Breaking News: Important Updates on Migration Regulations and Skilled Visa Programs

August 27, 2024

Breaking News: Important Updates on Migration Regulations and Skilled Visa Programs

SOFA Amendment Regulations Now in Effect 

The Migration Amendment (Status of Forces Agreement-Fiji and Timor-Leste) Amendment Regulations 2024 by the Australian Government modify the start conditions of the 2023 SOFA Regulations. These changes ensure that the regulations can flexibly commence when the related international agreements come into force for Australia. The changes also give the Minister the authority to declare the official commencement date for these agreements through a notification instrument. This rule became effective on August 16, 2024. 

The Transition from AAT to ART Underway 

The Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024 have been implemented in anticipation of the transition from AAT to ART. These regulations update references in the Migration Regulations 1994 to align with the new ART, which begins operations on 14 October 2024. Key changes include revised definitions, streamlined processes for reviewing migration and protection decisions, and updated application requirements. The transition also brings amendments aimed at reducing financial hardship for applicants, ensuring a smoother experience under the new ART system. 

Visa Application Charges Remain Unchanged 

A recent attempt by Senator Shoebridge to disallow the legislative instrument that increased visa application charges (VAC) from 1 July 2024, particularly targeting student visas, has failed. The disallowance motion was rejected in parliament with 26 votes against and 12 in favor, meaning the increased VAC remains in effect. 

OMARA Stakeholder Meeting Highlights 

In a quarterly stakeholder meeting held on 15 August 2024, the Migration Institute of Australia (MIA) met with the Office of the Migration Agents Registration Authority (OMARA). Important updates consist of the finalization of the most recent Migration Agents Activity Report, indicating total (5,081) migration agents registered by 30th June 2024. The report also highlights ongoing efforts to resolve legacy complaint cases and the implementation of random quality control monitoring of registered migration agents. OMARA has received additional funding to bolster its monitoring and compliance capabilities. 

Round of Invitations for ACT Skilled Migration 

On August 8, 2024, the Australian Capital Territory (ACT) held an invitation round for skilled migration nominations. A total of 239 invitations were issued across the Skilled-Nominated (Sc-190) and Skilled-Work Regional (Provisional) (Sc-491) visas. This included nominations for Canberra residents and overseas applicants with critical skill occupations. The next invitation round is scheduled to take place before 27 September 2024. 

Victoria’s Skilled Migration Program Now Open 

Victoria has officially opened its 2024-25 Skilled-Visa Nomination program, inviting new Registrations of Interest (ROI) for the subclass-190 and subclass-491 visas. All previous ROIs have expired, and prospective applicants must submit new registrations to be considered for nomination. Complete details on eligibility criteria and the application process are given on the Victorian Government’s website.   

Stay tuned for more updates on these developments and how they may impact skilled migration to Australia.