Amendments to Resident Return visa eligibility for Business Skills Category Migrants

 

Australia, July 01, 2004
Balbir Singh
NRIsources

Business Skills visa holders who subsequently obtain a Resident Return visa within the 3 year monitoring period, will now be able to have their visa cancelled under the provisions of s134 of the Migration Act 1958 and;
certain Business Skills visa holders who are subject to a notice of intention to cancel that visa, or a decision to cancel that visa, are unable to apply for a Resident Return Visa.

Technical details
Additional information: A Return visa is included under the definition of a business visa under s134(10) of the Act. Return visa is defined as having the same meaning as in the regulations. There is currently no such definition in the Regulations.

From 1 July 2004 Return visa will be defined in the regulations at new sub-regulation 2.50(4) as a Return (Residence)(Class BB) visas or a Resident Return (Temporary)(Class TP) visa. This will mean that Return (Residence)(Class BB) visas and Resident Return (Temporary)(Class TP) visas will fall within the definition of a business visa under s134(10) of the Act. This change reflects the intention of s134(10) of the Act that where a Resident Return visa is obtained by a Business Skills migrant, that person will still be subject to the cancellation provisions of s134 of the Act. (Point A in Client Summary refers).

In addition, schedule 1 criteria for Return (Residence)(Class BB) visas and Resident Return (Temporary (Class TP) visas will be amended so that an application by persons who have either been:

issued with a notice of intention to cancel their Business Skills visa under s134 of the Act, and have not been notified of a decision not to cancel their visa; or
notified of a decision to cancel their Business Skills Class visa and the cancellation decision has not been set aside by the Administrative Appeals Tribunal.