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REVERSED -Retrospective removal high income English and skills exemptions – ENS/RSMS visa

The Government is removing the exemption for applicants earning over $180,000 per year for English language and skills assessments for the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187).

In implementing this change, the Department will ensure it only affects applications lodged from 1 July.

The removal of the exemption is designed to prevent misuse of the program by individuals inflating their income to avoid having to undertake an English test or a skills assessment.

Applications lodged before 1 July will continue to be assessed on merit, and anyone suspected of inflating their incomes will be subject to further scrutiny in the application process.

Passport Legislation Amendment (Overseas Travel by Child Sex Offenders) Bill 2017

The Passport Legislation Amendment (Overseas Travel by Child Sex Offenders) Bill 2017 has been read for the second time in the House of Representatives.

The purpose of this Bill is to prevent Australians listed on a State or Territory child sex offender register, with reporting obligations, from travelling overseas to sexually exploit or sexually abuse vulnerable children in overseas countries, where the law enforcement framework is weaker and their activities are not monitored.

Subclass 189 Skilled Independent maximum age lowered

Legislative Amendment – F2017L00549 – Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 – lowers the upper age limit at invitation for Subclass 189 Skilled Independent, Points Tested stream applicants to 45 years old.

Schedule 1, subitem 1137 (4B), item (4) lowers the age at the time of invitation to apply for a points tested stream visa to 45 years.


Schedule 3 of this instrument provides transitional arrangements.  The amendments made by Schedule 1 of this instrument apply only to applications made on or after 1 July 2017.

The Schedule 1 amendment does not apply to applications, made:

  • in response to an invitation by the Minister given before 1 July 2017, and
  • the application is made on or after 1 July 2017, or, 
  • the applicant claims to be a member of the family unit of the primary applicant and is making a combined application with the primary applicant..

This Instrument will come into effect on 1 July 2017.

Extract: MIA

Classes of persons eligible to apply for Temporary Work (International Relations) visas

This Instrument specifies the classes of persons eligible to be granted this visa under Item 1234(2)(a)(i):

  • Fulbright Scholars of the United States of America;
  • participants in the Pacific Microstates – Northern Australia Worker Pilot Programme
  • persons to whom privileges and immunities are, or are expected to be, accorded under one or both of the following Acts: the International Organisations (Privileges and Immunities) Act 1963; or the Overseas Missions (Privileges and Immunities) Act1995, and who are expected to be recommended by the Foreign Minister for the grant of a visa
  • persons who hold a valid diplomatic, official or service passport and who hold a third person note of support for the application from the government, or a government agency, of the applicant’s home country.

This Instrument revokes IMMI 16/032 (F2016L00576) and commenced on 19 November 2016.

Extract: & MIA

Gold Coast Commonwealth Games – Subclass 408 visas

The Commonwealth Games Federation (CGF) advises that the Commonwealth Games Family is best described as all persons who are entitled to accreditation at the Games under the provisions of the CGF.  These include the CGF executive, organising committees, athletes, CG associations, International federations, games sponsors and games workforce.

Regulations within 408.3 – Secondary Criteria, provide the criteria for members of the family unit as they relate to this visa subclass.

The following matters are specified:

Schedule 1

Item 1237(2)(a)(i) – VAC

  • The VAC is NIL for a Commonwealth Games Family Member who is registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation

Schedule 2

Reg 408.229A – the applicant’s eligible sponsor or supporter is:

  • a charity registered by the Australian Charities and Not-for-profits Commission
  • an agency of the Commonwealth
  • a State or Territory
  • or an agency, Embassy or Consulate of a foreign Government

Reg 408.229(b) the specified event is:

  • the Gold Coast 2018 Commonwealth Games.

Reg 408.229(c) the specified class of persons is:

  • Commonwealth Games Family Member, who is registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation.

This Instrument commenced on 19 November 2016.

Extract MIA &

Second Work and Holiday Subclass 462 – Criteria for application

Legislative Instrument – IMMI 16/097 – F2016L01778 – Migration Regulations 1994 – Specification of Areas of Work and Kinds of Work – Specified Subclass 462 Work, specifies the kinds of work and the areas in Australia that provide eligibility to apply for a second Subclass 462 (Work and Holiday) visa.

Work and Holiday (subclass 462) visa holders who undertake three months (88 days) work in the tourism, hospitality or agriculture industries in Northern Australia will acquire eligibility for a second Work and Holiday visa. The locations and types of work arise from the recommendations of the Developing Northern Australia White Paper. 

This Instrument contains three Schedules:

  • Schedule 1 – specifies the location for this work, these include all of the Northern Territory and specified locations in Queensland and Western Australia
  • Schedule 2 – specifies the tourism and hospitality industry and 48 ANZSCO occupations and relevant types of work in those industries
  • Schedule 3 – specifies the agriculture industry and types of work in that industry

This Instrument commenced on 19 November 2016.

Extract from MIA

Occupational Training Subclass 407 – Nomination and Training approval

The previous Regulations 2.72A to 2.72J have been repealed/substituted with a new Regulation 2.72A that specifies the criteria for nominating an occupational training program and nominee.

This Instrument specifies the following information for subparagraphs 2.27A(12)(c) & (d):

Reg 2.27A(12)(c) specifies that the sponsor must be:

  • an agency of a State or Territory
  • a higher education provider listed as a Table A and Table B provider in Subdivision 16-B of the Higher Education Support Act 2003,


  • an entity engaged in the field of health care, scientific research, social assistance or religious services

Reg 2.27A(12)(d) specifies the circumstances applicable to the training program:

  • the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee;
  • the registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee;
  • the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee;
  • the occupational training is workplace based; AND
  • the nominee has appropriate qualifications and experience to undertake the occupational training;


Alternatively, the training may also be provided in circumstances where the provider is an associated entity of the sponsor as defined in section 50AAA of the Corporations Act 2001.

This Instrument commenced on 19 November 2016.

Extract from MIA

Passport costs to increase 1 January 2017

Legislative Instrument – F2016L01597 – Australian Passports (Application Fees) Amendment (2016 Measures No. 1) Determination 2016, increases the costs of Australian passports, travel documents and other associated processes from 1 January 2017.

The following increases will come into effect on that date:

  • Provisional travel documents – Nil
  • Passports for children and those over 75, with five year validity – $10 to $135
  • Priority processing of passport applications – an additional $54 to the usual fee
  • All other Australian travel documents – an additional $20. These documents are:
    • Passports with 10 year validity – $270
    • Passports for children aged 16 or 17, lodged on or after 1 January 2016, valid for 10 years – $270
    • Frequent traveller passports, 10 years validity – $396
    • Frequent traveller passports for children aged over 16 or 17, valid for 10 years and lodged after 1 January 2016 – $396
    • Applications for emergency passports lodged on or after 1 January 2016 – $171
    • Applications for replacement passports lodged on or after 1 January 2016 – $171
    • Application for certificate of identity – $171
    • Application for document of identity – $70
    • Application for convention travel – $171

This Determination will commence on 1 January 2017.

Extract From MIA.