From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia.
The key changes that are expected to take place as part of the transition include:
Implementing a transparent and merit-based appointments process
Appointment of additional members to address existing backlogs
Implementing sustainable funding arrangements
Implementing a single and updated case management system to address risks
Introducing procedural efficiencies and process improvements
Implementing support services and emphasise early resolution where possible
These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.
Common questions and answers
What happens to my appeal with the AAT?
If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.
Do I need to submit a new appeal application with the ART?
No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.
Is the AAT still operating until 14 October 2024?
Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.
Are all decisions made by the AAT still valid?
Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.
We will provide further updates in relation to the expected changes as they are announced by the Australian government.
If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us.
The Skilled Independent 189 visa allocations have been nearly halved, from 30,375 in 2023-2024 to only 16,900 for 2024-2025. This significant reduction means that more people will be aiming for state-nominated 190 and 491 visas, making these allocations crucial.
The more state allocations there are, the better your chances of getting a visa.
Analysis and Patterns
The pattern is clear: states defined as regional have received the largest increases in allocations.
The overall strategy appears to focus on increasing the number of 190 PR visas for WA, SA, and NT, while NSW and Victoria saw most of their increases in the regional 491 visa, aimed at dispersing migrants outside Melbourne and Sydney.
Queensland's reduction in numbers was at the request of the QLD government.
It seems the Federal Government is worried about housing shortages and so is looking to give visas for regional areas.
The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.
1. Visa Fee Increases
From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.
New Student Visa Fees:
Main applicant: From $710 to $1,600
Additional applicants over 18 years old: From $530 to $1,190
Dependents under 18 years old: From $175 to $390.
This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.
Northern Territory: an increase from 650 places to 1,200.
Australian Capital Territory: an increase from 1,200 to 1,800 places.
NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.
3. TSMIT Increase for employer sponsored visas
The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $70,000 to $73,150.
The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or a 494 visa.
Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.
4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas
Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
During the 180 days, employees who are looking for a new employer, can work in any job for any employer.
Employers and the Skilling Australians Fund (SAF)
With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.
Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.
Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.
5. No Student Visas for Visitors and Graduates Visa Holders
From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders
Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)
Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
Subclass 771 (Transit)
Subclass 995 (Diplomatic Temporary) – primary visa holders only
6. Graduate Visa Age Limit
Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.
The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.
8. Visa Closures
The Skilled – Recognised Graduate 476 visa has permanently closed
Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.
UK Passport Holders
UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.
10. Health and Medical Changes
There have also been changes to the health and medical requirements including:
An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.
11. Workplace Justice Visa Stream of the 408
A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.
This was a summary of the main news in Australian immigration for the new financial year, July 2024. If you need assistance with applying for an Australian visa, please contact us.
As part of the Australian Government's Migration Strategy released in December 2023, there are significant changes to the 482 visa condition 8607 and the 494 visa condition 8608 from 1 July 2024. These changes are aimed at reducing the exploitation of immigrants in Australia and providing more flexibility for visa holders.
Summary of Changes:
Extended Period to Find a New Sponsor: Employer-sponsored visa holders will have 180 days to find a new sponsor if they quit or are fired (currently, it is only 60 days).
Maximum Total Period: A maximum of 365 days in total across the entire visa grant period.
Flexibility in Employment: During this period, visa holders are allowed to work for different employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves financially while searching for a new sponsor.
Obligations:
Notification Requirement: Sponsors must notify the Department if a visa holder ceases work within 28 days, whether the visa holder resigns or their employment is terminated.
Employment Restrictions: Unless exempt, visa holders cannot work for another employer unless they have ceased work with their sponsoring employer.
Nominated Occupation: Visa holders must remain in their nominated occupation while working for their existing sponsor.
Licensing and Registration: Visa holders must not do any work inconsistent with any licence or registration needed for their nominated occupation.
Affected Individuals:
The changes apply to existing 457, 482 and 494 visa holders as well as those granted a visa on or after 1 July 2024.
Pathway to Permanent Residency:
The 186 Temporary Residence Transition (TRT) stream has not been changed at this point, so most 482 visa holders are still required to work 2 years for their same sponsoring employer before they can be sponsored for the 186 TRT stream.
The government may change this later in the year, when they bring in the Skills in Demand visa, so that “Periods of employment with any approved employer will count towards permanent residence requirements.” (The Migration Strategy, page 48).
Reform of Skilling Australia Fund Needed:
The Migration Strategy report raised the possibility of changes to the Skilling Australia Fund (SAF). Currently, the SAF requires a large upfront payment for the original nomination for a temporary work visa:
For 482 visas: $1,200 per year for businesses with a turnover up to $10 million and $1,800 per year for businesses with a turnover over $10 million.
For 494 visas: $3,000 flat fee for businesses with a turnover up to $10 million and $5,000 per year for businesses with a turnover over $10 million.
The changes to conditions 8607 and 8608 provide significant flexibility for employees, making it urgent to reform the Skilling Australia Fund to ensure employers are willing to sponsor, even with the risk of employee turnover.
Do you need help with a 482 or a 494 Visa application?
As the end of the fiscal year approaches, many changes are being made to the Australian immigration system. Many of these changes stem from the Budget 2024-25.
We have already posted some videos about these changes, which you can find on our YouTube channel.
Today’s news includes an exciting 189 invitation round, restrictions on applying for student visas, skills assessment updates, and a new visa coming soon.
No Student Visas for Those with Tourist/Visitor or Graduate Visas
From 1 July 2024, visitor visa holders and temporary graduate visa holders will not be able to apply for student visas onshore. In the short term, this will lead to many graduate and visitor visa holders lodging applications before 30 June 2024.
In summary, from 1 July 2024, the following subclasses will not be able to apply for a student visa onshore:
Subclass 485 (Temporary Graduate)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)
This is in addition to the visas already listed which cannot make a valid student visa application, which are:
Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
Subclass 771 (Transit)
Subclass 995 (Diplomatic Temporary) – primary visa holders only
189 Invitation Round Released
A 189 Skilled Independent Visa invitation round has just happened On the 13th of June 2024! It includes invitations for a wide range of occupations with high points, many in the range of 85 to 100 points. The occupations include engineers, accountants, ICT professionals, and construction-related trades, such as carpenters and painters.
Before this round, the last few rounds only included invitations for health and teaching professions, which was discouraging for those in other occupations.
The June 2024 round is encouraging for many, as it opens up opportunities for a wide range of occupations.
State Nomination 190 and 491 Visas Updates
Only New South Wales (NSW) and the Australian Capital Territory (ACT) are still open. The other states are already closed and will reopen in the new financial year.
Increase in the TSMIT
From 1 July 2024, the TSMIT will increase from $70,000 to $73,150.
The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or 494 visa.
Any new nominations from this date will need to meet the new TSMIT of $73,150.
This change will not affect existing visa holders and nominations lodged before 1 July 2024.
Good News for People Seeking to Apply for the 482 Employer-Sponsored Visa
From November 2024, applicants will be able to apply for the 482 employer-sponsored visa after 1 year of experience. Currently, the applicant must have 2 years of full-time experience.
With the shortage of invitations in the points-based visas, this change for the employer-sponsored 482 visa will be welcomed by many students and 408 holders looking for their next visa.
Masters (research) and PhD graduates, as well as Hong Kong and British National Overseas passport holders, will still be eligible if they are under 50 years of age.
Any applications lodged on or after 1 July 2024 will be assessed under the new subclass 485 visa requirements, which include the reduction of the age limit to 35 and under.
There has been much media commentary in relation to Directions 99 and the decisions of the AAT.
This pertains to visa holders with character issues and some decisions by the AAT to reinstate visas for those with criminal convictions.
A new Direction 110 has been released, emphasizing the protection of the Australian community in visa decisions involving character issues.
ORANA DAMA Expanded
The variation of the Orana Designated Area Migration Agreement (DAMA) has been expanded to include an additional 41 local government areas across inland NSW.
This expansion grants a geographical boundary extension to include the RDA regions of Riverina, Murray, Southern Inland, and Central West.
The variation will support the development and growth of regional NSW, expanding to 129 occupations under the Orana DAMA, giving businesses across 53 local government areas in NSW access to a broader range of skilled workers.
The Skilled Migrant Job Connect Subsidy program is now available through the Migration WA Portal to help onshore migrants cover the costs of skills assessments, gap training, and occupational licensing by providing reimbursements of up to $7,500.
This support aims to assist migrants in gaining employment in Western Australia that aligns with their overseas qualifications, skills, and experience, thereby bolstering the state’s skilled workforce.
This new visa aims to attract exceptionally talented migrants to Australia, such as high-performing entrepreneurs, major investors, and global researchers. Streams of the National Innovation Visa could include:
VETASSESS reopened new applications for Chefs and Fitters, which they stopped last year.
In May, they also reopened to cooks, diesel motor mechanics, and motor mechanics.
Trades Recognition Australia (TRA) Updates
The requirement for mandatory skills assessment through the Offshore Skills Assessment Program (OSAP) has been removed for certain automotive trades from qualified applicants/countries of passport. Applicants can now have their skills assessed through the Migration Skills Assessment (MSA) program. This change provides a less expensive documentary evidence-only assessment option.
Do You Need Help with an Australian Visa Application?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application. Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.
In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.
The reforms are set to impact many people currently studying in Australia, prospective students, and the education sector, as the substantial reduction in age eligibility could make Australia less attractive for those seeking study opportunities and a pathway to Permanent Residency.
Changes to the 485 Temporary Graduate Visa are proposed to be implemented on the 1st of July 2024 and include:
Graduate Work stream
The Graduate Work stream will be renamed to the Post-Vocational Education Work stream.
Maximum eligible age will be reduced from under 50 to 35 years of age or under.
Applicants are allowed to remain for a maximum of 18 months.
Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
Hong Kong or British National Overseas passport holders may be able to stay for up to 5 years.
Applicants must hold an associate degree, diploma or trade qualification, closely related to their nominated occupation on the Medium and Long-term occupation list.
Applicants with a degree-level qualification or higher are no longer eligible for this stream and must apply through the Post-Higher Education Work stream instead.
Post-Study Work stream
The Post-Study Work stream will be renamed to the Post-Higher Education Work stream.
Maximum eligible age will be reduced from under 50 to 35 years of age or under.
Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
The 2-year extension for selected degrees will be discontinued.
Stay periods:
Bachelor degree (including honours) – up to 2 years
Masters (coursework and extended) – up to 2 years
Masters (research) and doctoral degree (PhD) – up to 3 years.
Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.
Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:
Bachelor degree (including honours) – up to 2 years
Bachelor degree (with first class honours in STEM, including ICT) – up to 3 years
Masters (coursework, extended and research) – up to 3 years
Doctoral degrees (PhD) – up to 4 years.
Second Post-Study Work stream
The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream, with no additional changes to the stream.
This visa is designed for individuals holding a Temporary Graduate visa (from the first Post-Study Work stream or Replacement stream) who earned their degree from an Australian institution in a regional area. It allows you to live, work, and study temporarily in Australia.
To apply for this visa you must:
Be under 50 years of age.
Currently hold a Temporary Graduate visa in the post-study work stream or have held one previously in the replacement stream.
Possess a degree from a CRICOS-registered course at an institution in an eligible designated regional area, which was the basis for the first Temporary Graduate visa.
Have lived in a designated regional area for a minimum of two years prior to applying.
Replacement stream
The Replacement stream will cease.
What can you do now?
With the changes, it seems there will be no transition provisions for those currently studying in Australia who are over 35 years old. Unfortunately, this is particularly concerning as many people over 35 are nearing the completion of their courses and will not be eligible to apply for the Temporary Graduate Visa after July 1st.
Applicants no longer eligible for the Post-Vocational Education Work stream or the Post-Higher Education Work stream due to the age reduction may still qualify for other visas, such as the Employer-sponsored 482 or 494 visas, the 407 Training Visa, or Skilled Visas 189, 190, and 491, among others.
If you are over 35, you might need to explore other potential visa options upon completing your studies. Please book an appointment with us; we are here to help.
Do you need help with an Australian visa application?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.
Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
Recent changes to Australia's student visa and graduate visa policies signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from March 23, 2024, these updates include an increase in the English language requirements and the introduction of the Genuine Student Requirement.
English Language Requirement
Student Visas:
The minimum test score for English proficiency will rise from an IELTS score of 5.5 to 6.0 (or equivalent). For PTE the minimum test score is now 50.
For those enrolling in ELICOS (English Language Intensive Courses for Overseas Students), the required score will increase from IELTS 4.5 to 5.0 (or equivalent). For PTE the minimum test score is now 36.
Graduate Visas:
IELTS:
The English requirements will go up from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening).
PTE:
An overall band score of at least 57; for the listening test component a score of at least 43; for the reading test a score of at least 48; for the speaking test component a score of at least 42; and the writing test component of the PTE — a score of at least 51.
Big Impact on the Graduate Visa:
The validity period for the English test has been reduced from three years to just one year prior to the application date, a change that may present challenges for many applicants.
The new Genuine Student Requirement
The Department of Home Affairs has recently updated its website to include crucial information on the Genuine Student (GS) requirement, set to take effect on March 23, 2024. This update aims to provide applicants and stakeholders with a comprehensive understanding of the GS criterion, including what evidence and information should be incorporated into the application. The GS is replacing the Genuine Temporary Entrant (GTE).
What is the Genuine Student Requirement?
The Genuine Student requirement is designed to assess an applicant's intention to genuinely pursue studies in Australia.
Key Factors in Assessing the Genuine Student Requirement
The assessment of whether an applicant meets the GS requirement will consider various factors, including:
Applicant's Circumstances: This can include the reasons for choosing a particular course, the relevance of the course to the applicant's past or proposed future employment in their home country or a third country, and the potential for the course to enhance the applicant's career prospects.
Immigration History: The Department will look into the applicant's previous travel to Australia and other countries, including compliance with visa conditions and the laws of those countries.
Compliance with Visa Conditions and Other Relevant Matters: Any previous history of visa compliance, as well as other matters deemed relevant by the Department, will be taken into account.
Plans to be a Skilled Migration Now Acceptable
The GS criterion also acknowledges that there are post-study pathways available for students who may be eligible, recognizing the potential for students to transition to other visa categories following their studies.
This is a welcome change from the previous GTE requirement, which required the applicant to make a statement about why they desperately wanted to leave after their studies.
Contact us if you need assistance with your Student or Graduate Visas. As soon as we have more updates about the Student and Graduate Visas, we will post them on our website and social media channels: TikTok, Facebook, and Instagram.
Do you need help with an Australian visa application?
Many individuals dream of becoming a Permanent Resident in Australia, the famous "Australian PR," which allows people to live and work in Australia, along with a host of other government benefits. Today, we'll explore the top ten benefits that come with holding permanent residency (PR) in Australia.
1. Access to Medicare:
Enjoy the peace of mind that comes with having access to Australia's universal healthcare services, Medicare. Receive medical services from doctors, specialists, public hospitals, and other healthcare benefits with professionals either for free or at a lower cost.
In 2022, Australia had the third highest monthly average pay in the world of US$ 4218 per month.
There are some exceptions to what jobs you can get. For example, specific organizations such as the Australian Public Service or Defence Forces may need you to be an Australian citizen for you to work for them.
3. Cheaper Higher Education:
Permanent residents have access to domestic fees, cheaper than international students.
4. Childcare and Education Subsidies:
PR holders can be eligible for childcare subsidies. The Australian Government pays subsidies directly to your childcare provider to reduce the fees you pay for childcare.
Permanent residents also have access to government schools where children can get free education up to the 12th grade. There are some limited admin fees associated with public schools.
5. Social Security Benefits and Centrelink:
Permanent residents of at least two years will in some circumstances be eligible for Centrelink. Centrelink offers social welfare and may be available to you with aid in relation to sickness, unemployment, and study, with potential extensions to family members.
This contrasts with temporary visa holders who have to get Foreign Investment Review Board approval or FIRB approval and pay a large fee to be able to buy property in Australia.
7. Live and Work in New Zealand:
With Australian permanent residency, you can live, work, and visit New Zealand. You can also buy a house in New Zealand while an Australian permanent resident.
8. Sponsor Family Members:
As a permanent visa holder, you may be able to sponsor your family members such as sisters, brothers, parents-in-law, and others for certain types of visas. Usually short-term visas like visitor visas.
9. Pathway to Australian Citizenship:
To apply for Australian citizenship normally you need to have been a permanent resident for at least one year and to have lived in Australia for at least four years before applying. As an Australian citizen, you're able to do several things, including voting in elections, having an Australian Passport, getting certain jobs, and serving in the defence force.
Children born to permanent residents in Australia are automatically granted citizenship.
10. Live in Australia and have the Freedom to Travel Overseas:
The grant of permanent residency means you will have a permanent visa and can live in Australia permanently without a time limit while you're in Australia.
You will have an initial 5-year grant period travel facility. If you meet the residency requirements, then you can extend the ability to travel through applying for another visa called a ‘Resident Return Visa’ to re-enter Australia. Some people keep renewing their PR and extending their unrestricted travel for the rest of their lives.
Becoming an Australian permanent resident opens a world of opportunities and benefits, providing security, access to essential services, and the chance to build a prosperous future for you and your family.
The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.
Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.
Invitation Rounds 2023
May
Skilled Independent visa (subclass 189)
7,353
Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored
74
December
Skilled Independent visa (subclass 189)
8,300
Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored
79
State Nominations for the 190 and 491 visas
State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.
Labor Market Testing for TSS482
Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.
Changes in Priority Processing
Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.
Working Holiday Maker Updates
Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.
While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.
How can Work Visa Lawyers help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
The Australian government announced the new Migration Strategy, bringing about significant changes across various visa programs, including student visas, graduate visas, employee-sponsored visas, Business and Investor visas, and Global Talent visas. These are reforms, so not everything is going to be positive for you. We will give you a realistic summary to help you plan your life. The housing crisis has cast a massive shadow and has a lot to do with these cuts.
The government aims to bring migration numbers back to sustainable levels. The forecast for 2023-24 is 375,000, reflecting a reduction of 65,000 compared to the previous year.
Student Visas:
The migration strategy has many suggestions for international students. The changes for students include:
Increased funding for visa integrity
Introducing a Genuine Student Test to replace Genuine temporary entrant (GTE)
Preventing course swapping
Scrutinise lower-quality education providers
Reducing the types of courses eligible for student visas with a focus on retaining tertiary university courses
Increasing minimum English language requirements in early 2024
The test score required for a student visa will increase from IELTS (or equivalent) 5.5 to 6.0.
The test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0.
The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5.
Temporary Graduate Visas:
One of the significant changes in the Migration Strategy that will affect many people is related to the Graduate Visa. The modifications include:
Reducing the age eligibility from 50 to 35 years of age
Reducing the length of stay
Preventing graduates from moving back to student Visas
Increasing the English language proficiency requirements - The test score required for a Temporary Graduate visa will increase from an IELTS score (or equivalent) of 6.0 to 6.5
The extension of post-study work rights will no longer be available. Only applicants who studied in a regional area will be eligible for an extension
Graduate Visa streams will be re-named as ‘Post-higher Education Work’ and ‘Post-Vocational Education Work’ streams to be more descriptive for the relevant applicants
The ‘Replacement Stream’ of the Graduate Visa and the subclass 476 visa will be abolished
The processing times for the ‘Post-Higher Education Work Stream’ will be backed by a 21-day service standard
The work experience requirement for a Temporary Skills Shortage visa will be changed to give Graduate Visa holders more opportunities to move on to a skilled visa and have faster pathways to permanent residency
General Skilled Migration (GSM) Visas and Points System:
There is discussion about a new points system, but no decisions yet.
This is quite frustrating for many students and temporary visa holders currently in the system. We will provide updates when we have any more news about the GSM Visas.
Specialist Skills: This pathway recognises highly skilled migrants are hugely beneficial to Australia’s national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. The Specialist Skills Pathway will be available to applicants who meet the general eligibility criteria (for example, be nominated by an
approved employer, meet the health and character requirements) and who are:
in any occupation except trades workers, machinery operators and drivers, and labourers
earning at least $135,000 (the Specialist Skills Threshold)
Core Skills: Most temporary skilled migrants will come through the Core Skills Pathway, which is designed to bring in the skilled employees Australia needs now and, in the future, to ensure that we can provide ourselves with the goods and services we need to support our way of life. The Core Skills Pathway would be available, for example, Registered Nurses, and will include trades workers, machinery operators, and drivers. The general eligibility criteria are:
Individuals with the occupation on the new Core Skills Occupation List
Individuals with a salary at or above the TSMIT
Essential Skills: A pathway for lower-paid workers with essential skills. The Government is primarily considering the pathway in the context of the care and support economy, which has become essential to the quality of life of Australians.
The distinction between the Core Skills Pathway and Essential Skills Pathway could be defined by occupation and pay. For example, in the care and support economy, Aged and Disabled Carers would have access via the Essential Skills Pathway, but most Registered Nurses or Allied Health Professionals would have access via the Core Skills Pathway. Both pathways, however, will be regulated to ensure that Australia is receiving the skilled workers it needs and that the employees concerned are protected from exploitation.
Employee Mobility:
The ability for temporary workers to move between employers, to remove employer exploitation. If the employment relationship with a sponsor ceases, visa holders will have 180 days to find another sponsor and can work during this period (currently the period is 60 days). Another change is about Trailing employer fees The Government will explore a model for employers to pay trailing charges and fees (e.g. monthly or quarterly) to make hiring a new migrant less onerous.
LMT Reform:
Reform in Labor Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) 482 visa, reducing the advertising requirements from three to two ads and removing Workforce Australia.
Priority for Regional Areas:
The government will collaborate closely with states and territories to enhance the precision in addressing regional population requirements. They will prioritize visas sponsored by employers in rural and regional Australia to enhance migrant pathways beyond cities.
They will review the regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to the exploitation of migrant workers.
Global Talent Visa:
The Global Talent program will focus on a select number of migrants in priority sectors who can make significant contributions to Australia.
With the new Specialist Skills Pathway, which will open new and streamlined pathways for highly skilled migrants, the Global Talent visa will be more sharply to a relatively small number of migrants who can make outsized contributions to the country.
Business and Investor Visas:
Potential closure of the Business Owner pathway, while the Significant Investor Visa program may continue with fine-tuning of investment options.
What will happen next?
The impact of these reforms will affect various sectors, including education, tourism, and hospitality. We are expecting reactions from some of these sectors.
The Home Affairs website publishes an Action Plan with a timeline for existing and new commitments. You can have a look at the full Action Plan to have an idea about when the changes will happen and plan your future in Australia.
All these reforms are new, and we are also awaiting more information. We will keep you updated as soon as we have any news. Follow us on our social media channels to stay informed with the latest updates.
How can Work Visa Lawyers help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
