Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

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.

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

• Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
• South Australia: there is an additional 1,900 visas.
• Tasmania and Western Australia: each state will receive an additional 1,500 visas.
• Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
• 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

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

• 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.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

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
• The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

You can read more about the National Innovation Visa here.

9. Work and Holiday Visa Updates

Philippines Passport Holders

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.

You can book an appointment online or call us at (+61) 8 8351 9956.

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.

Book an Appointment

Sources: 

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need

We understand that having a visa refusal can be disappointing and you can feel quite stressed and unsure of what to do. 

In this blog, we explain the appeal process and what you can do if your visa has been refused by the Department of Home Affairs.

Generally, you have the option to appeal the decision through a merits review or judicial review. The process for appealing a visa refusal can vary depending on the type of visa you applied for, and the specific circumstances of your case.

Merits Review

Basically, merits review is a process that allows a decision maker to ‘step into the shoes’ of the original decision maker for example the delegate at the Department and make a fresh decision based on the evidence before it. In Australia, this is usually undertaken by a body known as the Administrative Appeals Tribunal (or the AAT). 

Appealing the decision at the AAT

The refusal letter will state whether you can appeal the decision at the AAT. If you have this option, you must make sure to lodge your appeal within the time frame that is provided in your refusal letter. The easiest way to lodge your appeal is online through the AAT’s website. 

Once you lodge an appeal at the AAT, your bridging visa will continue until you get a decision on your appeal. 

Attending a Hearing 

The AAT will then review your appeal application. Due to a large number of applications, it usually takes a long time before you are invited for a hearing. At the hearing, you can present your case and any evidence to support your appeal. The AAT will then usually make a decision to affirm the Department’s decision to refuse your visa or remit the decision back to the Department for reconsideration.

We would recommend getting legal assistance from an Australian Migration Lawyer to avoid any issues with your appeal and put your best case forward, especially when preparing for your hearing. 

Book an Appointment

Judicial Review

In cases where you don’t have a merits review option, you may be able to appeal the refusal decision in court.

Unlike merits review, judicial review does not involve considering the merits of the case or deciding what the right decision was. Instead, it looks at the process through which a decision was made and determine if it was made in accordance with the law. 

Another thing to keep in mind is that unlike an appeal to the AAT, your bridging visa does not automatically continue when you apply for judicial review. You will need to lodge a bridging visa application before your current visa expires. We’re here to help if you need any assistance with this.

Appealing the decision in court 

To be able to appeal the decision in court, you need to have grounds to seek judicial review for example there was a legal error in the decision-making process, such as a breach of procedural fairness or an incorrect interpretation of the law. You may need to get a Barrister to look at your case and assess if there are any grounds for judicial review. 

Filing an appeal application 

To begin an appeal at court, you will need to file an application with the Federal Circuit and Family Court of Australia and within the specified time, which is generally 35 days from the date of the refusal.

After this you will need to follow the court procedures by serving the documents to the other party within the specified time, and then go through the court proceedings by attending a hearing and waiting for the court’s decision. This process can be very long, and it can take several years before you have a hearing. 

It's important that you comply with all the requirements and deadlines for filing a court application and serving the documents as required by the court. 

It can be helpful to get legal advice from a migration lawyer to help you navigate your appeal process because I understand it can be very confusing and there are strict time frames you have to work with. 

Do you need help with your refused visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your appeal application. 

If you have a Student Visa refusal, a Partner Visa refusal, a 482 Employer-sponsor Visa refusal, a 407 Training Visa refusal, a Graduate Visa refusal, a 491 Visa refusal, a 190 Visa refusal or any other visa refusal, we can assist you. 

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.

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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.

We have a blog with some tips on how to find a sponsor. Click here to read.

Graduate Visa Changes

From 1 July, the maximum eligible age to apply for the 485 Graduate Visa will be reduced to 35 years or under at the time of application.

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.

If you need to apply for a 485 Graduate Visa, please contact us.

Ministerial Direction

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.

Click here to check the ORANA DAMA Occupation List.

Western Australia Subsidy Up to $7,500

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.

You can find the requirements here.

End of the Global Talent Visa and the Business Visa

The Australian Government announced that it will close the Global Talent Visa and the Business Innovation and Investment Program (BIIP) in 2024 and replace them with the new National Innovation Visa.

What is the National Innovation Visa?

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:

• High-performing entrepreneurs
• Major investors
• Global researchers

Here you can find more information about the National Innovation Visa Australia.

Skills Assessments Updates

VETASSESS

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.

Sources:

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://migration.wa.gov.au/news/skilled-migrant-job-connect-subsidy-program-now-available-migration-wa-portal

https://www.rdaorana.org.au/migration/dama

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://www.vetassess.com.au/news/reopening-new-applications-for-chef-and-fitter-general-occupations

https://www.vetassess.com.au/news/reopening-new-applications-for-cook-diesel-motor-mechanic-and-motor-mechanic-general

https://www.tradesrecognitionaustralia.gov.au/news/requirements-applicants-selected-automotive-trades-now-have-option-be-assessed-through

With the end of the Covid 408 Visa and changes to the 485 Graduate Visa, including the reduction of the age limit from 50 to 35, we are receiving many questions about what other temporary visa options are available.

One of the alternatives is the 407 Training Visa.

What is the 407 Training Visa?

The 407 Training Visa allows you to take part in workplace-based occupational training activities to improve your skills for your job, area of tertiary study, field of expertise or in a professional development training program in Australia.

This visa can be granted for up to 2 years, allowing you to work and live in Australia.

Visa Eligibility

• Applicants must be sponsored by an eligible employer in Australia, and they must be nominated to enter a specific training program.
• The applicant needs to demonstrate that they have functional English (IELTS: An average band score of at least 4.5 based on the 4 test components / PTE: A total band score of at least 30 based on the 4 test components). 
• Must meet health and character requirements.
• The occupation for training must be on the 407 list.

Application Process

The process involves finding an eligible sponsor who will nominate you for a specific training program. Once nominated, the applicant can then apply for the visa.

Sponsorship and Nomination

The visa requires sponsorship by an organization or government and a formal nomination of the specific training program to be undertaken.

This visa provides an excellent opportunity for professional development.

Types of Training

There are three types of training that can be approved under this visa:

• Workplace-based training required for registration: This type is suitable for those who need to complete a period of practical training, a requirement to obtain a license or professional registration for employment in their occupation in Australia or their home country.
• Structured workplace-based training to enhance skills in an eligible occupation: This is for people who need to enhance their skills in their current occupation, area of tertiary study, or field of expertise.
• Training that promotes capacity building overseas: Including overseas students sponsored by the government, employees nominated by their employer for training, and training in Australia as part of a government-to-government agreement.

Key Requirements

• The applicant must need training. 
• The applicant must be a recent graduate or early in their career or need a workplace placement.
• A detailed training plan is required from the sponsor.  The plan must identify the training needs and how they will be met.
• Training visas are generally not suitable for people with, for example, 10 years of experience who want to work.

Why Choose the 407 Training visa?

• One of the most attracting aspects of the 407 Training Visa is that there is no Skilling Australia Fund payment required. 
• Experience requirements are often less compared to the Employer-sponsored 482 Visa and vary according to the stream.

If you already have a sponsor and want to find out if you are eligible to apply for a 407 visa, please book an appointment. We will be happy to assist you with your visa application.

Do you need help with a 407 Training Visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist 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.

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

Federal Register of Legislation - Migration (LIN 19/050: Specification of Occupations—Subclass 407 Visa) Instrument 2019

In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.

The main change will be the reduction of the maximum eligible age from under 50 to 35 years or under, proposed to be implemented on July 1, 2024.

These 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.

So, if you are 36 years old or over and can’t qualify for a 485 Graduate Visa, here are 5 visa options you may be eligible to apply for:

1. Skilled Nominated Visas (190 or 491)

Use your existing experience and qualifications to get a positive skills assessment and apply for the Skilled Nominated Visas 190 or 491.

Minimum requirements for the Skilled Nominated 190 Visa:

• Have an occupation on the relevant skilled list
• Have a positive skills assessment
• Be invited to apply for this visa
• Satisfy the points test (65 points or more)
• Be under 45 years old
• Have at least competent English

Minimum requirements for the 491 Skilled Work Regional Visa:

• Be nominated to apply by a state or territory
• Have an occupation on a relevant skilled occupation list
• Have a positive skills assessment
• Be invited to apply
• Be under 45 years old
• Satisfy the points test (65 points or more)
• Have at least competent English

2. Employer-Sponsored Work Visa (Subclass 482)

If you have two years of full-time experience (down to one year from November 2024), find an employer and apply for a 482 Employer-Sponsored Work Visa.

Minimum requirements for the Temporary Skill Shortage 482 Visa:

• Be nominated for a skilled position by an approved sponsor
• Have the right skills to do the job
• Have at least 2 years of relevant work experience as above in your nominated occupation or a related field
• No age requirement for this visa
• English requirements: Short-term stream - Overall band score of at least 5.0 with a score of at least 4.5 in each component. Medium-term stream - Overall band score of at least 5.0 with a score of at least 5 in each component

3. Training Visa (Subclass 407)

If you do not have post-qualification experience, then apply for a 407 Training Visa for two years to gain professional development.

Minimum requirements for the 407 Training Visa:

• Must be sponsored by an eligible employer in Australia
• Must be nominated to enter a specific training program
• Must have functional English
• No age requirement for this visa

4. Partner Visa

If you have an Australian partner.

Minimum requirements for the Partner Visa:

• Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
• Must be 18 or older

5. Another Australian Student Visa (Subclass 500) 

If you can find a suitable course to undertake.

Minimum requirements for a Student Visa:

• Be a genuine student
• Be enrolled in a course of study in Australia
• Hold Overseas Student Health Cover (OSHC)

If you want to know if you are eligible to apply for one of these visas, please book an appointment here. We will be happy to assist you.

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.

The Australian government has announced significant revisions to its migration strategy, notably adjusting the Temporary Graduate Visa (subclass 485). A key alteration is the reduction of the age limit for applicants from 50 to 35 years or under, which will have implications for many international students and educational institutions.

Setting an age limit of 35 or under for graduate visas in Australia is likely to substantially affect international postgraduate students and the research capabilities of universities.

The government is planning to introduce the changes from the first of July 2024, as you can read here.  

This article will discuss all the implications of age reduction, particularly for the postgraduate research sector, which includes international students studying for a Master’s degree by research or a Doctoral degree in Australia.

FOI Results Show Numerous PhD and Master by Research Students Will Be Impacted

Work Visa Lawyers obtained information from a Freedom of Information (FOI) request released on February 24, 2024, which provided insights on the number of international students who may be affected.

Click here to check the FOI and the number of postgraduate research in Australia.

The introduction of a 35-year age limit presents a significant challenge, particularly for PhD candidates, who may surpass this age during their studies. Therefore, being under 31 before starting a PhD becomes crucial.

As of January 31, 2024, Australia hosted 17,574 postgraduate research visa holders, including PhD and Masters by research students. Among them, 45.87% were under 30, 31.93% were aged 30 to 34, and 22.20% were over 35. This suggests up to 50% of current postgraduate research students might be ineligible for a graduate visa upon completing their studies if the age limit is lowered from 50 to 35 or under for all students since many students from 30 to 35 years old will finish their studies over 35 years old.

Masters and PhD Graduates Make Excellent Skilled Migrants

Eligibility for the 485 provides international students the time needed to line up employment and do skills assessments so as the possibility to apply for Australian PR. Without the possibility of a graduate visa many potential students that are over the age of 35 will choose not to study in Australia. This mainly means that Australia misses out on many post graduate students.

Masters and PhD students are more likely to obtain employment and secure better jobs, as seen on page 9 of the "Review of the Points Test Discussion Paper" released in April 2024. The review states:

"Education is strongly associated with positive employment outcomes for migrants. PhD graduates are more likely to be employed than Bachelor graduates, who in turn are more likely to be employed than Vocational Education and Training (VET) graduates. Education is also strongly correlated with incomes — migrants with a PhD earn 20 percent more over 10 years than migrants with a Bachelor degree. Education also has a stronger impact on successful labor market outcomes after five years than on immediate outcomes, reflecting that education enables migrants to adapt to a changing labor market.”

The Review also says: “Migrants with higher levels of education also contribute to a more dynamic economy, and improve the wages of local workers. A focus on education, along with English language skills, means migrants are less likely to be exploited, with modelling by the Grattan Institute showing that workers who are more educated are less likely to be paid below the minimum wage.”

In conclusion, the review says: “All these considerations are not fully reflected in the points test, with a PhD only earning 20 points, whereas a Bachelor degree earns 15, and a trade qualification 10. This does not reflect the degree of difference in outcomes, as the gap can easily be bridged by undertaking a professional year or returning to study in a regional area, which are worth 5 points each."

You can read the Review of the Points Test Discussion Paper here.

This implies that individuals with higher educational levels, such as PhD holders, are more likely to find better-paying jobs and will earn more points on the Points Test. Therefore, excluding individuals aged 36 and over from applying for the Graduate Visa will decrease the number of highly qualified and skilled individuals that Australia seeks.

It is concerning that the skills points review recommends more postgraduate migrants while the visa criteria is discriminating against or selecting against postgraduate students.

Effects on the Australian Research Community and Labor Market

The new age restriction is expected to saturate the student visa/graduate market with recent graduates from vocational and bachelor's programs who may lack experience and may find it challenging to secure employment in their field of study.

From my years of experience as an Immigration lawyer I have observed the most favourable employment outcomes come from Master's graduates with approximately 5 years of experience from their home country before pursuing Master's degrees in Australia. This demographic might now be discouraged from studying in Australia due to the new policy.

The average age of individuals entering PhD programs in Australia is 34, highlighting the significant role of mature students in the academic research environment. These students often contribute diverse life experiences and perspectives that enhance research and academic discourse.

Regarding international PhD students in Australia, data indicates a concentration in the early 30s age range, with about 40.9% of foreign PhD graduates remaining in Australia. This underscores their substantial contribution to the Australian research community and labor market.

Should Australia Exclude Mature Students from the Graduate Visa Program?

An age limit of under 35 for obtaining a graduate visa could potentially exclude a considerable portion of these mature students. This could have several implications:

1.         Research Diversity and Quality: Mature students, including those over 35, often have substantial professional and life experiences that can contribute to the depth, diversity, and innovation in research. Limiting this group might reduce the richness of academic inquiry and debate within universities.

2.         International Collaboration: International students, particularly those pursuing PhDs, play a vital role in the global academic community, fostering international collaboration and cultural exchange. Restricting age could deter these valuable contributors from choosing Australia as their destination, thereby impacting the international ties and networks that Australian universities benefit from.

3.         Labor Market and Skill Development: PhD graduates contribute significantly to the high-skill labor market. An age restriction might not only affect the availability of skilled professionals in certain research fields but also limit the opportunities for mature students to further their careers and personal development through advanced research opportunities.

The proposed age limit could also deter international students, especially Ph.D. candidates, from choosing Australia as their destination, impacting the international networks and collaborations that benefit Australian universities.

Furthermore, Ph.D. graduates significantly contribute to the high-skill labor market, and an age restriction might limit the availability of skilled professionals in certain fields, as well as mature students' opportunities for career and personal development through advanced research opportunities.

An Age Policy Solution to Encourage International Post-graduates

A strategic age limit for Graduate Visas could be implementing a tiered age limit, such as 36 for Vocational and Bachelor degrees, 40 for Masters, and 45 for PhDs. This approach could maintain the engagement of international students in post-graduate research, while still advancing the government's migration policy goals of limiting older skilled migrants.

Further, there should be a transitional period to allow for those who began study in Australia before the 1st of July 2024 to qualify for the graduate visa up to the age of 45. Those that start to study after the 1sf of July 2024 will know that there are new predictions in age limit and so will be able to make a decision based on that acknowledgment rather than having the rough pull down from them once they need the end of the course.

Conclusion:

The recent changes to Australia's Graduate Visa, specifically the reduction of the age limit to 35 years and under, present significant challenges for international postgraduate students, particularly those pursuing research-intensive degrees like PhDs. These changes impact not only the individuals directly affected—older students who bring a wealth of experience and depth to their fields of study—but also the broader academic and research communities in Australia.

Considering the substantial contributions of mature international students to the academic and labor markets, it would be beneficial for the Australian government to reconsider the age restrictions as suggested above.

Sources:

https://www.workvisalawyers.com.au/images/Number_of_student_visa_holders_in_Australia_February_2024.pdf

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://thesiswhisperer.com/2019/10/02/starting-a-phd-at-58-years-old/

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf

As the end of the financial year approaches, many changes are being made to the Australian immigration system. In this article, we will go through some of those changes.

128 New Occupations Added to the SA DAMA

The South Australian regional DAMA and the Adelaide City DAMA have both been extended and expanded.

The SA regional DAMA now includes 128 new occupations across various sectors, including construction, trade, agribusiness, ICT, health, education, and renewable energy.

Some occupations added are registered nurse in child and family health, registered nurse in disability and rehabilitation, winery worker (beneficial for South Australia's Barossa and Clare Valley), sheep farm worker, truck driver, bricklayer, and floor finisher. Truck driver is particularly notable as it was previously a restricted occupation but is now available for the entire state.

Do you want to know more about the new occupations on the SA DAMA? Click here to read the full article.

Student Visa News

Increase in Financial Capacity:

From 10 May 2024, the financial requirement for Student visa applicants will increase from AUD 24,505 to AUD 29,710.

For a spouse or de facto partner of the Student primary applicant, it will increase from AUD 8,574 to AUD 10,394.

For a dependent child, it will increase from AUD 3,670 to AUD 4,449.

The last increase happened in October 2023, and this new increase was not expected for this financial year.

Recent changes to Australian student visa and graduate visa programs signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from 23 March 2024, these updates include increased English language requirements and the introduction of the genuine student requirement.

TOEFL iBT is now accepted for all Australian visas

TOEFL iBT tests taken from 5 May 2024 are valid for Australian visas and migration purposes. The test must be taken at a secure test center, as the department does not currently accept online English tests.

End of the 476 Visa

As widely expected, the skilled recognized graduate 476 visa will permanently close from 1 July 2024. This is disappointing for many, but it was expected.

Graduate Visa Changes

The main change will be the reduction of the maximum eligible age from under 50 to 35 years and under, proposed to be implemented from 1 July 2024.

Exceptions include Hong Kong and British overseas national passport holders, who will be eligible up to the age of 50.

Other changes for the graduate visa include increasing the minimum English requirement and reducing the validity period for English tests from three years to just one year prior to the application date.

This means applicants may need to check and complete their English tests before applying.

Click here to read more about the Graduate Visa changes.

Skilled Points Review Paper

The Australian Government published a paper discussing potential changes to the points test for the 189, 190, and 491 visas.

The review may alter the available points by removing and reducing factors and adding new ones.

Expected changes include reducing or removing points for regional study and NAATI-approved language.

Points for partners may increase, age points might be allocated on a gradual scale, and English points might also follow a more gradual scale.

New Core Skills Occupation List

Jobs and Skills Australia has opened a consultation about the Core Skills Occupation list.

This list will be for the Core Skills visa, designed to replace the 482 employer-sponsored visa with similar requirements.

The consultation categorizes occupations into three groups:

1. Confident On List – Occupations that Jobs and Skills Australia is certain should remain on the list.

Occupations such as Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on the Confident On List.

2. Confident Off List – Occupations recommended for removal based on current labor market insights.

Occupations such as Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the Confident Off List.

3. Targeted for Consultation – Occupations that require further input from stakeholders to determine their necessity and priority.

Occupations such as Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on the Targeted for Consultation List.

Will your occupation be on the new Core Skills Occupation List? Full article here.

VETASSESS Skills Assessment

VETASSESS is accepting new applications again for cook, diesel motor mechanic, and motor mechanic.

Some other trade occupations paused in 2023 are not yet accepted by VETASSESS.

State Nominated 190 and 491 Visas

Victoria, Western Australia, Queensland, and the Northern Territory have already closed for expressions of interest. Other states and territories may close soon.

This was a summary of the main news in Australian immigration at the start of May 2024. If you need advice on your specific situation, please book an appointment.

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.

Sources:

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://www.migration.sa.gov.au/occupation-lists/dama-occupation-list

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf

https://www.vetassess.com.au/news/reopening-new-applications-for-cook-diesel-motor-mechanic-and-motor-mechanic-general

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 1^st 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.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

What are the 5 best courses to study in Australia in 2024 to obtain Permanent Residency?

Australia is home to 43 universities, some of which are among the world's top 100. Australia is a safe and welcoming country attracting many students who want to settle in Australia and obtain Australian Permanent Residency. So, let's get started!

After completing their studies, there are two main visa paths students can follow to obtain PR:

• Skilled Visa (Subclass 189, 190 and 491)
• Employer-Sponsored 482 and 494 Visas
• DAMAs

The courses we are mentioning have strong options in both paths. If you are interested, please book an appointment here.

Number 5: SOCIAL WORK OR COMMUNITY SERVICES

Social work is becoming increasingly popular for securing permanent residency in Australia.

• A bachelor’s degree in Social Work is usually a 3-year degree with a tuition fee of roughly AUD 18,000 per year.
• Ensure the degree you enrol in is accredited by the Australian Community Workers Association (ACWA).
• Social Work is on the medium-term list and can lead to a Skilled Independent visa or 190 or 491. Employer sponsorship is also an option.
• Under a Ministerial Direction, Social Work currently receives priority processing.
• Skills assessment: The Australian Association of Social Workers (AASW).

Number 4: CARPENTER

With a shortage of houses in Australia, the Government is encouraging the construction of more houses. Carpenters are in high demand in terms of employability:

• Diploma-level qualifications related to Carpentry is a two-year course with a tuition fee of approximately AUD 10,000 per year.
• This is a very good option if you are looking for a trade course that may lead to PR.
• Trade occupations must complete a job-ready program to get a positive skill assessment from TRA with a minimum of 12 months of full-time work experience or equivalent.
• Be aware that graduates of trade courses can only obtain an 18-24 month temporary graduate visa 485.
• Skills assessment: Trades Recognition Australia (TRA).

Here are some common types of carpenters in Australia:

• Joiner carpenter
• Framework carpenter
• Formwork carpenter
• Green carpenter

Number 3: CIVIL CONSTRUCTION DESIGN

• Advanced Diploma in Civil Construction Design is a two-year course with a tuition fee of roughly AUD 12,000 per year.
• One of the advantages of the course is that you can get a skills assessment done by Engineers Australia without any work experience and apply for a 485 Graduate Visa, and then further for any of the GSM visas.
• The occupation related to this course is on the medium- and long-term skills list, which means that this occupation is eligible for all three GSM visas, including 189, 190, and 491.

After obtaining this qualification, potential job roles may include:

• Civil Engineering Technician
• Civil Engineering Design Draftsperson
• Civil Engineering Draftsperson
• Senior civil construction designer
• Structural Engineering Drafting officer
• Road Design Draftsperson

Number 2: TEACHER

 A Bachelor of Teaching is a 4-year degree with a tuition fee of approximately AUD 18,000 per year.

• For those with a relevant degree, a Master of Teaching is a two-year course.
• Teachers are on the medium-term list with several PR application options, and they are also a high priority in processing, similar to Registered nurses.
• Different universities have different admission criteria, so be sure to check with us if you are interested in this course.
• Under a Ministerial Direction, Teaching currently receives priority processing.

Skills assessment: Australian Institute for Teaching and School Leadership (AITSL).

To work as a teacher, you will need to register as a teacher after completing your course.

In-demand teachers in Australia include:

• Early Childhood (Pre-primary School) Teacher
• Middle School Teacher
• Primary School Teacher
• Secondary School Teacher
• University lecturer
• Special Education Teachers

Number 1: REGISTERED NURSES

Registered Nurses have the highest priority in processing.

• Registered nurses are on the medium-term list with several PR application options such as Skilled Visa (Subclass 189, 190, and 491), Employer-Sponsored Visa, and DAMAs.
• A Bachelor of Nursing is a 3-year degree with a tuition fee of roughly AUD 30,000 per year.
• One of the basic requirements for enrolment in this course is an English test result equivalent to IELTS 7 bands in each module.
• Skills assessment: Australian Nursing & Midwifery Accreditation Council (ANMAC).

As a Registered Nurse, you may choose from various specialties, including:

• Aged Care
• Mental Health
• Critical Care and Emergency
• Medical
• Perioperative
• Midwife

GUIDE TO OBTAINING PR AS A REGISTERED NURSE IN AUSTRALIA

Many more course options can provide you with a pathway to permanent residency. Please contact us if you are looking for something that suits your career needs.

In December 2023, the Australian Government introduced in the Migration Strategy the Skills in Demand Visa with three pathways: Specialist Skills, Core Skills, and Essential Skills. The new Skills in Demand visa will replace the Temporary Skills Shortage 482 Visa and provide more flexibility to workers and employers. The Skills in Demand Visa are set to be implemented in late 2024.

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.

Changing courses can be a strategic move if your goal is to obtain permanent residency (PR) in Australia. The Department of Home Affairs (DoHA) offers a range of immigration or visa options pathways, where certain courses or credentials might carry greater weight and enhance your chances of PR eligibility for international students. 

If you are a student visa holder and you are deciding to switch courses, it's vital to ensure ongoing compliance with the course and visa requirements. Otherwise, your visa may be cancelled.

You need to understand your situation and decide whether you are planning to change the course provider as well or not.

Furthermore, in selected circumstances, it is mandatory to apply for a new student visa (subclass 500).

You would require a new Confirmation of Enrollment (CoE) and/or may require a new student visa, If:

• You are changing the course but staying with the same education provider (e.g. Australian University, School, or College) then you may go ahead (subject to education providers criteria) and do it unless you fall into scenario 1*.
• You are changing the institution as well as the course, then you must have completed at least 6 months with your current education provider. Otherwise, you require a new student visa, refer to scenario 2**.
• The 6-month period is referred to as the principal course of study, also known as the main course of study, which is associated with the initial Student Visa. If the student is enrolled in a package of courses, the principal course is the highest-level course within the package. Refer to Scenario 3***.
• If you are contemplating transferring to a new education provider, it's important that your current education provider assesses or considers your transfer request. Prior to attempting to enroll with a new education provider, ensure you understand your current education provider's transfer policy and the obligations outlined in your written agreement.
• If you are currently enrolled in a non-AQF (Australian Qualifications Framework) course and wish to transfer to an AQF course, there is no requirement to apply for a new student visa, as long you hold a current valid student visa, however, you would require a new CoE. 

Because of the recent changes, concurrent enrollments are now prohibited for international students in the first six months of study. This means that during the initial six-month period, you can only enroll in one course.

*Scenario 1: If you are planning to change from your current course to one of a lower Australian Qualification Framework (AQF) level or a non-AQF level of study, then you must apply for a new student visa.

**Scenario 2: If you are changing both the course and the provider and will not study at the same or higher AQF level or changing from an AQF level 10 course (doctoral degree) to an AQF 9 course (Master’s degree), you would be required to hold a new student visa.

***Scenario 3: If you have enrolled in a packaged course (e.g. a diploma course leading to a Bachelor's program), in general, it implies that you must have completed 6 months of the Bachelor's program (main course), otherwise, you would need to apply for a new Student visa.

Updates to Student and Graduate Visas in Australia: English Requirement and New Genuine Student

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 Student 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.