1. RECENT DEVELOPMENTS AND HOT TOPICS
Presentation by Lena Hung
Accredited Immigration Law Specialist
Principal, Lena Hung & Associates

2. RECENT DEVELOPMENTS AND HOT TOPICS
Student Visas
New 188E Entrepreneur Stream for Business Skills Visas
Member of Family Unit Regulations
Changes to Subclass 462
Summary of 400 Series Changes

3. STUDENT VISAS POST 1 JULY 2016
Subclass 500 Student visa
Subclass 590 Student Guardian
28 Day rule moved from Schedule 2 to Schedule 1
Onshore Applicants must not hold the following visas:
Subclass 426 Domestic Worker (Temporary) Diplomatic or Consular Visa
Subclass 403 Temporary Work (International Relations Visa) Domestic Worker Stream
Subclass 995 Diplomatic Visa
Subclass 771 Transit Visa
Subclass 600 Sponsored Family or Approved Destination Status Streams

4. STUDENT VISAS POST 1 JULY 2016
S = Streamlined evidentiary requirements
R = Regular evidentiary requirements
Source: The Simplified Student Visa Framework p.2

5. STUDENT VISAS POST 1 JULY 2016
English Requirements – VET and Higher Education course
Test results validity of 2 years (can provide at time of decision)
IELTS 5.5 no ELICOS
IELTS 5.0 with 10+ weeks ELICOS
IELTS 4.5 with 20+ weeks ELICOS

6. Genuine Access to Funds and Financial Capacity
STUDENT VISAS POST 1 JULY 2016
Genuine Access to Funds and Financial Capacity
Annual Income
Funds held in:
Spouse of primary applicant
Parents of primary applicant
Money Deposit in a Financial Institution
Loan with a Financial Institution
Government Loans
Scholarship or Financial Support
Annual income of $60,000 if applicant applying alone
Annual Income of $70,000 if applicant including any Dependants
Sufficient funds to cover:
First 12 months of stay
Living costs:
Primary Applicant $19,830
Student Guardian $19,830
Partner $6,940
Dependent Child $2,970
Course fees (dependants) $8,000
Travel Expenses for all applicants

7. STUDENT VISAS POST 1 JULY 2016
Age Requirements for schools sector
Adding Dependants -Different requirements for subclasses 500 and 590
Condition 8202 Enrolled and Maintain Course Progress Condition
Visa-holder must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework (AQF) that is at the same level as, or higher than, the registered course in relation to which the visa is granted (e.g. cannot move from Bachelor Degree to Vocational Diploma, but can move up to Master’s Degree on the same subclass 500 visa)
Where a Visa Holder is enrolled in a Doctorate Level (AQF Level 10), they may move down to complete a Masters Level Course (AQF Level 9) and still comply with Condition 8202

8. Source: https://www. border. gov

9. 188E Entrepreneur Stream Business Skills
Undertaking a Complying Entrepreneur Activity
Innovative Idea leading to Commercialisation or Enterprise Development, except the following:
Labour hire activities
Residential real property
Acquiring interest in existing business, including a franchise
Funding of at least $200,000 from one of the following:
Commonwealth/State/Territory agency
Bodies under publicly funded research under the law of a Commonwealth, State or Territory
Venture Capital Limited Partnership*
Early Stage Venture Capital Limited Partnership*
Higher Education Provider listed under Table A or B of Higher Education Support Act 2003
Funding must be Lawfully Acquired and Unencumbered
Business Plan
* VCLP and EVCLP Lists available

10. 188E Entrepreneur Stream Business Skills
Entrepreneur Stream minimum requirements:
Age under 55 or ‘exceptional economic benefit’ to the State or Territory
Competent English
Sufficient Net assets for settlement in State or Territory
Genuine Intention to undertake Complying Entrepreneurial Activity

11. 888E Entrepreneur Stream Business Skills - PR
Hold 188 visa in Entrepreneur Stream for at least 4 years
Reside in Australia for a period of at least 2 out of 4 years
Overall successful record of undertaking activities of an Entrepreneurial Nature in Australia, having regard to:
Number of Australia citizens and permanent residents employed in relation to complying entrepreneur activities
Level and nature of funding and investments in the activities
Annual turnover of business related to the activities

12. Member of Family Unit Regulations
From 19 November 2016
Only allow the core family unit (partner and children or grandchildren) who are ‘dependent’ on the family head to be included
Only allow children 18 to 23 to be included in an application if they are ‘dependent’ on the family head
Note:
MoFu definition is retained for Refugee, Humanitarian and Protection Visas
“Dependent Child” under Reg 1.03 unchanged – no age limit – applies to 820/801
Doesn’t affect MoFu for new visa basis on earlier status as MoFu, eg. 457 to ENS, RSMS, 173 to 143, Regional Skilled visas to 887, old 457 to new 457
23 Age limit on new 457 Dependants

13. Member of Family Unit Regulations
Previous Reg Pre 19/11/16
Mother in law
Uncle
Primary
Partner
Step Child
Child
Dependent
Child
GrandChild 13

14. Member of Family Unit Regulations
Current Reg – General Family (Post 19/11/16)
Mother-in-law
Uncle
Primary
Partner
Step Child
Child
Dependent
Child
GrandChild 14

15. Changes to Subclass 462 – Work and Holiday
Second Work and Holiday visa (462) - completed 3 months of specified work on first 462.
Work must have commenced after 18 November 2016 and paid Award rates.
IMMI 16/097 prescribes ‘specified subclass 462 work’: (Different to 417)
At least 3 months of work in prescribed postcodes in Queensland or Western Australia or all of the Northern Territory
Work can be performed within prescribed occupations in the Tourism and Hospitality industry (e.g. Hotel Managers, Art Administrators, Café and Restaurant Managers or Café attendants, etc.)
Work can otherwise be performed within prescribed occupations in the Agriculture industry (e.g. plant and animal cultivation, fishing and pearling jobs, tree farming and felling jobs, etc.)

16. Changes to Subclass 462 – Work and Holiday
Countries added to the Work and Holiday framework in over last 12 months:
China
Israel
Hungary
Luxembourg
San Marino
A new Work and Holiday arrangement was signed with Ecuador on 19 January 2017

17. Summary of 400 Series Changes
6 month transitional period (18 May 2017) for “legacy” sponsors previously approved to lodge new visa
28 Day Rule (“Schedule 3 requirements”) moved from Schedule 2 to Schedule 1 (Validity issues)
Lodgement online via ImmiAccount (except 403 International Relations)
Four subclasses:
New Subclass 400 captures old subclass 400 (Highly Specialised Work and Australia’s Interest)
New Subclass 408 captures old subclasses 400 (Invited Participant) 401, 402 (Research) 420, 488 and 416 (Special Program)
New Subclass 407 captures old subclass 402 (Professional Development and Occupational Trainee)
New Subclass 403 captures old subclasses 403 (all streams) and 416 (Seasonal Worker Program)

18. Summary of 400 Series Changes
Source:

19. Questions? Lena Hung & Associates
Contact us:
Lena Hung & Associates
Suite 3, Level 12, 470 Collins Street
Melbourne Victoria 3000
Tel: (03)
Fax: (03)
Website: