NextSpring

Department of Home Affairs

Applies the rule

The department that decides visa applications under the Migration Act 1958 and the Migration Regulations 1994, and that publishes the figures the Regulations themselves no longer carry. Regulation 5.42A indexes the core skills, specialist skills and temporary skilled migration income thresholds on each 1 July and requires the Secretary to publish the replacement amount on the Department's website; the Regulations are not amended to show it. Its immi.homeaffairs.gov.au pages therefore hold the operative salary figures, the occupation lists, the visa application charges as charged, and the processing-time estimates.

The body that applies the rule and decides applications. It publishes what it requires, which is authoritative about its own practice but is not the text of the law.

immi.homeaffairs.gov.au

Cannot be cited for

It is the administrator's account of the law, not the law: where a page and the Regulations differ on anything other than an indexed amount, the Regulations govern. Pages are undated on their face, so there is no way to tell from one how long it has said what it says. It must not be cited for the text of any instrument, for anything decided by a State or Territory, or for the criteria of a visa subclass, which are in Schedule 2 to the Migration Regulations 1994 and are often narrower than the summary.

Re-check every

60 days

Publication rhythm

Salary thresholds change on 1 July each year. Occupation lists, charges and policy settings change without a fixed cadence and usually on the day a new instrument commences.

Re-check triggers

1 July of any year, when regulation 5.42A indexes the income thresholds · a new Core Skills Occupation List or other occupation instrument · an announced change to the Skills in Demand or Employer Nomination Scheme programme

Facts resting on this publisher · 1