Nomos

A reminder that we will be out of the office from noon today until Monday 13 January 2025. Our team has put in the hard yards this year, and we're more than excited for some well-deserved time off to relax and recharge. For any urgent enquiries, please email admin@nomos.com.au and one of us will get back to you if the matter is deemed urgent. We wish all of you a wonderful and safe festive season full of all the things that you enjoy! #seasonsgreetings #merrychristmas #immigrationlawyer #nomoslegal

Legislative clarification on the operation of Caveat 14 has been provided by way of Migration Amendment (Relevant Assessing Authorities and Other Matters) Instrument 2024, which commenced on 14 December 2024. The amending regulations operate to remove Caveat 14 from a number of occupations set out in Migration (Specification of Occupations - Subclass 482 Visa) Instrument 2024 (LIN 24/089) and Migration (Specification of Occupations and Assessing Authorities - Subclass 186 Visa) Instrument 2024 (LIN 24/93), including the occupation of Chef. The amending regulations also amend a number of other instruments, including LIN 19/051, and the occupation lists for the sc494 and sc407 visas, so it is well worth a read. #skilledmigration #employersponsored #immigrationlawyer #nomoslegal

The Family Violence provisions in Division 1.5 of the Migration Regulations 1994 (Cth) will apply to the below visas from 17 December 2024: - Parent (subclass 103); - Remaining Relative (subclasses 115 and 835); - Carer (subclasses 116 and 836); - Business Talent (subclass 132); - Contributory Parent (subclass 143); - Pacific Engagement (subclass 192); - Aged Parent (subclass 804); - Contributory Aged Parent (subclass 864); and - Business Innovation and Investment (subclass 888). The government has repeatedly stated its position that a secondary applicant should not feel compelled to stay in a violent relationship for a visa outcome, and it appears that they intend to follow through with the expansion of these provisions to more visas in the program. #familyviolenceprovisions #immigrationlawyer #nomoslegal

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 have been released, and operate to provide the Skills Assessment Minister with powers to help "ensure the integrity, quality and timeliness of the skills assessments that Assessing Authorities deliver". It appears the government is using the last month of the year to implement a number of the changes they promised in the Migration Strategy. #skilledmigration #immigrationlawyer #nomoslegal

🛑 Those pouring over the legislation regarding the new CSOL (Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024) will have noticed the introduction of Caveat 14, applicable to a number of occupations including a range of managerial occupations as well as Chef. Caveat 14 states "The position is not provided for under an International Trade Obligation". At this stage, we have limited clarification of what this means in practical terms, i.e. whether this is going to apply to all nationals of a country Australia has an ITO with, or whether a more detailed analysis of the individual ITO would be required to determine if the occupation was available for SID nomination purposes. The only clarification available to us is in the Explanatory Statement, which references passport holders of ITO countries: "The introduction of caveat 14 ensures Australia meets its commitments under free trade agreements by ensuring applicants for that occupation are passport holders of countries where Australia has agreed to provide access through that bilateral agreement. By restricting this occupation to certain passport holders, and removing and combining other caveats, Australia is acting within its right to set requirements for the entry of non-citizens into Australia and conditions for their stay, and does so on the basis of reasonable and objective criteria". Interestingly, the occupation of Cook isn't affected by Caveat 14. Lots of clients holding their collective breaths today... #SIDvisa #employersponsored #immigrationlawyer #nomoslegal

🛑 The amending Regulations have been released! The Migration Amendment (2024 Measures No. 1) Regulations 2024 amend the Migration Regulations 1994 to introduce the Skills In Demand (SID) visa on 7 December 2024, and to make associated changes to the Regulations. These include: ➡️ aligning sponsorship obligations with labour market mobility reforms introduced on 1 July 2024 through the Migration Amendment (Work Related Visa Conditions) Regulations 2024, and ensuring that existing sponsorship obligations apply to approved work sponsors of SID primary visa holders; ➡️ ensuring that applicants for, and holders of, the SID visa will have a pathway to permanent residence through the temporary residence transition (TRT) stream of the subclass 186 Employer Nomination Scheme (ENS), and in which all periods of sponsored employment can count towards permanent residence; ➡️ reducing the minimum relevant work experience requirement for applicants for the SID visa to one year of full-time employment, or equivalent, within the five years that immediately preceded the date of the visa application. All 28 pages of the amending regulations make for interesting reading - looks like a busy morning ahead! #SIDvisa #sponsoredworkers #immigrationlawyer #nomoslegal

🛑 Legislation for the National Innovation visa has been released. The Migration Amendment (National Innovation Visa) Regulations 2024 operate to amend various parts of the Migration Regulations 1994 (Cth) so as to change the name of the Class BX subclass 858 visa (formerly known as the Global Talent visa) to the National Innovation visa, and to: ➡️ require visa applicants to be invited by the Minister to apply for the National Innovation visa; ➡️ require that an applicant’s internationally recognised record of exceptional and outstanding achievement be the same as that stated in the invitation at the time of application; and ➡️ repeal references to the ‘Prime Minister’s Special Envoy for Global Business and Talent Attraction’ for subclass 858 visa applications. These amendments commence on 6 November 2024. #nationalinnovationvisa #immigrationlawyer #nomoslegal

🛑 The DHA has announced the release of the new Core Skills Occupations List (CSOL) today, which is intended to apply to the Core Skills stream of the new Skills in Demand (SID) visa. The DHA's announcement also states that the SID visa will replace the subclass 482 Temporary Skill Shortage (TSS) visa on 7 December 2024. The list includes 456 occupations, with some notable changes from earlier lists. The CSOL will also apply to the Direct Entry stream of the permanent subclass 186 Employer Nomination Scheme visa. Given this announcement, it appears that the Migration Regulations 1994 (Cth) will be amended so as to enable the SID visa to be introduced. Any changes that require the involvement of parliament (such as those set out in the Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024) will be left to next year, when parliament resumes. #TSSvisa #SIDvisa #immigrationlawyer #nomoslegal

The Festive Season may almost be here, but things have yet to slow down on the Nomos front. Take a look at our final wrap-up of the year below: #immigrationlaw #thatsawrap #monthlywrapup #November2024 #immigrationlawyers #nomoslegal

🛑 A reminder that although 23 November 2024 was put forward as the date when the work experience requirement for TSS visas was set to be reduced to one year, there have been no legislative amendments that enact that change. As such, the requirement set out in cl 482.221, cl 482.231 and cl 482.242 remains that a visa applicant must have worked in the nominated occupation or a related field for at least two years. #TSSvisa #skilledworkers #immigrationlawyer #nomoslegal