Permanent residence pathway for SC482 visa holders with an occupation on the Regional Occupation List (ROL)
The Department has advised in a news article on their website dated 13 February 2023, that the pathway that is available under LIN 22/038 which allows SC 482 STSOL visa holders to apply for a SC 186 TRT if they have been in Australia for at least one year between 1 February 2020 and 14 December 2021 and at the time of application are lawfully employed can now be used by SC 482 visa holders with occupations on the ROL.
The Department has confirmed to the MIA that this pathway is currently available for SC 482 visa holders with occupations on the ROL, but has not provided further information on how this will be implemented. The MIA will inform members of any updates once we receive further information from the Department.
Thank you to MIA member Brenda McDonough and to the Regional Migration Subcommittee for bringing this to the attention of the MIA.
GSM skills assessment obtained within 60-day invitation period will be accepted
After representation from the MIA, the Department has advised that due to the result of the decision of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 (Thapa) they will now accept a suitable skills assessment for an applicant’s nominated skilled occupation which has been obtained within the 60 day invitation period.
This information has been updated in the Skills Assessment section of the Department’s website.
SC 186 Provisional or Limited registration can now be accepted for all AHPRA regulated occupations
The Department has advised that since 22 December 2022, the SC 186 policy titled “3.8.3. Medical Practitioners – registration requirements” within the “Assessing Eligible Skilled Occupations” policy document applies to all AHPRA regulation occupations.
This means that Provisional or Limited registration can be accepted for all AHPRA-regulated occupations. Under policy additional information may be required to confirm that they have a sufficient level of registration and a decision maker can request a statement from the nominator stating:
• their awareness of the applicant’s ‘type’ of registration and
• they agree that the type of licensing and/or registration the applicant holds or is eligible to hold will allow them to effectively perform the duties of the occupation in which they have been nominated.
The Department has advised that the new policy will be applied to applications already lodged, as well as newly lodged applications.
The Department has confirmed that this information will be published in the next Skilled Newsletter, and in time, updated in the online policy instruction.
Thank you to member Yin Chiew for sharing this information with the MIA.
News 499 Directions 102 and 103
Direction 102- Order for considering and disposing of Family visa applications
Direction 102 commenced on 9 February 2023 and revokes Direction 80.
Direction 102 removes the deprioritisation of applications in which the applicant’s sponsor (or proposed sponsor) is a person who entered Australia as an Illegal Maritime Arrival and holds a permanent visa. Previously under Direction 80 this cohort had the lowest priority and was noted as an exception for other cases with a higher priority. Under direction 102 the exception is removed and this cohort is not included meaning they should be subject to the usual priorities.
Direction 103-Order for considering and disposing of visa applications under section 91 of the Migration Act
Direction 103 commenced on 9 February 2023 and revokes Direction 83.
Direction 103 makes no major changes to Direction 83. Direction 103 inserts a mention of Direction 102 by noting that when considering and disposing of applications except as otherwise instructed by this Direction and Direction 102 (or its succeeding Directions) – order for considering and disposing of Family visa applications, delegates should process applications for Family visas in the order in which they are received by the Department.
