LMP Immigration in Sydney, Australia | Immigration lawyer

LMP Immigration

Locality: Sydney, Australia

Phone: +61 2 9086 9186

Address: Suite 805-806, Level 8, 97-99 Bathurst Street 2000 Sydney, NSW, Australia

Website: http://www.lmpi.com.au

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24.01.2022 Detailed Individual requests for exemption from Australias travel restrictions to Australia. The Australian Border Force Commissioner and decision makers may grant individual exemptions from Australias travel restrictions. Cases that demonstrate circumstances such as those described below, may generally be considered to satisfy the requirements for exemption to inwards travel restrictions. Supporting evidence, sufficient to satisfy the decision maker, should be provided....Continue reading

24.01.2022 NSW released its occupation list for 190 and 491 sponsorship for the 2020-2021 financial year: Skilled Nominated (Permanent) visa (subclass 190) 133211 Engineering Manager... 134211 Medical Administrator 134212 Nursing Clinical Director 134214 Welfare Centre Manager 233911 Aeronautical Engineer 233913 Biomedical Engineer 233916 Naval Architect 233999 Engineering Professionals nec 254411 Nurse Practitioner 254412 Registered Nurse (Aged Care) 254413 Registered Nurse (Child and Family Health) 254414 Registered Nurse (Community Health) 254415 Registered Nurse (Critical Care and Emergency) 254417 Registered Nurse (Disability and Rehabilitation) 254418 Registered Nurse (Medical) 254421 Registered Nurse (Medical Practice) 254422 Registered Nurse (Mental Health) 254423 Registered Nurse (Perioperative) 254424 Registered Nurse (Surgical) 254425 Registered Nurse (Paediatric) 254499 Registered Nurses nec 261111 ICT business Analyst 261112 Systems Analyst 261311 Analyst Programmer 261312 Developer Programmer 261313 Software Engineer 262112 ICT Security Specialist 263111 Computer Network and Systems Engineer 312311 Electrical Engineering Draftsperson 312312 Electrical Engineering Technician 312999 Building and Engineering Technicians nec For detailed criteria please refer to https://www.business.nsw.gov.au/.../Skilled-Nominated... 2020-21 NSW Subclass 491 Occupation List 133211 Engineering Manager 233211 Civil Engineer 233212 Geotechnical Engineer 233214 Structural Engineer 233215 Transport Engineer 233511 Industrial Engineer 233512 Mechanical Engineer 233513 Production or Plant Engineer 233911 Aeronautical Engineer 233912 Agricultural Engineer 233913 Biomedical Engineer 233916 Naval Architect 233999 Engineering Professionals nec 254411 Nurse Practitioner 254412 Registered Nurse (Aged Care) 254413 Registered Nurse (Child and Family Health) 254414 Registered Nurse (Community Health) 254415 Registered Nurse (Critical Care and Emergency) 254416 Registered Nurse (Developmental Disability) 254417 Registered Nurse (Disability and Rehabilitation) 254418 Registered Nurse (Medical) 254421 Registered Nurse (Medical Practice) 254422 Registered Nurse (Mental Health) 254423 Registered Nurse (Perioperative) 254424 Registered Nurse (Surgical) 254425 Registered Nurse (Paediatric) 254499 Registered Nurses nec 261311 Analyst Programmer 261312 Developer Programmer 261313 Software Engineer 263111 Computer Network and Systems Engineer 312211 Civil Engineering Draftsperson 312212 Civil Engineering Technician 312999 Building and Engineering Technicians nec Detailed 491 sponsorship criteria can be found https://www.business.nsw.gov.au/.../skilled-work-regional... For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

23.01.2022 NSW Government 491 will start mid January 2020. NSW Central Statement Government will be responsible for all applications, no more RDA involvement, onshore applicant either 1 year related work and residence in Regional NSW or 2 years study in Regional NSW. Offshore applicant require 5 years experience or 1 year full time job offer. Eligibility Applicants must:... - have a relevant occupation on a skilled occupation list; - have a suitable skills assessment for the occupation; - satisfy the points test; - be under 45 years of age at the time of nomination; - have Competent English; - submit an Expression of Interest via SkillSelect; - be nominated by a state or territory government agency, and meet public interest criteria including health and character requirements - NSW nomination requirements Before submitting an EOI, please review the NSW nomination criteria relevant to your circumstances to confirm your eligibility: Your situation Requirements Im living and working in regional NSW 1. Your nominated occupation is on the NSW Stream 1 Regional Skilled Occupation List and; 2. You have been working in your nominated occupation, or a closely related occupation*, for at least the last 12 months and; 3. You have been living in a designated regional area in NSW, for at least the last 12 months. Im offshore (outside of Australia) 1. Your nominated occupation is on the NSW Stream 2 Regional Skilled Occupation List and; 2. You are residing outside Australia, and; a) You have an offer for ongoing employment in a designated regional area in NSW, from an employer who is registered in Australia, and; - the offer of employment is in your nominated, or a closely related occupation*, and; - the offer of employment is for a minimum of 12 months and for 35 hours per week. or; b) You have at least five years of skilled employment in your nominated occupation, or a closely related occupation* or; c) You have an immediate family member living in a designated regional area in NSW. Ive recently completed study in regional NSW 1. Your nominated occupation is on the NSW Stream 2 Regional Skilled Occupation List and; 2. You have completed study at an education provider, or education providers, located in a designated regional area in NSW, and; - the study was continuous and meets the Australian study requirement, and; - you have lived in a designated regional area in NSW while completing this study, and; - the study was completed within the last 12 months, and; - the qualification from your study has been assessed as closely related to your nominated occupation* by the relevant assessing authority. *an occupation within the same Australian Bureau of Statistics ANZSCO Unit Group.

23.01.2022 Immigration SAs GSM application forms will be released on Wednesday 4th December, many important changes were made to existing polices, the following is published on the website: Changes to the points requirement for specific occupations and categories Occupations Due to the recent changes to the Department of Home Affairs points test, Immigration South Australia has reviewed the points requirement for all occupations on the State Nominated Occupation Lists. English and wo...Continue reading

23.01.2022 Another case - Federal Court Case regarding student visa which was successful! LMP Immigration- our principal lawyer Jack Li

22.01.2022 Migration Institute of Australia Professional Support provided a summary of the new Jobactive advertising requirements: Subclass 457, TSS Subclass 482 and Subclass 494 Jobactive advertising is mandatory for Subclass 457, 482 and SC 494.... Jobactive advertising is an ADDITIONAL requirement to the current Labour Market Testing (LMT) requirements of having 2 advertisements i.e. A total of THREE advertisements must be placed. The advertising criteria is the same for all LMT adverts including that on Jobactive International Trade Obligation (ITO) exemptions apply to LMT including the Jobactive advert for SC 457 and SC 482 only. LMT and Jobactive requirement not needed for nominations for a select occupation or a select position to which alternative evidence arrangements apply. An ABN is required to advertise through Jobactive. Those Overseas Business Sponsors (OBS) required to undertake LMT will need to authorise a suitable Australian company to place the advertisements for them. The new requirement to advertise on Jobactive applies to nominations lodged on or after 1 October 2020. Subclass 186 and 187 There is no direct LMT requirement for SC 186 and SC 187 however, the Australian Government has an expectation that positions will be advertised on Jobactive for SC 186 and 187 to demonstrate that there is a genuine need for an overseas worker to fill that position. Genuine need criterion is under 5.19(9)(d) for DE and 5.19(5)(k) for TRT. JobActive for SC186 and 187 is expected to apply to all positions. NO exemptions for ITO and select position or select occupation arrangements will apply. It is not clear whether the advertisement on Jobactive must follow the same advertising requirements as LMT for SC 457, 482 and SC 494 but safer to assume that the same requirements apply. It is not clear when the expectation to advertise on Jobactive commences however, it is not thought to be retrospective and most likely will apply to nominations lodged on or after 1 October 2020 as per the SC 457, 482 and 494 requirements. If you have received an RFI, requesting that the position be advertised in order to meet genuine need, it is recommended the required evidence be provided as the Department may refuse the application, if no information is provided. Procedural instructions will be updated to reflect the new arrangements in due course. The MIA has contacted the Department to clarify aspects of the Jobactive expectation for ENS and RSMS. Once we have further information we will let members know. Advertising on Jobactive should meet the full 28 days requirement though on JobActive are for 14 days by default, therefore it is recommended to tick the correct box to extend the period when publishing the ad to meet the 28 days requirement. The Jobactive site can also take several days to post the adverts and this should be taken into account when placing the advertisements.

22.01.2022 NSW 491 latest update, the program will be managed by RDAs, sponsorship criteria will remain the same for the 2020-2021 financial year across all regions. Skilled Work Regional visa (subclass 491) 2020-21 Financial Year Update...Continue reading

22.01.2022 LMP Immigration and our team has achieved a milestone winning the latest Federal Circuit Court case of Hassan v Minister for Immigration and Anor FCCA 2385. The court found that the Tribunal has fell into jurisdictional error as it has failed to take proper consideration of principles from the Waenesila case. (Our principle lawyer Mr Jia Jack Li was representing Mr Waenesila at the original Tribunal hearing laying foundation and the eventual success of the matter at the Fede...ral Court. He also represented Mr and Mrs Hassan at the Tribunal hearing of this matter.) This is an important decision where the Court found Tribunal should not limit itself to consider genuineness of the relationship at the time of visa application only, in doing so will defeats the spirit of Waenesila. The decision can assist many partner visa applicants who do not have substantive visa at the time of visa lodgement. We once again thank our Counsel Mr Oliver Jones for this great victory and the LMP team in this matter. We will make our best endeavour to assist Mr and Mrs Hassan in their subsequent matter. For more information and general consultation for your visa, AAT or court matters please do contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 or [email protected].

22.01.2022 NSW to open for the 491 visa nomination from Monday 15 June 2020. NSW Treasury will stop accepting applications at 5pm Tuesday 23 June 2020. Applications will be assessed by the end of the financial year; Tuesday 30 June 2020....Continue reading

22.01.2022 Significant changes to the business visa streams on the 1 July 2021 announced by Acting Minister The Hon Alan Tudge MP on 17 December 2020. Key changes announced by the Minister: (in effect from 1 July 2021) The program will be simplified from nine to four visa streams: Business Innovation, Entrepreneur, Investor, and Significant Investor. There will be a clear pathway to permanent residency for each category.... The Premium Investor (188D), Significant Business History (132A) and Venture Capital Entrepreneur (132B) visas will be closed to new applications from 1 July 2021. Applications already lodged for these visas will still be processed. Provisional visa holders in all four streams will be able to apply for permanent residence if they meet the requirements after three years, but the provisional visa will now be valid for five years, meaning they have additional time to meet the requirements. Business Innovation (188A) and Significant Investor (188C) visa holders will also continue to be able to extend their provisional visas if they do not meet the business and residence thresholds in the required timeframe. o Business Innovation provisional visa holders can apply for a two-year extension provided they demonstrate a realistic commitment to continuing to manage a business that has been actively operating in Australia for the previous two years. o Significant Investor provisional visa holders can apply for two, two-year extensions provided they continue to maintain their complying significant investment. The requirements for Business Innovation (188A) visa holders will be increased to ensure the program is attracting migrants with proven business skills. Business Innovation visa holders will be required to hold business assets (presumably including personal assets) of $1.25 million (up from $800,000) and have an annual turnover of $750,000 (up from $500,000) to prove their business acumen. These settings have not changed since 2012 when the program was first introduced. The $200,000 funding threshold required for Entrepreneur (188E) visa applicants will be scrapped. Applicants will need to be endorsed by a State or Territory government. This follows the successful Supporting Innovation in South Australia pilot program and will give states and territories an additional way to attract international entrepreneurs. The Government will also be consulting widely with industry to inform any further changes to the Complying Investment Framework. Any changes to the framework will be announced in the early half of next year, with sufficient time for businesses and investors to adjust. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

21.01.2022 Australian Government Announced Important visa changes to International Students, Visitor, TSS & 457, Working Holiday and SCV444 Visa holders in Australia - 4 A...pril 2020 International students Students who have been here longer than 12 months will be able to access their Australian superannuation. The Government will undertake further engagement with the international education sector who already provide some financial support for international students facing hardship, such as providing fee discounts to international students. The Government will also be flexible in cases where Coronavirus has prevented international students meeting their visa conditions (such as not being able attend classes). International students are able to work up to 40 hours per fortnight as usual. International students working in aged care and as nurses have had these hours extended to support these critical sectors. International students working in supermarkets on extended hour will have their hours will return to the maximum 40 hours a fortnight from 1 May. Visitor visa holders International tourists should return to their home country as quickly as possible, particularly those without family support. (Visitor visa holders with 8503 no further stay condition can apply for a waiver request and the department has allocated additional resources, LMP Immigration has experience significant reduction in processing times) Temporary Skilled visa holders (TSS & 457) Consequently, those visa holders who have been stood down, but not laid off, will maintain their visa validity and businesses will have the opportunity to extend their visa as per normal arrangements. Businesses will also be able to reduce the hours of the visa holder without the person being in breach of their visa condition. These visa holders will also be able to access up to $10,000 of their superannuation this financial year. Those visa holders who have been laid off due to coronavirus should leave the country in line with existing visa conditions if they are unable to secure a new sponsor. However, should a 4-year visa holder be re-employed after the coronavirus pandemic, their time already spent in Australia will count towards their permanent residency skilled work experience requirements. Working holiday makers supporting critical sectors To support the critical sectors of heath, aged and disability care, agriculture and food processing, and childcare, some limited flexibility will be provided. In particular, working holiday makers who are working in these critical sectors will be exempt from the six month work limitation with the one employer and eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months. In general, working holiday makers that do not have the confidence to sustain themselves over the next six months should make arrangements to leave the country. New Zealanders on 444 visas New Zealanders who are on 444 visas and arrived before 26 February 2001 will have access to welfare payments and the JobKeeper payment. 444 visa holders who arrived after 2001 have access to the JobKeeper payment. Those who have lived in Australia for 10 years or more have access to JobSeeker payments for six months. New Zealanders should consider returning to New Zealand if they are unable to support themselves through these provisions, work or family support. Sourced from: The Hon Alan Tudge MP - Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs LMP Immigration Office Arrangement Our office hours are strictly limited and we are mainly working from home. We encourage all clients to remain in their homes were possible and contacting us via Email (preferred) or by Phone. Prior confirmed appointments essential for office visits and strictly limited to need basis. We will continue with all phone, email and social media consultations and support. Face to face consultations are made on a need basis. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

21.01.2022 Regional 485 visa extension has been announced for either 1 or 2 year and scheduled to commence on the 20 January 2021. To be eligible, the applicant: must hold the first Post Study Work (PSW) 485 visa (GWS not eligible), and have to apply before the first PSW visa expires.... Must have lived, worked, studied in a regional area for two years continuously before applying. First PSW 485 visa must be granted based on studies from a regional educational institution whilst living, working studying in regional areas. The extension can only be applied whilst in Australia, offshore Covid 19 concession does not apply No English requirement. Can only apply for the extension once only. Visa application fees: o Base charge primary applicant - $650 o Additional applicant > 18 yo - $ 325 o Additional applicant < 18 yo - $165 Two years second Post Study 485 visa: Those who have graduated and granted the first Post Study Work 485 visa based on the study in designated regional centre or other regional area and only lived, worked and studied in a designated regional centre or other regional area during the two or more years of study and on the first 485 visa. designated regional centre or other regional area means all other areas of regional Australia apart from Sydney, Melbourne, Brisbane, and Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart Valid for 2 years on the later date of either after the first PSW 485 visa expires or the visa grant date. With visa condition must live, work and study in designated regional centre or other regional area. One Year second Post Study 485 visa: Those who have graduated and granted the first Post Study Work 485 visa based on the study in designated regional area and only lived, worked and studied in a designated regional area during the two years study period and on the first 485 visa. Designated regional area means all other area of Australia excluding Sydney, Melbourne and Brisbane. Valid for 1 year on the later date of either after the first PSW 485 visa expires or the visa grant date. With visa condition must be live, work, study in a designated regional area. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

20.01.2022 Current update on State and Territory Nominated 190/491 visas Victoria - open Applications for Victorian nomination under the Subclass 491 Skilled Work Regional visa program opened on 18 November 2019. It is free to lodge a Victorian nomination application.... Western Australia - open The Timeline of Transitional Arrangements on the Living in Western Australia website give 21 November 2019 as the start date for the Subclass 489 invitations Tasmania - open All state nominated applications opened on 16 November 2019 including Subclass 491 Skilled Regional Work visas. Applications will incur a $220 fee including GST. Queensland - open The Queensland State Nomination Skilled Program has opened today, 25 November 2019 for the Subclass 491 Skilled Regional Work and Subclass 190 Skilled Nominated visas. More details here South Australia State nomination applications for the Subclass 491 Skilled Regional Work and Subclass 190 Skilled Nominated visas will be open first week in December 2019. Northern Territory Applications for Subclass 491 Skilled Regional Work and Subclass 190 Skilled Nominated visas will reopen on 9 December 2019. A nomination fee will be applied from that date. Australian Capital Territory The ACT is defined as regional for skilled migration purpose from 16 November 2019. While potential applicants can complete the Home Affairs SkillSelect EOI from this date, the Subclass 491 Canberra Matrix can only be submitted from 1 January 2020. Eligibility criteria will be available from 28 November 2019. New South Wales No announcement at this time. (sourced from MIA)

20.01.2022 188 business visa holders are amongst the increased exempt categories from travel restriction to Australia. Those exempt from requiring individual exemptions are: an Australian citizen... a permanent resident of Australia an immediate family member of an Australian citizen or permanent resident* a New Zealand citizen usually resident in Australia and their immediate family members a diplomat accredited to Australia (holding a subclass 995 visa) a traveller transiting Australia for 72 hours or less airline crew maritime crew including marine pilots recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme holder of a Business Innovation and Investment (subclass 188) visa See more

20.01.2022 Victorian Government made Important Changes to Victoria's Business Innovation & Investor Program as follows: From 22 July 2019, you will be able to lodge a nomination application for Business Innovation and Investor Program (BIIP) visas without having to wait for an invitation from Victoria. ... Victoria is no longer issuing invitations to apply for nomination. If you have already submitted an Expression of Interest through the Department of Home Affairs SkillSelect system, but have not received an invitation to apply for Victorian nomination, you should lodge a nomination application directly from 22 July 2019. There is no need to submit a new EOI. There will also be new nomination criteria for some BIIP visas from 22 July 2019 onwards: 188 Innovation nomination applicants will need to demonstrate a minimum of 80 points (using the Department of Home Affairs SkillSelect Points test) 188 Innovation nomination applicants must commit to employ at least one (1) full time employee in their main business Any applicant proposing to engage in export activity will need to demonstrate that all export products will be 100% manufactured in Victoria 188 Investor nomination applicants must demonstrate that they will make an additional investment of at least A$500,000 in Victoria during the provisional visa period. The investment must be held for no less than 12 consecutive months immediately preceding the Business Innovation and Investment (Permanent) visa (subclass 888) Investor Stream nomination application 188 Investor and Significant Investor applicants will be required to demonstrate that they have A$200,000 available for migration purposes (consistent with 188 Innovation stream requirements) Please note that existing visa holders and applicants who have received an invitation and applied for nomination before 22 July 2019 will not be subject to these changes.

20.01.2022 South Australian government has advised that: "state nomination applications for the 2019/2020 program year will close on Sunday 28 June 2020 at 9pm ACST. Skilled migrants seeking state nomination will need to submit and pay for their application to Immigration SA by this time to be considered against the current state nomination requirements.... Any incomplete application remaining in the system past 9pm ACST on the Sunday 28 June 2020 will be deleted. This includes applications that have been saved but not submitted and applications that have been submitted but are still awaiting payment. Applications for 190/491 skilled migration for the 2020/2021 program year will be open at a date to be advised."

19.01.2022 Canberra Matrix Update 19 August 2020 Dear Agents Greetings from Canberra...Continue reading

19.01.2022 Covid 19 Concession for 887, 790 and 485 visa applicants Covid 19 concessions for 887 visa From 19 September 2020, COVID concessions to lodgement and eligibility requirements will be available to eligible prospective Skilled Regional visa (subclass 887) applicants where they meet criteria set out below....Continue reading

19.01.2022 Migration Legislation relating to student visa fee free application affected by Covid-19 has been published. It is stated that: Class of persons 8 Current or recent students whose studies were affected by COVID-19 This section applies to an applicant who:... (a) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (b) held a Subclass 500 visa at any time occurring on or after 1 February 2020; and (c) is or was unable to complete the course of study to which the visa mentioned in paragraph (b) relates before the end of the visa period because of the coronavirus known as COVID-19. Class of persons 9 Family member (combined applicants) of current or recent students whose studies were affected by COVID-19 This section applies to an applicant: (a) who claims to be a member of the family unit of another applicant (the primary applicant) and the primary applicant is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (b) who seeks to combine their application with the primary applicants application; and (c) where the primary applicant held a Subclass 500 visa at any time occurring on or after 1 February 2020; and (d) where the primary applicant is or was unable to complete the course of study to which the visa mentioned in paragraph (b) relates before the end of the visa period because of the coronavirus known as COVID-19. Policy relating to this legislation stated that: The proposal aims to support the international education sector and ensure that international students are not adversely impacted by COVID-19. Providing a VAC waiver for students who are unable to complete their course within their existing visa validity due to COVID-19 will support recovery of the international education sector and maintain Australias reputation as a safe and welcoming education destination. To be eligible for a VAC waiver, international students will be required to provide evidence that their study plans were impacted by COVID-19 and therefore they were unable to complete their studies within their original visa validity. There are no regulatory costs or savings associated with this proposal. Students who require a further Student (subclass) visa to complete their course due to COVID-19 will not be required to pay a VAC but will instead be required to provide evidence that their studies were adversely impacted by COVID-19. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

18.01.2022 Victoria’s skilled visa nomination program (subclass 190 and 491) reopens on 5 January 202 at 10am AEDT. Victoria’s total number of places for the Skilled visa program for the 2020-21 program year is outlined in the table: Visa type, Interim Allocation, Additional 2020-21, Total... Skilled Nominated (190) 600 1,900 2,500 Skilled Work Regional (491) 200 843 1,043 Total skilled nomination places for Victoria 3,543

17.01.2022 Jobactive Labour Market Testing - LIN 20/156 requires ALL nominated positions to be advertised on the Governments Jobactive website. The Governments Jobactive website is a free online jobs website that is accessible via the internet. The new requirements for advertising may be summarised as follows: must be advertised on the Jobactive website, AND... must be advertised with at least two advertisements in one or more of the mediums, already specified in LIN 18/036,Item 8(3). applies to ALL nominated occupations, not just those in the newly announced Priority Migration Skilled Occupation List (PMSOL) applies to nominations made after 30 September 2020. See more

17.01.2022 Migration Planning Level remains unchanged and capped at 160,000 for the 2020-2021 program year. There is significant increase in Global Talent, business and partner visas numbers, and will result in reduction in other visa categories. The Minister stated in their joint statement on the 6 October 2020: A carefully managed Migration Program is an important part of Australia’s economic recovery and will create jobs and bring high value investment to help Australia rebound from... COVID-19. In 2020-21 the planned ceiling for the Migration Program will remain at 160,000 places. The program will have a strong focus on attracting the best and brightest migrants from around the world, with a tripling of the Global Talent Independent program allocation to 15,000 places and an increase in the Business Innovation and Investment Program (BIIP) to 13,500 places. The BIIP will also be streamlined and reformed to ensure that investments are targeted at Australian venture capitals and emerging small and medium size businesses to support the economic recovery. The Family stream planning level has been set at 77,300 places, including 72,300 within the Partner category. While overall the government has placed greater emphasis on the family stream, most of these are people already in Australia. Of the new permanent residents coming into the country, we still anticipate that approximately two thirds will be in the skilled stream and one third from the family stream. There will be 13,750 places allocated for the Humanitarian Program. The Government will continue to invest to improve settlement and employment outcomes for humanitarian entrants, including through previously announced reforms to the Adult Migrant English Program (AMEP), and developing a reform program for settlement services and the Community Sponsorship Program. The Government will also offer Visa Application Charge (VAC) refunds, waivers or visa extensions to visa holders who have been unable to travel to Australia due to COVID-19. This includes waiving the VAC for Working Holiday Makers and Visitors to boost tourism once the borders re-open. https://minister.homeaffairs.gov.au//securing-and-uniting- 2020-2021 2019-2020 Global Talent 15,000 5,000 Business 13,500 6,862 Family total 77,300 47,723 Partner 72,300 39,799 Total 160,000 160,000 Humanitarian 13,750 18,750 For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

17.01.2022 NSW government has announced on the 1 September 2020 on Business and Skilled Migration Update: NSW has been provided a limited number of interim nomination places for the 202021 financial year. Because our nomination places are limited, we have made some temporary adjustments to our application process. These adjustments will be reviewed if more nomination places are provided to us later in the financial year.... Business and investor visas We will nominate potential business and investor applicants by invitation only. To be considered for NSW nomination for the subclass 188 visa, ensure you have a valid EOI in SkillSelect selecting 'NSW' as your preferred state. Skilled visas Invitation rounds will commence shortly for subclass 190 visa nomination. In line with Home Affairs' direction, we will only invite applicants in selected health, ICT and engineering occupations, and who currently reside in NSW. Please visit our subclass 190 visa website for information about eligibility for NSW nomination. All on-hand subclass 491 visa applicants will be advised of their outcomes by email shortly. For all visa subclasses, you do not need to submit a new EOI in SkillSelect if your current EOI is valid.

17.01.2022 Congratulations!

17.01.2022 Canberra is conducting an integrity check of continued ACT residence for those who have been nominated for a subclass 190 visa by the ACT government as advised by the MIA. ACT 190 nominees are required to provide bank statements as evidence of their continuing ACT residence. If Skills Canberra is not satisfied that the ACT nominees are currently resident in Canberra, their ACT 190 nomination may be withdrawn. If ACT 190 nomination is withdrawn, the Department is unable to grant the visa. Further, it appears that an integrity check of continued ACT residence for ACT sc 491 nominees will commence shortly.

16.01.2022 Applications extended to candidates residing in regional NSW Skilled Work Regional visa (subclass 491) with no minimum residence or work experience requirements Per the NSW government:... NSW Treasury is extending applications to all eligible candidates who are currently residing in a designated regional area in NSW. Please see detailed information below. Applications must be received by 5pm Friday, 26 June 2020. We will endeavour to assess applications by the end of the financial year; Tuesday, 30 June 2020. Who can apply? Only candidates who meet all the requirements below are able to submit an application. If you do not meet these requirements, we strongly urge you not to apply as your application will be declined. The NSW nomination fee is not refundable. Requirements You can only apply for NSW nomination if you meet Department of Home Affairs requirements for this visa and: 1. have an occupation on the NSW Regional Skilled Occupation List, and; 2. are living in a designated regional area in NSW. There is no minimum time-frame for how long you have been residing in regional NSW, however you must be able to demonstrate your place of residence through evidence. If you do not meet all of these requirements, you are not able to apply for NSW nomination. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

16.01.2022 Outcomes of the 2019-20 Migration Program The Government has published the detailed outcomes from the 2019-20 Migration Program.... The permanent migration intake was 140,366 in 2019-20. Seventy per cent of the visas were granted through the skilled stream (95,843 in total), including 4,109 places under the highly skilled Global Talent Independent program, launched in November 2019. There were 23,372 regional visas delivered, from the 25,000 places allocated. This compares to 18,308 regional visas granted in 2018-19 an increase of 27 per cent. There were 41,961 visas granted in the Family program, including 37,118 Partner visas. Two-thirds of permanent visas were granted to individuals already in Australia who transitioned from a temporary visa to permanent residency. There were also 13,171 visas granted in the Humanitarian Program in 2019-20, including 4,765 visas (45 per cent) for those who were referred for settlement in regional areas. The size and composition of the 2020-21 Migration and Humanitarian programs will be considered in light of the developing COVID-19 situation and announced as part of the Budget process in October. Further information on Australia's 2019-20 Permanent Migration Program and Humanitarian Program is available on the Department of Home Affairs website. 2019-20 MIGRATION PROGRAM Stream and Category Outcome Skill Stream Employer Sponsored 29,261 Skilled Independent 12,986 Regional Skilled Employer Sponsored Regional 8,372 Skilled Work Regional 15,000 Subtotal Regional 23,372 State/Territory Nominated 21,495 Business Innovation and Investment 4,420 Global Talent 4,109 Distinguished Talent 200 Skill Total 95,843 Family Stream Partner 37,118 Parent 4,399 Other Family 444 Family Total 41,961 Special Eligibility 81 Child 2,481 Total Migration Program 2019-20 140,366 2019-20 HUMANITARIAN PROGRAM Offshore visas Refugee category visas 6,422 Special Humanitarian Program (SHP) visas 5,099 Offshore visas total 11,521 Onshore visa Onshore visas total 1,650 Total Humanitarian Program 2019-20 13,171

15.01.2022 Australias major supermarkets will temporarily be able to offer more hours to international student employees to help keep shelves stocked. International students currently employed at the major supermarkets will be able to extend their working hours to help meet high demand for essential items because of the coronavirus. Ordinarily international students are subject to a maximum 40 hours a fortnight during term. Acting Minister for Immigration, Citizenship, Migrant Services... and Multicultural Affairs Alan Tudge said the changes would help supermarkets meet the immediate high demand. https://minister.homeaffairs.gov.au//more-help-aussie-shel

15.01.2022 (Migration Institute of Australia advised of error of the new requirement as of 6 October 2020) Labour Market Testing From 1 October 2020 requires only 2 methods rather than 3 but one must be from Jobactive website. Legislation states that:... (3) The nominated position must be advertised: (a) on the Employment Department’s Jobactive website (http://www.jobactive.gov.au); and (b) on or in one or more of the following: (i) a recruitment website with national reach in Australia (other than the website mentioned in paragraph (a)); (ii) print media with national reach in Australia; (iii) radio with national reach in Australia; (iv) if the approved sponsor is an accredited sponsorthe approved sponsor’s website. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

15.01.2022 2 October 2020 - Update to Victoria’s interim skilled and business migration program (Victoria State Government) latest newsletter states: "The Department of Home Affairs has now confirmed that we can continue to use our interim allocation places beyond 5 October. We will continue nominating skilled and business migrants, until we fill our interim nomination places. If you have been selected to apply for a skilled visa, you can continue to submit your State Skilled Nominated ...Visa application past 5 October. We’ve had significant interest in both the skilled and business programs. The numbers below show that this continues to be a competitive process. Victoria’s interim allocation for 2020-21 were: - 600 places for skilled subclass 190 - 200 places for skilled subclass 491 - 400 places for the business innovation and investment program We received: - more than 2400 registrations of interest received from skilled migrants, and - more than 480 application from business migrants. Once Victoria receives confirmation of its full 2020-21 nomination allocations for the skilled and business migration programs, we will be in a position to reopen our visa nomination programs. Please continue to visit Live in Melbourne website for further information and important dates. ____ Skilled and Business Migration Program Department of Jobs, Precincts and Regions"

14.01.2022 NSW has invited 190 on 11 September 2020, our Software Engineer were invited on 95 points and ICT Business Analyst invited on 100. 2020-21 State and Territory Interim Nomination Allocations Numbers before 6 October Federal Budget: State & Territory sc 190 sc 491 & 489 Business... ACT 250 45 4 NSW 550 150 200 VIC 600 200 400 QLD 200 200 160 NT 80 80 5 WA 200 40 70 SA 300 600 180 TAS 250 400 5 Total 2430 1715 1024 See more

14.01.2022 LMP Immigration Christmas and New Year Opening Hours: 24 December 2019 Closes at 4pm 25 December 2019 Closed 26 December 2019 Closed... 27 December 2019 Closed 28 December 2019 Closed 29 December 2019 Closed 30 December 2019 By Appointment Only 31 December 2019 By Appointment Only 1 January 2020 Closed 2 January 2020 Office reopen normal hours (appointments must be booked 48 hours in advance by texting on 0468 356 918 or email [email protected]) On behalf of all LMP Immigration staffs, we wish you Seasons Greetings and Happy New Year!

13.01.2022 189 visa grant statistics during Covid 19 period (1 March 2020 to 31 August 2020) published by the department under the Freedom of Information Act Very limited number of visa grants and to some of the occupations For detailed information please do refer to: https://www.homeaffairs.gov.au//fa-200900051-document-rele

13.01.2022 Red Cross offers Assistance to Temporary Visa Holders, VFS Global Network Offices and Service Closure from 7 April 2020, Business State Nomination Closures, and update on offshore visa grant with 8504 condition. Red Cross announcement - Assistance to Temporary Visa Holders The Red Cross has announced on its website that it will be receiving funding from the Australian Government for the next six months to deliver emergency relief and casework support to temporary visa holde...Continue reading

12.01.2022 Federal Circuit Court application fee for migration litigants will be increased from $690 to $3,330 from 1 January 2021.

12.01.2022 Significant changes has been made to the Northern Territory (NT) State Sponsorship Criteria for applicants already in Australia. NT Graduates and Temporary Visa holders should be aware. Eligible NT graduates...Continue reading

12.01.2022 State Sponsorship allocation numbers are expected to be finalised by late November 2020 The SA government advised on the 16 October that: "Move to South Australia Skilled and Business Migration is currently awaiting confirmation of the final allocation for the 2020-2021 program year for both the skilled and business nomination allocations. While an exact date is not known, it is expected to be finalised by late November. Further information will be provided on the Skilled a...nd Business Migration programs once the allocations have been finalised. The Skilled Migration Program The current Skilled Migration program will remain in effect with invitations continuing to be issued to Expressions of Interest identified with the skills to support South Australia’s economic recovery and public health response. https://www.migration.sa.gov.au/skil/supporting-information Business Innovation & Investment Program (BIIP) Intention to Apply applications are welcomed and can continue to be submitted. If you have not been invited to submit a state nomination application in Round 1, your Intention to Apply remains eligible for any subsequent rounds. https://www.migration.sa.gov.au/busi/supporting-information Please do not contact Skilled and Business Migration regarding the status of your Expression of Interest or your Intention to Apply unless you have been requested to provide further information. " For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

10.01.2022 2020-2021 Detailed Migration Planning Levels published as of 7 October 2020 Stream and Category 2020-21 Level 2019-2020 Levels Employer Sponsored 22,000 30,000... Skilled Independent 6,500 6,652 State/Territory Nominated Skilled Nominated (Permanent) 11,200 24,968 Regional, including: Skilled Employer Sponsored Skilled Work Regional 11,200 25,000 Business Innovation and Investment Program 13,500 6,862 Global Talent Program 15,000 5,000 Distinguished Talent 200 200 Skilled Total 79,600 108,682 Partner 72,300 39,799 Parent 4,500 7,371 Other Family 500 562 Family Total 77,300 47,732 Special Eligibility 100 236 Total Managed Migration Program 157,000 156,650 Child - Estimated 3,000 3,350 Total Migration Program 160,000 160,000 Humanitarian 13,750 18,750

10.01.2022 Five changes to Student Visa arrangements for those impacted by COVID - According to The Hon Ministers Alan Tudge and Dan Tehan's Media Release on the 20 July 2020. The Ministers stated that "These five visa changes will ensure international students are not worse off due to the coronavirus pandemic and that Australia remains competitive with other countries. The changes include:... The Government will recommence granting student visas in all locations lodged outside Australia. This means when borders re-open, students will already have visas and be able to make arrangements to travel. International students will be able to lodge a further student visa application free of charge, if they are unable to complete their studies within their original visa validity due to COVID-19. Current student visa holders studying online outside Australia due to COVID-19 will be able to use that study to count towards the Australian study requirement for a post-study work visa. Graduates who held a student visa will be eligible to apply for a post-study work visa outside Australia if they are unable to return due to COVID-19. Additional time will be given for applicants to provide English language results where COVID-19 has disrupted access to these services." For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

09.01.2022 Victorias 2020-21 skilled visa nomination program (subclass 190 and 491) Victoria governments has announced on the 2 September 2020 that: We will be opening Victorias 2020-21 Victorian skilled visa nomination program (subclass 190 and 491) on Tuesday 8 September, 2020. ...Continue reading

07.01.2022 The NSW state government has announced that it is close to filling its interim allocation and is still waiting for the Federal Government’s final planning level for this financial year which is expected in the Coming Weeks. Skilled Migration and Business Migration will continue to operate on an EOI basis. Potential changes to the 491 visa where the processing may once again hands back to the RDAs. The newsletter stated that:... NSW Business and Skilled Migration Skilled is close to filling its interim allocation of nomination positions for the 2020-21 program year provided by the Department of Home Affairs. Following the Commonwealth Government’s announcement of the annual migration program planning levels, an additional provision of nomination positions for the reminder of the year may become available in the coming weeks. Further information will be provided on our website once the allocation of nomination positions has been finalised. Skilled migration NSW will continue to operate an expression of interest and invitation model to address NSW’s skill needs. Under direction from Home Affairs, NSW will continue to priorities applicants with skills to support NSW economic recovery and public health response. We will only invite applicants currently in selected health, ICT and engineering occupations, and who are residing in NSW. Regional migration NSW will shortly announce changes to the management of the Skilled Work Regional Visa (subclass 491). Information on changes will be announced on our Skilled Work Regional visa (subclass 491) web page. Business Innovation & Investment Program (BIIP) In-line with the skilled migration program, NSW is currently operating an expression of interest and invitation model for Business, Innovation and Investment Visas. EOIs are still welcomed across all BIIP subclasses excluding the 132B visa and can continue to be submitted in Skill Select. If additional positions are made available to NSW for the BIIP, NSW may change its approach to the management of the program for the remainder of the year. NSW Business and Skilled Migration is unable to answer enquiries regarding the status of your Expression of Interest or your Intention to Apply Information on changes will be announced on our Business and investor visas web page. COVID Concessions Home Affairs recently announced some concessions in Australia’s migration programs in relation to COVID. NSW will largely seek to honour these concessions where there is no direct conflict with additional nomination criteria set by NSW. We are unable to make assessments outside of a formal application process. For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

07.01.2022 Victoria’s full 2020-21 business and investor visa nomination program (subclass 188A, 188B, and 188E streams and subclass 132A and 132B streams) will re-open at 10am AEST on Monday, 4 January 2021. Applications for Significant Investor (subclass 188C) visa nomination opened on Monday 30 November. Victoria was allocated 1,350 visa nomination places in addition to the 400 places as part of the interim program. Total of 1,750 for the 2020-21 program year. Changes to nomination... criteria Changes to the state nomination criteria was made. The new criteria strengthen Victoria’s ability to select the world’s best businesspeople and investors who will: a) create new jobs for Victorians b) boost innovation in strategic sectors (digital technologies, advanced manufacturing, health and life sciences, agri-food, new energy and emissions reduction, circular economy and priority precincts) c) generate forward-looking businesses utilising their qualifications in STEMM (science, technology, engineering, mathematics and medicine) fields. New changes include: a) Must show vocational English (IELTS of 5 each or equivalent) b) Must hold a Bachelor or higher in Science, Technology, Engineering, Mathematics or Medicine (STEMM), or Master of Business Administration, or at least 3 years of experience operating a business in digital technologies, advanced manufacturing, health and life sciences, agri-food, new energy and emissions reduction, circular economy, priority precincts. c) Business Activity must contribute to innovation in Victoria through Product Innovation or Process innovation. d) If Business activity is based on export, how the activity is directly contributes to the Victoria economy. e) Employs at least 2 full time staffs or achieve an annual turnover of $1million in Victoria to apply for the 888A visa. f) Must establish residence in Victoria.

07.01.2022 Victorias 2020-21 business and investor visa nomination program (subclass 188 and 132) opened at 9am AEST, Tuesday, 8 September, 2020 Changes to nomination criteria For the interim period, the Victorian Governments business and investor migration program will reopen with no substantial changes to the existing nomination criteria, except for one additional requirement. All business and investment activity must contribute to Victorias economic recovery or health response to be approved for visa nomination.

06.01.2022 NSW 491 to include for applicants who are "outside of regional NSW" for the "Job Offer", "5 year experience" and "Family Tie Streams. The NSW government web site state that: 3. Living and working outside of regional NSW... To be eligible for NSW nomination under this stream you must meet all the criteria for at least one of the following categories: a. Job offer in regional NSW To be eligible for NSW nomination under this category you must: hold a valid skills assessment for an occupation that appears on your nominated region's occupation list; have an offer for ongoing employment that is: in your nominated occupation, or a closely related occupation; and for a minimum term of 12 months and 35 hours of work per week; have an offer for ongoing employment from an employer that is: located in a designated regional area in NSW; and registered in Australia. b. At least five years skilled employment experience (offshore Applicants) If you reside outside of Australia, you must: hold a valid skills assessment for an occupation that appears on your nominated region's occupation list; and have at least five years of skilled employment in such nominated occupation, or a closely related occupation. c. Family ties in regional NSW To be eligible for NSW nomination under this category you must: hold a valid skills assessment for an occupation that appears on your nominated region's occupation list; and have an immediate family member in a designated regional area in NSW who satisfies all of the criteria below: is either your grandfather, grandmother, father, mother, brother or sister (including by virtue of a step or adoptive relationship); at least 18 years of age; either an Australian Permanent Resident, an Australian Citizen or a NSW nominated provisional visa holder (489); currently residing in a designated regional area in NSW; and has been residing in a designated regional area in NSW for at least the previous 24 months, and you must ensure that your family member has completed a statutory declaration to confirm that they satisfy each of the above chain migration requirements.

06.01.2022 New South Wales government has released 190 and 489 occupation list. 190 list now includes indicator for the level of demand and if additional criteria applies to each of the occupation. For details please do refer to ... https://www.industry.nsw.gov.au//nsw-190-priority-skilled- https://www.industry.nsw.gov.au//nsw-skilled-/nsw-489-list

05.01.2022 Covid 19 concessions for business visa holders from 19 September 2020 (Concession period is defined commencing from 1 February 2020 and ending a on future date to be specified by the minister) The following concession are made to business visa holders:...Continue reading

03.01.2022 Migration Institute of Australia (MIA) has advised that the new Labour Market Testing requirement Compiled on the 3 September 2020 contains errors. MIA advised that the department requires at least two other methods of advertising in addition to the compulsory adverts on the Jobactive website. In the mean time we do advise employer to advertise at least 3 or more acceptable means including the one in Jobactive. ... For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

03.01.2022 Age Exemption for 186, 187 and 494 visa (aged 45 or above) applies if applicants can demonstrate that they have been earning at least the high-income threshold (currently at 153,600+) for 3 years. Concession also applies if applicants are effected by Covid 19 where earning can be calculated at the pro-rata basis. Further, Australian Investment Council Limited (formerly the Australian Private Equity and Venture Capital Association) has been specified as the Venture Capital Industry Association and Membership for the purposes of Subclass 132 Business Talent visas in the Venture Capital Entrepreneur stream.

03.01.2022 Detailed Individual requests for exemption from Australia’s travel restrictions to Australia. The Australian Border Force Commissioner and decision makers may grant individual exemptions from Australia’s travel restrictions. Cases that demonstrate circumstances such as those described below, may generally be considered to satisfy the requirements for exemption to inwards travel restrictions. Supporting evidence, sufficient to satisfy the decision maker, should be provided....Continue reading

02.01.2022 Detailed individual requests criteria for exemptions by Australians to leave Australia by the Australian Border Force The following categories of traveller are exempt from travel restrictions and are not required to apply for an individual exemption: usually resident in a country other than Australia... members of the crew of an aircraft or vessel, or a worker associated with the safety or maintenance of an aircraft or vessel New Zealand citizens holding a Special Category (subclass 444) visa, even if they are usually resident in Australia engaged in the day-to-day conduct of inbound and outbound freight travelling in association with essential work at an offshore facility in Australian waters travelling on official Government business (including members of the Australian Defence Force and any Australian government official travelling on a diplomatic or official passport) The following situations would generally be approved and can be assessed and decided by Border Force Supervisors (APS6): a. is attending the funeral of an immediate family member (parent, child, sibling, spouse) b. is travelling due to critical or serious illness of an immediate family member (parent, child, sibling, spouse) c. is travelling for necessary medical treatment not available in Australia d. needs to pick up a minor child (adoption, surrogacy, court order etc) and return to Australia with that child intends to commence or continue education overseas,where the education period is at least three months e. intends to complete an existing work contract - for example fly-in-fly-out (FIFO) workers and individuals with a work contract f. is travelling to an Australian territory which is outside the migration zone g. has a compelling reason and will remain overseas for at least three months h. has had a previous request approved and the reasons for travel have not changed. The following situations would generally be approved and can be assessed and decided by Border Force Inspector (EL1) or above: a. travel is in the national interest b. travel is in response to the COVID-19 outbreak, including the provision of aid c. travel is essential for the conduct of critical industries and business (including import and export industries) For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and [email protected].

01.01.2022 BSMQ Business Program reopens Business Program Business and Skilled Migration has reopened its Business Program as at 10 December 2020. However, it is noted that BSMQ will be first assessing EOI’s submitted from the interim quota received from 29 September 05 October 2020, then from 6 October 9 December 2020 openings. This will result in extended processing times for subsequently submitted EOIs.... BSMQ also advises that not all EOI’s submitted will receive an invitation and BSMQ Business Program Guidelines should be followed. BSMQ will nominate high quality applications related to the COVID-19 economic recovery, or those businesses which focus on productive investment and job creation, or have a regional investment focus within the business program. Priority processing for: Subclass 132 Significant Business History stream Subclass 188 Business Innovation stream Subclass 188 Significant Investor stream Subclass 188 Entrepreneur stream Skilled Program The BSMQ skilled program remains SUSPENDED while the backlog of applications from 29 September 05 October 2020 interim quota opening are processed. Also noted is that only selected occupations related to the COVID response and recovery will be processed as a priority. If an invitation is not received before the 25 December 2020, a new EOI will need to be lodged when the skilled program reopens at the end of January 2021. - Source Migration Institute of Australia

01.01.2022 Victoria’s Significant Investor (subclass 188C) visa nominations open on Monday, 30 November 2020. From 9AM AEST on Monday 30 November, the Victorian Government will open to receive new applications for Significant Investor (subclass 188C) visa (SIV) nominations. The re-opening is possible due to a limited number of visa places remaining from the Commonwealth Government’s interim allocation in August 2020.