Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023

The Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 is a legal document created under specific provisions of the Migration Regulations 1994, governing migration-related matters in Australia. This instrument is designed to bring about changes to existing regulations, with a primary focus on the Temporary Residence Transition (TRT) stream within the framework of Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas.

The amendments outlined in LIN 23/078 involve alterations to key aspects of visa criteria, particularly those related to age, skills, and English language proficiency. Notably, it modifies definitions and exemptions for certain classes of individuals, such as Subclass 457/482 workers and regional medical practitioner applicants, with the aim of streamlining processes and aligning them with broader regulatory changes.

The instrument is structured to work in tandem with the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023. As a legislative instrument under the Legislation Act 2003, LIN 23/078 takes effect concurrently with the mentioned regulations, ensuring a cohesive and synchronized implementation of the amendments.

The document also delves into the specific amendments made to earlier instruments, including LIN 19/216, LIN 22/038, LIN 19/047, and LIN 19/049. LIN 19/216, for instance, is concerned with exemptions from skill, age, and English language requirements for certain visas, and LIN 23/078 adjusts the definitions and classes of persons eligible for these exemptions. LIN 22/038, which introduced concessions during the COVID-19 pandemic, is amended to reflect changes in visa nomination requirements, particularly regarding the time periods for holding visas and working in nominated positions.

Moreover, LIN 23/078 repeals LIN 19/047 and LIN 19/049, which were instruments specifying occupations and assessing authorities for Subclass 187 and Subclass 186 visas. This repealing is in response to the removal of certain requirements, such as the necessity for occupations to be specified in a legislative instrument, as outlined in paragraph 5.19(5)(c) and subregulation 5.19(8).

In summary, the amendments introduced by LIN 23/078 aim to adapt migration regulations to changing circumstances, with a particular emphasis on the Temporary Residence Transition stream, while also addressing the impacts of the COVID-19 pandemic on visa applicants and ensuring consistency with broader legislative changes.

Written by Ross Ahmadzai

24 Nov, 2023

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