How To Know When A Migration Law Change Is Coming

27 May How To Know When A Migration Law Change Is Coming

Some things in life are certain, like the sun rising tomorrow. However being able to predict upcoming migration law changes are not so certain. There are plenty of news platforms for finding out ‘what’ migration law change might occur, but what I’m here to help you with today is to explain ‘when’ such announced changes might occur. Potential changes could often be announced without a proposed date, sending the internet into a frantic. It is always best to seek professional migration legal advice but before you contact me, let me provide you with some insight:

AN INSIGHT INTO HOW:

In layman’s terms, as migration law is Federal law (applies to all of Australia), the Government needs to pass legislation through the senate. Different individuals (senators) may have different opinions (an understatement) and therefore the legislative change may not be passed through the senate at all. Hence, a ‘proposed’ change may never come to fruition when later discussing the specifics and the proposal dates, or at least be delayed during such discussion. Senate sittings certainly don’t happen every day, and being nation-wide decision makers there are a lot of laws to get processed and discussed outside of immigration.

RELEASING THE CHANGES:

A law is released through legislation via official platforms, not in a whirlpool forum or in a Facebook group. Consult with a professional to ensure you are not only reading the correct and updated version of such legislation, but you need to ensure you are interpreting it well for your own unique circumstances. Professional libraries that contain the legislation often need to close down to allow for such updates, with the Australasian Legal Information Institute (referred to as Austlii) the only publically available legislation access database.

IT AND ADMINISTRATIVE PREPARATION:

ImmiAccount, the portal used to lodge online applications, may need to be shut down for ‘system maintenance’ for several hours so that the IT staff of the Department can update the forms, administrative and lodgement processes accordingly.

Legislative changes which cause a change to the application process require system maintenance and occur with prior warning. For example, visa application charges will be increasing by 5.4% on the 1^st July 2019, therefore it would be logic to anticipate the ImmiAccount will be closed for system maintenance no later than midnight of that same date. Plan ahead for your visa application accordingly (don’t leave it to the last day if avoidable).

System maintenance also occurs on a regular basis, this being Monday’s (midnight to 4am), Wednesday’s (5am-8pm), and weekends (Saturday 2pm to Sunday 8am). System maintenance can be checked on this page of the Department site.

KNOW WHERE TO LOOK:

While on topic of the Department website, their news section is where you should be spending your time reading on changes, and the link can he found here. By all means you will initially hear of changes from elsewhere like social media or from a friend, however you should refer to the Department website in every instance, only then reading other publications if you seek further interpretation or understanding. Your visa is important so when in doubt, seek professional advice as it will be tailored to your unique circumstances. I offer a free initial 15 minute consultation, and can be arranged pretty quickly over the phone if you need an answer in a hurry, so no need to risk it. You can get in contact here.

DECIDE FOR YOURSELF HOW IMMINENT A CHANGE IS:

Only in limited instances will a proposed migration law change be applicable to your own circumstances. If you are getting no solid answer on ‘when’ a change might occur, then try best interpret yourself when it might occur. The essence of what the change is for is a big indicator. For example, there is a push to have migrants more prominent in regional areas, but this isn’t something that would change overnight at great urgency (the changes from my December blog are now proposed for 16^th November 2019, a year since initial discussion).

If it’s a question of ‘when’ and not ‘if’, then if you have what you need to lodge then don’t get caught short because of time.

Evan Bishop MARN 1679414
Owner – Worldly Migration

Disclaimer: The views and opinions expressed in this article are those of the authors

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