrepreneur Visa Stream under Business Innovation and Investment Program
Established an Entrepreneur stream within the Subclass 188 (Provisional) and Subclass 888 (Permanent) Business Innovation and Investment visa framework for entrepreneurs with funding of at least $200,000 from an approved third party.
Subclass 462 added to non-Internet application charge regime
The replacement instrument added subclass 462 Work and Holiday visas to the classes attracting a non-Internet application charge. It also specifies exemptions for subclass 462 applicants who have a dependent child or have not previously held a subclass 462 visa. Commencement follows the 2016 Measures No. 4 regulation, which commenced on 19 November 2016.
Specified subclass 408 applicants exempted from subsequent temporary application charge
The subsequent temporary application charge provision for subclass 408 changed from the whole subclass to the whole subclass except applicants in the classes specified for subparagraphs 1237(2)(a)(i), (ii) and (iii) of Schedule 1 to the Migration Regulations. The amendment commenced on the day after registration on 23 November 2016.
Protection visas: family-derived applicants must apply before the family visa holder’s grant
From April 18, 2015, new section 91WB barred granting a protection visa on the family-unit criteria in section 36(2)(b) or (c) unless the family applicant applied before the family visa holder was granted a protection visa. It applies to a non-citizen in Australia applying for a protection visa who belongs to the same family unit as a person already granted a protection visa. The referenced criteria concern family membership of a person satisfying the refugee or complementary-protection criterion who holds a protection visa of the same class sought by the applicant. These family-unit criteria already existed; section 91WB added the express application-before-grant restriction. The provision applied to applications made on or after April 18 and earlier applications not finally determined on that date. Its prohibition concerns grants on the two family-derived criteria; it does not itself prohibit an applicant from satisfying an independent protection criterion. Other protection-visa requirements continue to apply.
Protection visas: mandatory identity-document refusal ground with reasonable-explanation exception
From April 18, 2015, new section 91WA required refusal of a protection visa if the applicant provided a bogus document as evidence of identity, nationality or citizenship, or the Minister was satisfied that the applicant had destroyed or disposed of such documentary evidence, or caused its destruction or disposal. Refusal under this section did not apply if the Minister was satisfied both that the applicant had a reasonable explanation and that the applicant either provided documentary evidence of identity, nationality or citizenship or had taken reasonable steps to provide it. The statutory definition of a bogus document covered a document reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. Providing included causing a document to be provided, given or presented. The new section applied to protection-visa applications made on or after April 18 and earlier applications not finally determined on that date. This component concerns the inserted section 91WA refusal ground, rather than the separate amendments to requested identity evidence under section 91W.
Protection visas: refusal replaces adverse inference for unexplained failure to supply requested identity evidence
From April 18, 2015, amended section 91W replaced the former discretion to draw a reasonable adverse inference about identity, nationality or citizenship with a mandatory protection-visa refusal rule where its conditions are met. The Minister or an officer may request documentary evidence orally or in writing. Refusal under subsection (2) requires a request, refusal or failure to comply or production of a bogus document in response, no reasonable explanation, and an oral or written warning given when the request was made that the visa cannot be granted for refusal or failure to comply or for producing a bogus document. Subsection (3) disapplies that rule if the Minister is satisfied that the applicant has a reasonable explanation and either produces documentary evidence of identity, nationality or citizenship or has taken reasonable steps to produce it. Producing includes giving, presenting, providing or causing production. A bogus document is one reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. The amendments applied to new applications and earlier applications not finally determined on April 18. This component counts the change in the consequence of unexplained noncompliance with a warned request; the separate section 91WA rule for bogus or destroyed documents is already recorded.
Refugee Review Tribunal: adverse credibility inference for unexplained new claims or evidence
From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision. The trigger was a claim or evidence newly introduced in the review application, rather than merely an unsuccessful original claim. The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18. The section prescribed a credibility inference, not automatic refusal of every application containing new material; the reasonable-explanation condition remained material.
Special Purpose visa work restricted to specified international and connecting flights for foreign aircrew
For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia. Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure. Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport. Thus ordinary airline crew have at most two permitted domestic connecting flights and positioning crew at most one, tied to the specified international journeys rather than general domestic flying. These new conditions supplement the existing Special Purpose visa arrangements; they do not create general work rights or extend the visa’s stay period. The original explanatory statement identifies the previously unrestricted domestic-flight-count issue and the new limits. Earlier deemed grants are outside this amendment’s application provision.
Temporary Graduate applicants no longer required to lodge evidence of medical-examination bookings
From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application. The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date. This removes the upfront medical-arrangements evidence requirement only. Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived. The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.
Prescribed visa-label issuance ended for new requests
From September 1, 2015, Australia removed the prescribed visa-label service by repealing Division 2.4 of Part 2 of the Migration Regulations 1994. Visa holders could use electronic records to demonstrate their status. The former rules continued to apply to a request for visa evidence made before September 1, 2015 if its visa evidence charge had also been paid before that date. Holding a valid Australian visa did not previously require a passport label to travel to, enter or remain in Australia.
Special Category Visa eligibility restored for specified New Zealand citizens after cancellation revocation
For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground. They had to present a current New Zealand passport and not be a health-concern non-citizen. The revocation could not have been set aside by the Minister under subsection 501BA(2), and no new behaviour-concern ground could have arisen since their representations, apart from removal or deportation caused by the cancelled visa.
Special Return Criterion 5001 extended to personal ministerial visa cancellations
For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA. A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa. The restriction applied to visa classes that require Special Return Criterion 5001.
Australian wage and working-condition standards required for diplomatic domestic workers
For visa applications made on or after November 21, 2015, the Subclass 403 criteria for domestic workers of diplomatic or consular representatives required employment or engagement in accordance with wage and working-condition standards under relevant Australian legislation and awards.
Second working-holiday visa work requirement included lawful remuneration
For applications made on or after December 1, 2015 by people who held or had held a Subclass 417 Working Holiday visa in Australia, qualifying specified regional work had to total at least three months of full-time work or its part-time or casual equivalent. The work had to be remunerated in accordance with relevant Australian legislation and awards. That remuneration requirement did not apply to work carried out before December 1, 2015.
Australian Citizenship Amendment (Allegiance to Australia) Act 2015
Amends the Australian Citizenship Act 2007 to provide explicit powers for the cessation of Australian citizenship where a dual citizen engages in terrorism-related conduct.
Sponsorship-benefit offences and civil penalties introduced
From December 14, 2015, new sections 245AR and 245AS of the Migration Act 1958 prohibited asking for, receiving, offering or providing a benefit in return for a prescribed sponsorship-related event. The prohibitions applied even if the event did not occur. A benefit included payment or other valuable consideration, deductions, property, advantages, services and gifts. A reasonable payment for a professional service already provided or to be provided by the recipient or a third person was excepted; the person relying on that exception bore an evidential burden. Asking for or receiving a benefit became a criminal offence and attracted civil penalties; offering or providing a benefit attracted civil penalties. The framework also provided conditional executive-officer liability where an officer knew, was reckless or negligent about the corporate contravention, could influence the conduct and failed to take reasonable preventive steps. Covered sponsor classes were standard business, entertainment, superyacht crew, long stay activity, training and research, exchange, religious worker and sport sponsors. Prescribed visas were subclasses 186, 187, 401, 402 in the Research stream, 420, 457 and 488. Covered events included sponsor approval applications or variations; becoming or remaining a work-agreement party; agreeing to sponsor or retaining that agreement; making, including a person in, or retaining covered person or position nominations; employing or engaging a person, or retaining employment or engagement, for the sponsored occupation, position, program or activity; and grant of a covered visa. Implementing regulations also covered non-work-agreement labour agreements and their position nominations. Statutory geographical conditions and foreign-conduct defences in section 245AW applied; the prohibition did not assert universal overseas jurisdiction. The Act separately introduced visa-cancellation powers, and the regulations added nomination and application declarations; these are not treated as additional effects of this single benefit-trading prohibition record. The record identifies the new statutory offence and civil-penalty framework, without claiming that every form of sponsorship-cost recovery had previously been lawful.
Migration Amendment (2014 Measures No. 1) Regulation 2014
The Migration Amendment (2014 Measures No. 1) Regulation 2014 amended the Migration Regulations 1994 to insert public interest criterion 4020 into various visa subclasses, amend criteria for Subclass 202 (Global Special Humanitarian) visas proposed by minors, and revise English language requirements for Subclass 457 visas.
Migration Amendment (Credit Card Surcharge) Regulation 2014
Introduces a credit card surcharge payable by a visa applicant if a payment of an instalment, or part of an instalment, of the visa application charge (VAC) is made by credit card. The surcharge amounts are: 1.08% for Visa or MasterCard, 1.99% for American Express or Japan Credit Bureau (JCB), and 2.91% for Diners Club International, calculated as a percentage of the VAC payment amount. The surcharge is payable when the VAC payment is made. The Minister may specify circumstances in a legislative instrument in which the credit card surcharge must or may be waived or refunded. The amendments apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.
Migration Amendment Act 2014
Amended section 48A of the Migration Act 1958 to specify that the statutory bar preventing non-citizens who have had a protection visa refused or cancelled from lodging a further protection visa application applies regardless of the grounds, criteria, or earlier bases for applications or visa grants.
Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014
The regulation repealed several visa classes, including definitions for aged dependent relative, carer, and remaining relative, effectively closing these non-contributory pathways for family migration to new applicants.
PIC 4020 exclusion periods disapplied where the refused application was made while under 18
From 23 November 2014, the three-year exclusion period under public interest criterion 4020(2) and the ten-year identity-related exclusion period under 4020(2 B) do not apply to an applicant who was under 18 when the application for the refused visa was made. Age is tested at that earlier application, not at the refusal date or current application; the exemption therefore also protects a person applying again as an adult. The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date. It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit. Previously the three- and ten-year periods could apply to these applicants, with the existing waiver framework for the three-year period. The two period exemptions constitute one age-based safeguard, not separate events.
Subclass 400 maximum entry window and permitted stay extended from three to six months
For subclass 400 Temporary Work (Short Stay Activity) visa applications made on or after 23 November 2014, the maximum time to travel to and enter Australia after visa grant increased from three to six months, and the maximum permitted stay after first entry increased from three to six months. This does not guarantee every holder a six-month stay; the change increases the applicable upper limits. The corresponding non-ongoing criterion was adjusted so the proposed event, activity or work must be likely to be completed within a continuous period of six months or less, instead of three months or less. The remaining eligibility and non-ongoing criteria were not removed. The entry window, stay limit and consequential duration criterion are treated as one change to the duration settings of the same visa. Earlier applications are outside this amendment’s application provision.
Migration Amendment (Character and General Visa Cancellation) Act 2014
Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.
Migration Amendment (2014 Measures No. 2) Regulation 2014
Amends the Migration Regulations 1994 to expand the definition of 'managed fund' to include friendly society funds under the Life Insurance Act 1995 for investor visas, strengthen character and fraud criteria by requiring criminal history statements and Form 80 upon request, and impose bars on visa grant following certain cancellations under sections 116, 133A, 133C, or 501 of the Migration Act 1958. Phase scope: Schedules 2, 3, and 4 commenced on 12 December 2014 applying to pending and new applications; Schedule 1 commenced on 1 January 2015.
Determination of Protection (Class XA) and Refugee and Humanitarian (Class XB) Visas 2014
Determines the minimum combined total number of Protection (Class XA) and Refugee and Humanitarian (Class XB) visas that the Minister must take all reasonably practicable measures to ensure are granted in specified financial years starting from 2015 to 2018.
Introduction of the Post-Study Work stream in the Temporary Graduate visa
On 23 March 2013, Schedule 2 to Migration Legislation Amendment Regulation 2013 (No. 1) renamed Subclass 485 and created a Post-Study Work stream alongside the Graduate Work stream. The former Skilled–Graduate criteria required a nominated skilled occupation, closely related qualifications and a suitable skills assessment. The new Post-Study Work primary criteria do not impose that occupation nomination or skills-assessment requirement; those requirements remain in the Graduate Work stream. This record covers the opening Post-Study Work route and its applicable primary eligibility conditions, not the regulation’s separate tribunal, student-cancellation or humanitarian amendments. A primary applicant must nominate only one stream, be under 50, and hold or have held their first Student Temporary (Class TU) visa granted on the basis of an application made on or after 5 November 2011. A first visa granted after that date from an earlier application does not meet this condition. The applicant must also satisfy one of the four visa-status gateways in item 1229(4): hold an eligible student visa; hold Bridging A or B granted from a valid application for a non-excluded visa and have held an eligible student visa within the preceding six months; hold a non-excluded substantive visa and have held an eligible student visa within those six months; or have been taken under the specified Migration Act notification provisions to have been notified, no more than 28 days before applying, that the Migration Review Tribunal set aside and substituted a refusal to revoke cancellation of the eligible student visa. The excluded visas for the bridging/substantive alternatives are Subclasses 570, 571, 575 and 576, and 572/573/574 applications involving the specified government or multilateral funded study, or AusAID/Defence-approved scholarship or training, with a condition to leave Australia on completion. The separate eligible-student-visa definition also excludes specified older Subclass 560 and 562/563 arrangements and related family holders, and specified 572/573/574 funded return-home arrangements and related family holders; it is not every student visa. A primary applicant must apply in Australia, outside immigration clearance, using the prescribed application method and paying the prescribed charge. The Post-Study Work qualification must be one specified by IMMI 13/013: an AQF level 7 or higher Bachelor, Bachelor with Honours, Masters by Coursework, Masters by Research, Masters (Extended), or Doctoral degree. IMMI 13/031 specifies Australian universities and non-university education providers that are registered on CRICOS and offer degree-level or higher courses. The applicant must have satisfied the Australian study requirement in the six months immediately before applying. Regulation 1.15F requires completed Australian qualifications from registered courses involving at least 16 calendar months and at least two academic years of study, instruction entirely in English, undertaken in Australia while holding a visa authorising study. Completion means meeting academic requirements, without requiring formal conferral. The common primary criteria prohibit previously holding a Subclass 476 or 485 granted on primary criteria. At application there must be evidence of competent English, of an AFP-check application within the preceding 12 months for the applicant and each included person aged at least 16, of medical-examination arrangements for every included person, and of adequate Australian health-insurance arrangements for the primary applicant, maintained since application. Applicable public-interest, family-member and special-return criteria in clauses 485.216–485.217 and any maximum-grant determinations in 485.218 still apply. Primary applicants and family members who applied jointly must be in Australia at grant. Family members have the separate secondary criteria in 485.3; the primary eligibility route is not an automatic entitlement for every family member. Health-insurance condition 8501 is mandatory. The contemporaneous ministerial explanatory statement describes the new stream’s duration policy as two years for Bachelor, Bachelor with Honours, Masters by Coursework or Masters (Extended), three years for Masters by Research and four years for Doctoral graduates. This is the official 2013 policy explanation, not an unconditional statutory guarantee: operative clause 485.511 permits stay until a date specified by the Minister. The record does not infer an automatic fixed term irrespective of the grant decision, or claim that later duration rules applied at commencement.
Migration Amendment (Temporary Protection Visas) Regulation 2013
Reintroduced Temporary Protection Visas (Subclass 785) and amended requirements for Protection (Class XA) and Subclass 866 visas.
Specification of Occupations Exempt from Labour Market Testing
Specify all occupations classified in the ANZSCO as Skill Level 1 and Skill Level 2 for the purpose of paragraph 140GBC(4)(a) and (b) of the Migration Act 1958.
Bridging E visa holders made subject to an enforceable code of behaviour
Amends the Migration Regulations 1994 to introduce an enforceable code of behaviour requirement for certain Bridging E visa holders, under which breaches may result in visa cancellation and return to immigration detention.
Minister may disclose specified Bridging Visa holder information to police
The Minister may authorize disclosure of specified information about Subclass 050 or Subclass 051 Bridging Visa holders to federal, state, or territory police where the Minister reasonably believes disclosure is necessary or appropriate to perform functions or exercise powers under the Migration Act.
Statutory Implementation of the Complementary Protection Framework
Operatively commenced statutory criteria under section 36(2)(aa) of the Migration Act 1958, allowing non-citizens who do not meet the 1951 Refugee Convention definition to be granted a Protection visa (Class XA) if there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed to a receiving country, there is a real risk they will suffer significant harm. Phase scope: Nationwide implementation across all protection visa adjudications from 24 March 2012.
Nauru designated for offshore regional processing
The Minister designated the Republic of Nauru as a regional processing country under subsection 198AB(1) of the Migration Act 1958, enabling asylum seekers arriving by boat to be sent there for offshore processing.
Subclass 457 (Temporary Work (Skilled)) visa
Subclass 457 (Temporary Work (Skilled)) visa
Introduction of Public Interest Criterion 4020 (Integrity and Fraud Prevention)
Introduced Public Interest Criterion (PIC) 4020 into the Migration Regulations, establishing mandatory refusal criteria for applicants who provide bogus documents or information that is false or misleading in a material particular in visa applications [3.1.3].
New General Skilled Migration Points Test and English Language Evidence Rules
Implemented a reformed points test for General Skilled Migration focusing on higher educational attainment, superior English proficiency, and skilled employment history, alongside standardized English language testing timing rules.
Restriction on Migration Review Tribunal Fee Waivers
Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.
MODL bonus-point eligibility restricted for new skilled-migration applications, with graduate-visa transition
From 8 February 2010, IMMI 10/001 revoked the general Migration Occupations in Demand List instrument IMMI 08/034 and restricted its replacement occupation list to a transitional group. For new General Skilled Migration applications outside that group, occupations were no longer specified as migration occupations in demand, removing access to the extra points attached to MODL status. The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012. The change applied prospectively to new GSM applications; it did not retrospectively remove MODL points from existing applications protected under the existing arrangements. This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.