AUSTRALIAN IMMIGRATION NEWS FLASH – 1st July 2024

Here is a summary of the key immigration updates that take effect today, 1st July 2024. This includes some that weren't expected – and please also note that the potential changes to the eligible skilled occupation lists for short term work visas (that were anticipated) have not been announced yet.

The Temporary Skilled Migration Income Threshold ('TSMIT') has increased from $70,000 to $73,150. This does not include Superannuation or any other non-monetary benefits, such as accommodation or a car. Employers must pay such benefits in addition to the TSMIT.

This increase applies to applications for nominations lodged on or after 1st July 2024. Nominations lodged prior to 1st July 2024 and not yet decided will be assessed against the TSMIT in force at the time of application.

To provide increased mobility to Temporary Work (Sc 457) visa holders, Temporary Skills Shortage (Sc 482) visa holders and Employer Sponsored Regional (Provisional) (Sc 494) visa holders, current and future holders of these visas will now be granted a maximum period of 180 consecutive days (an increase from the previous 60 or 90 days) in which they may cease to work in accordance with the normal visa requirements, to enable them to seek an alternative sponsoring employer or depart Australia. Any periods where the visa holder ceased employment prior to 1st July 2024 does not count towards the 180 consecutive days.

During this period, a visa holder may work while they pursue the alternative sponsorship arrangements, including for alternative employers and in occupations other than those for which their visa was granted. The visa holder can also choose not to work during this period.

Under the instrument, the proposed total period of time in which a visa holder may cease to work during their visa validity period must not exceed 365 days after the commencement of the Instrument. Any periods where the visa holder ceased employment prior to 1st July 2024 does not count towards the maximum 365 days.

These amendments are retrospective and apply to visas granted before, as well as on or after, 1st July 2024.

The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 includes amendments relating to existing or intended partners and prospective partners, as well as updating the language relating to family violence.

• Removes the requirement under Sc 309 and Sc 100 to be in Australia at the time of decision to access the provisions for death of sponsor or the child of relationship. Applicants can now access these provisions even if they have not entered Australia since lodging the visa application.
• Replaces the requirement under Sc 309 and Sc 100 to be in Australia at the time of decision to access the family violence provision, with a requirement to have entered Australia since lodging the visa application.

• Removes the requirement for a Prospective Marriage (Sc 300) visa applicant to continue to be sponsored at the time of decision where the relationship has ended in one of the relationship cessation provision circumstances (death of the sponsor, having a child of the relationship and family violence).
• Family violence provisions have been extended and can now be accessed by Sc 300 visa holders and certain former Sc 300 visa holders who did not marry their sponsor, as the wording has been updated to include a prospective spouse
• Sc 300 holders and certain former holders can apply for and be granted a Partner (Sc 820/801) visa under the child of relationship provision.
• Prospective Marriage (Sc 300) visa applicants can now be granted this visa inside Australia. The Sc 300 visa can now be granted onshore or offshore but must still be applied for offshore.
• Ensures review rights are maintained for Sc 300 applicants and are applicable to refusals made before, on or after 1st July 2024.
• Removes requirements for all Partner (Sc 820/801) applicants to demonstrate 'close business, cultural or personal ties' to Australia where their sponsor has died.

The Migration Amendment (Workplace Justice Visa) Regulations 2024 introduces a new Workplace Justice Visa ("WJV") under the Subclass 408 Temporary Activity visa stream. This pilot program allows temporary migrants to remain in Australia for six to 12 months to undertake workplace justice activities. To qualify, migrants must have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party. WJV holders can work during the visa period, and family members may also apply for a WJV.

There is no visa application charge for the WJV.

The Skilled-Recognised Graduate (Sc 476) visa is closed to new applications, with effect from 1st July 2024.

Onshore applications for a Student (Sc 500) visa or a Student Guardian (Sc 590) visa cannot be lodged if the applicant holds one of the following visas:

• Temporary Graduate (Sc 485)
• Visitor (Sc 600)
• Electronic Travel Authority (Sc 601)
• Medical Treatment (Sc 602)
• e-Visitor (Sc 651)
• Transit (Sc 771)
• Maritime Crew (Sc 988)
• Diplomatic Temporary (Sc 995) – primary visa holders only
• Temporary Work (International Relations) Sc 403 – Domestic Worker (Diplomatic or Consular) stream
• Domestic Worker (Temporary)– Diplomatic or Consular (Sc 426)

The Temporary Graduate visa streams have been re-named to reflect the levels of study:

Post-Vocational Education Work stream (formerly Graduate Work stream)

• For associate degree, diploma, or trade qualification holders.
• Maximum eligible age of 35 (50 for Hong Kong and British National Overseas passport holders).
• Stay period of up to 18 months (up to five years for Hong Kong or British National Overseas passport holders).

Post-Higher Education Work stream (formerly Post-Study Work stream)

• For degree level or higher qualification holders.
• Maximum eligible age of 35 (50 for Masters (research) and doctoral degree graduates and Hong Kong and British National Overseas passport holders).
• Stay periods of:
• Bachelor degree – up to two years;
• Masters (coursework and extended) – up to two years; and
• Masters (research) and doctoral degree (PhD) – up to three years (up to five years for Hong Kong and British National Overseas passport holders).
• The restrictions that were in place for applicants whose first student visa was granted because of an application made before 5th November 2011 have been removed.

Stay periods for Indian nationals under the Australia-India Economic Cooperation and Trade Agreement ("AI-ECTA") remain as follows:

• Bachelor degree – up to two years
• Bachelor degree with first-class honours in STEM – up to three years
• Masters – up to three years
• Doctoral degrees (PhD) – up to four years.

As always, our ASG Team is available if you or your clients have any questions.

AUSTRALIAN IMMIGRATION NEWS FLASH - 29th May 2024

From 1st July 2024 the TSMIT will increase from $70,000 to $73,150. New nomination applications from this date will need to meet the new TSMIT of $73,150 or the annual market salary rate, whichever is higher. This follows the substantial increase from July 2023.

Employers, please note that this change will not affect existing visa holders and nominations lodged before 1st July 2024.

AUSTRALIAN IMMIGRATION NEWS FLASH - 15th May 2024

Australia’s Budget for 2024-25 has just been released and, from a migration perspective, has put forward the current Government's proposals for the future trajectory of Australian migration.

On 14th May 2024, the Australian government announced that the Permanent Migration Program for 2024-25 has been set at 185,000 places, with approximately 71% (132,000 places) allocated to the Skilled Stream. The Family Stream, which will comprise approximately 28% of the program, will predominantly be made up of Partner visas of up to 52,500 places. The Employer Sponsored Stream has 44,000 places, which is an increase from the 2023-24 planning level of 36,825 places. Allocation for the Skilled Independent Stream has decreased to 16,900, which could be alarming for those who had hoped to achieve permanent residence through this pathway.

Key reforms include:

• Allocating $18.3 million over four years from 2024-25 to reform Australia's migration system further, focusing on education for migrant workers about workplace safeguards and data-matching pilot projects to mitigate exploitation.
• Adjusting visa programs, such as introducing a visa pre-application process for the Work and Holiday Visa Program for China, Vietnam and India, as well as implementing a new Mobility Arrangement for Talented Early-professionals Scheme ("MATES") for Indian nationals.
• The Government will introduce a visa pre-application process for the capped Work and Holiday Visa Program for China, Vietnam and India from 2024-2025. A fee of $25 for the ballot (indexed to the Consumer Price Index in subsequent years) will be implemented.
• MATES introduces a fresh avenue for 3,000 Indian graduates and early career professionals (aged 18 to 30 years, upon application) with expertise in specific fields, not yet announced. This initiative allows them to reside and work in Australia for a maximum of two years. The visa incurs a pre-application (ballot) fee of $25 and an application charge of $365, subject to future indexing based on the consumer price index.
• Launching a new National Innovation Visa to attract exceptionally talented migrants driving growth in sectors of national importance. This will replace the current Global Talent Visa (subclass 858) from late 2024.
• The Business Innovation and Investment visa program ("BIIP") will cease and refunds of the visa application charge will be provided from September 2024 for those who wish to withdraw their BIIP applications.
• The Government will also reduce the work experience requirement for the Temporary Skill Shortage (subclass 482) visa from the current two years to one year, for all applicants, with effect from 23rd November 2024. However, the process of nomination could become stricter, with many occupations likely to come off the skilled occupation list. This proposal currently includes occupations such as Customer Service Manager, ICT Project Manager, Café or Restaurant Manager, Public Relations Manager and Production Manager (Mining). Please contact us for more details on occupations which are potentially going to be taken off the Skilled Occupation Lists.
• Addressing backlogs in migration-related judicial reviews and establishing the Administrative Review Tribunal to replace the Administrative Appeals Tribunal ("AAT").
• Enhancing settlement services for migrants and refugees and providing support for individuals affected by the Hamas-Israel conflict.
• Additionally, investments are being made in cyber security, with initiatives aimed at strengthening critical national infrastructure and countering foreign interference.

Some of these reforms are expected to take effect as early as 1st July 2024. As always, our ASG Team is available if you or your clients have any questions.

AUSTRALIAN IMMIGRATION NEWS FLASH - 27th April 2024

In recent days, the Australian Department of Home Affairs has made several significant announcements, marking a shift in Australia's migration landscape. Last week, adjustments were made to the English language requirements for the Student and Temporary Graduate Visa Streams. Additionally, the introduction of the Pacific Engagement Subclass 192 Visa ("PEV") was announced. The PEV will be a pathway for obtaining permanent residence for eligible visa holders from certain Pacific Island countries and Timor Leste.

These reforms are aligned with the Migration Strategy released on 11th December 2023, which addresses the need to overhaul the existing system and ensure that permanent skilled migration contributes to long-term prosperity. The Strategy emphasises the importance of, "planning migration to get the right skills in the right place."

One of the key changes outlined in the Migration Strategy is the transformation of the current Temporary Skills Shortage visa program. The Government plans to introduce a new four year 'Skills in Demand' visa, aimed at providing workers with more flexibility to change employers and offering clear pathways to permanent residence. It is expected that this visa will replace the Temporary Skills Shortage (subclass 482) visa. Notably, visa holders will have 180 days (instead of the current 60) to find a new Australian sponsor, if their employment relationship with their current sponsor ends. To facilitate this process, there is a proposal to mimic the UK and create a Public Register of Sponsors.

Employers will also welcome the introduction of a trailing fee system, replacing the upfront nomination and Skilling Australians Fund ("SAF") Levy. This change aims to improve small business access to the migration system and will end the current unfortunate system, wherein both the application fee and the payable-upfront SAF levy are forfeited in situations where a Nomination application has been refused.

Furthermore, the Migration Strategy outlines plans to introduce new visa pathways within the Skills in Demand Visa framework. These could be as follows:

• Specialist Skills Pathway – targeting highly skilled migrants in various occupations with a minimum salary threshold of AU$135,000.
• Core Skills Pathway – available to applicants in occupations listed on the new Core Skills Occupation List, with salaries above the Temporary Skilled Migration Income Threshold ("TSMIT" – currently AU$70,000). Certain trade occupations may also be eligible. A draft CSOL has been put together, which can be accessed here https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation. However, the final draft may include additional occupations in order to comply with Australia's international trade obligations.
• Essential Skills Pathway – a regulated pathway for lower-paid workers with essential skills, focusing on sectors critical to Australia's 'quality of life', such as care and support workers.

Other proposed changes include the indexation of income thresholds, a tripartite approach to identifying skills needs involving government, industry, and unions, streamlining of Labour Market Testing processes, and the establishment of service level agreements and modernised accreditation pathways.

Some of these reforms are expected to take effect as early as 1st July 2024. As always, our ASG Team is available if you or your clients have any questions.

AUSTRALIAN IMMIGRATION NEWS FLASH - 9th November 2023

We have some exciting news to share that will make a significant difference in the lives of temporary skilled workers in Australia. Pending regulatory approval, with effect from 25th November 2023, the Australian Government is introducing changes to the Temporary Skill Shortage (TSS) (subclass 482) and Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) (subclass 186) visas. These changes aim to simplify the path to permanent residency, providing more clarity and ease for everyone involved.

Temporary Skill Shortage (TSS) Visa: Removing Restrictions

One of the most notable changes for Short-term stream TSS visa holders is the removal of limitations on the number of applications that can be made within Australia. This alteration, effective for new TSS visa applications submitted after 25th November 2023, ensures more flexibility for those seeking to extend their stay in the country. However, Short-term stream TSS visa holders whose second two-year visas will expire before 25th November will still need to travel outside Australia to apply for a third short-term stream TSS application, while offshore.

Employer Nomination Scheme (ENS) (subclass 186) Temporary Residence Transition Stream: Simplified Requirements

Changes to the TRT stream Permanent Residence nomination requirements include:

• Employers will now be able to nominate holders of all streams of TSS visas for PR, including Short-term and Labour Agreement streams.
• The requirement for nominated occupations in the TRT stream to be assessed against a skilled migration occupation list is being removed. However, the nominated occupation must still be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker must continue working in the nominated occupation for their TSS visa(s).
• The period of time a TSS visa holder must work in their nominated position or occupation to be eligible for employer nomination in the TRT stream is being reduced from the current period of three out of four, to two out of the three years before nomination.

These changes will apply to new ENS and Regional Sponsored Migration Scheme nomination applications as well as applications that have been filed but where no decision has been made before 25th November 2023.

Further changes to TRT stream visa application requirements include:

• Adjustments to age exemptions for regional medical practitioner applicants and high-income earners aged 45 years and over, allowing for a two-year pathway.
• Conclusion of COVID-19 related age exemptions due to the introduction of the two-year pathway.

These changes are a positive step forward in providing more equitable access to permanent residency for all TSS visa holders, paving the way for a brighter and more stable future for them and their families.

As always, our ASG Team is available if you or your clients have any questions.