Overview

The Migration Regulations 1994, as amended by the instrument F2011L01886, addresses the issue of designating specific areas in Australia where sponsors of skilled migrants must reside to be eligible for sponsoring applicants under the Skilled – Designated Area-sponsored and Skilled – Regional Sponsored visa subclasses. This was enacted to ensure that sponsored migrants live, work, and study in particular areas, thus aiming to balance regional development with migration patterns. The instrument was created under the authority provided by item 6701 of Schedule 6 of the Migration Regulations 1994. The policy objective is to facilitate sponsorship by Australian relatives in designated areas, thereby directing skilled migration to regions with specific needs. The instrument specifies these areas by state and territory and, where necessary, by postcode, aiming to streamline the process and ensure clarity for both sponsors and applicants.

Scope and Application

The Instrument made under item 6701 of Schedule 6 of the Migration Regulations 1994 defines the designated areas that are relevant for the Skilled – Designated Area-sponsored and Skilled – Regional Sponsored visa subclasses. This regulatory update applies to sponsors and applicants of these specific visa categories. The primary application of the Instrument is to clarify and specify the geographic areas, by state and territory, and where necessary by postcode, that qualify as designated areas. These areas must be where the sponsor has been resident for a minimum period of two years before sponsoring a visa applicant. The updated Instrument includes the entire state of Western Australia in the designated areas, replacing previously specified postcodes. This change ensures that the criteria for sponsorship are clearly defined and uniformly applied across the specified regions. The Instrument is intended to maintain a clear regulatory framework for visa sponsorship within the designated areas, ensuring that provisional visa holders comply with conditions to live, work, and study only within these areas.

Key Provisions

The key provisions of the Instrument specify what areas are designated for the purposes of skilled migration sponsorship under the Migration Regulations 1994 (subsection 6701(1)). These areas are outlined in the Schedule to the Instrument, which lists specific regions by state and territory, and where necessary, by postcode. The Instrument specifies that for the skilled-designated area and skilled-regional sponsored visa subclasses, an applicant can be sponsored by an Australian relative residing in a designated area (subsection 6701(2)). The purpose of this requirement is to ensure that provisional visa holders live, work, and study only in the designated areas (subsection 6701(3)). The updated Instrument now includes the entire state of Western Australia in the Schedule, replacing certain postcodes (subsection 6701(4)). The obligations imposed on parties by this Instrument include the requirement for sponsors to have resided in a designated area for at least two years before sponsorship, as specified in the Schedule (subsection 6701(1)). The visa applicants must also comply with the condition of living, working, and studying only in the designated areas if their provisional visa is granted based on sponsorship from a relative in these areas (subsection 6701(3)). The Instrument mandates that any changes to the designated areas are communicated and updated in the Schedule to ensure clarity and compliance (subsection 6701(4)). The Instrument does not explicitly outline offences or penalties for non-compliance with its provisions, but breaches of the sponsorship residency requirement or failure to comply with the designated area condition could lead to the cancellation of the visa or other immigration sanctions under the Migration Act 1958. Such actions are subject to the general provisions of the Act, which include administrative penalties, fines, and potential criminal charges for serious breaches. The penalties for breaching visa conditions can include fines of up to $27,500 and imprisonment for up to two years under the Migration Act 1958.