In Australia, the term "regional" includes a wide range of locations beyond the major cities of Melbourne, Sydney, and Brisbane. So, the whole of Australia outside of these three cities is regional.
Major Regional Cities
Perth, WA: Population of 2,600,000
Adelaide, SA: Population of 1,400,000
Gold Coast, QLD: Population of 647,000 (just 80 km from Brisbane)
Canberra, ACT: Population of 490,000
Hobart, TAS: Population of 230,000
Darwin, NT: Population of 135,000
Other Notable Regional Areas
Sunshine Coast, QLD
Wollongong, NSW
Geelong, VIC
Ballarat, VIC
Bendigo, VIC
All cities with a population over 100,000.
Unique Regional Locations
Byron Bay, NSW: Known for its celebrity residents, such as the Hemsworth brothers, and relaxed lifestyle
Wine Regions: Including Margaret River (WA), Barossa Valley (SA), and Yarra Valley (VIC)
Smaller Remote Regional Locations
The definition of regional also includes small towns and remote locations such as:
Coober Pedy, SA
Oodnadatta, SA
Bourke, NSW
Marble Bar, WA
Skilled Occupations in Regional Areas
Contrary to the perception that regional areas only require agricultural workers, there is a consistent demand for various skills, including:
Healthcare: GPs, registered nurses, and carers
Education and Social Services: Teachers and social workers
Trades: Chefs, cooks, diesel mechanics, and hairdressers
Moving to a Regional Area?
If you're considering relocating to a regional area in Australia, it's essential to explore your visa options. Moving to regions with more shortages can potentially provide more opportunities, such as finding a sponsor in your occupation.
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?
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 Review Tribunal (ART).
Appealing the decision at the ART
The refusal letter will state whether you can appeal the decision at the ART. 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 ART’s website.
Once you lodge an appeal at the ART, your bridging visa will continue until you get a decision on your appeal.
Attending a Hearing
The ART 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 ART 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.
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 ART, 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.
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.
Working as a Registered Nurse or Midwife in Australia
If you are an Internationally Qualified Nurse or Midwife and want to work in Australia as a registered nurse or midwife, you may be eligible to get registered in Australia and apply for an Australian visa. The demand for skilled nurses remains high in Australia.
In the 189 Skilled Independent visa invitation rounds in 2023, nurses have been the biggest winners.
The following occupations received invitations at the minimum 65 points:
254111 Midwife
254412 Registered Nurse (Aged Care)
254413 Registered Nurse (Child and Family Health)
254414 Registered Nurse (Community Health)
254415 Registered Nurse (Critical Care and Emergency)
Qualification is equivalent to Australian bachelor’s degree (AQF level 7)
Have at least 800 hours of workplace experience in different health care settings
Certification from educational institute that proves of completing an assessment in medication administration and management
IELTS 7, PTE 65 & TOEFL 88 overall score and not less than that in any band
Professional’s skills and knowledge are up-to-date by meeting the recency of practice registration standard
Criminal history checked
If you meet the requirements, then here is your Guide to the Registration:
Self-assessment with Australian Health Practitioner Regulation Agency – AHPRA
On the basis of your self-assessment, you will be assigned to the stream A, B or C by Nursing and Midwifery Board of Australia (NMBA) after an initial assessment.
Stream A: Candidates who hold a qualification that is relevant but not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. You'll need to pay the assessment fee and complete Orientation Part 1 before completing the Portfolio stage.
Stream B:Applicants who hold a qualification that is not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. It's recommended that you end your participation in the assessment process and upgrade your qualification if you wish to continue.
Stream C: Not fitting in A or B stream.
Once you are assigned to the stream A, B OR C then proceed further according to the stream.
Proceed for the Internationally Qualified Nurses and Midwives (IQNM) assessment process and pay the IQNM Assessment Fee.
Attend the Orientation Part 1 – It is an online learning course providing an introduction to Australia and the Australian healthcare context.
Portfolio (This is where you will be supplying the qualification and identification details and documentation.
Attend Multiple Choices Question (MCQ) exam (MCQ Exam is a computer-based multiple-choice test, undertaken at a Pearson VUE testing centre).
Objective Structured Clinical Examination (OSCE). It is a clinical exam to assess the candidate’s knowledge, skills and competence at the graduate-level nurse or midwife.
Candidates who have successfully completed the Orientation Part 1, Portfolio, MCQ exam and the OSCE exam are now eligible to apply for registration in Australia.
How can I apply for registration once I am eligible?
Once you are eligible to apply for registration, the application form for the registration will be made available within your dashboard.
You can access the form and lodge the application.
What happens next?
APRAH will review and verify your qualifications, proof of Identity and other documentation.
The NMBA will decide whether to approve your registration, propose to register with conditions, or propose to refuse your application. You will be notified the outcome by email of registration if your residential address is in Australia, or via a letter of in principle approval of registration if you are currently living overseas.
What is in principle registration?
If you have met all registration requirements, but only provided the minimum proof of identity evidence with your application (because you were not living in Australia at that time), the NMBA will provide you with a letter providing in principle approval for registration, valid for three months, and detailing the outstanding proof of identity requirements. This does not mean that you are registered.
What is the propose to register with conditions?
If your registered nursing qualification is assessed at less than Australian Qualification Framework level 7, you will not meet the requirements for registration. However, if you hold a qualification that:
is solely in mental health, paediatric or disability nursing
meets all criteria under the current model for registration, except criterion 3 (that your qualification is at AQF level 7 or above)
is at AQF level 6, and
meet all registration standards
the NMBA will grant registration with conditions, which will require a period of 12 months full time equivalent supervised practice. You will also have a notation on your registration.
What is the next step after registration?
You need to get you skills assessment done from Australian Nursing & Midwifery Accreditation Council (ANMAC).
When can I apply for the visa?
Once you have a positive skills assessment from ANMAC, you will be eligible to apply for an appropriate visa.
Summary:
STEP 1 - Check the requirements for the registration
STEP 2 - Check the requirements for the immigration
STEP 3 - Complete the Self-assessment
STEP 4 - Complete the orientation part 1 successfully (Stream A)
STEP 5 - Complete the orientation part 1, portfolio, MCQ and OSBE exam (Stream B)
STEP 6 - Lodge an application for registration and provide all documentations to AHPRA
STEP 7 - Apply to be registered with NMBA
STEP 8 - Receive registration
STEP 9 - Get the skills assessed at ANMAC
STEP 10 - Apply for a visa
STEP 11 - Move to AUSTRALIA, get a job and work and live here.
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.
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?
In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.
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.
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
If you already lodged a Subclass 188 or Subclass 132 visa, the applications would continue to be processed in line with the planning levels.
2023 Migration Strategy confirmed that the government is lack of interest in current BIIP and it has reduced the BIIP allocation to 1,500 for financial year 2023-2024, a further 500 places will be reduced and bring down the total allocation to 1000 for 2024-2025.
Until 30 June 2022, the number of subclass 188 application on hand was 20,459.
If, in the last 2 years, the Department was managed to clear the backlog and reduced the on hand applications to $15,000, it will take 10 to 15 years to finalise all the applications -- based on the allocations we get for this year and next year (1,500 and 1,000).
The Department will also “tighten” its policy to determine how the legislative is interpreted and applied, leading to a higher number of applications refused.
Therefore, the government has also announced an option for applicants to cease processing of a BIIP application with a refund of the visa application charges. This will be available from September 2024.
In the future, successful and talented business owner and investor may also have a chance to get a visa from Australia through the National Innovation Visa Program. We will have more updates coming by the end of 2024.
Subclass 188 visa holders will still be able to apply for the permanent visa subclass 888 visa after July 2024, subject to meeting all eligibility criteria. If eligible, they may apply under the provisional extension stream if they need additional time to meet the permanent BIIP visa requirements.
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Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.
The Australian Federal Government released the federal budget on 14 May 2024. The Budget reflects the Federal Government’s plan to reform Australia’s migration system as outlined in the Migration Strategy and will introduce changes to the skilled visa programs including the Global Talent Visa.
What does this mean for the Global Talent Visa?
It was announced that the Global Talent Visa (subclass 858) will be discontinued and will be replaced by a new visa called the National Innovation Visa.
What is this National Innovation Visa?
The National Innovation Visa is said to be designed to attract exceptionally talented migrants and replace the Global Talent visa and the Business Innovation and Investment visa. This new visa will provide a permanent visa pathway for the most exceptional talented migrants – such as high performing entrepreneurs, major investors and global researchers.
When will this take effect?
The Government announced that the change will be implemented from late 2024.
What will happen to the Global Talent Visa already lodged?
Transition arrangements will be in place and the Department will ensure that applicants including existing Global Talent visa applicants are supported in the application process. Existing Global Talent Visa applicants will not be adversely affected by the transition and will be assessed against the eligibility requirements/criteria applicable at the time of their application.
What will happen to the pending Expressions of Interest?
We do not have the details or confirmation yet, but we suspect that the EOIs that are undecided or that have not been finalized when the change is implemented will expire.
We suggest that those interested in applying for the Global Talent Visa- Invited pathway, should submit their EOIs as soon as they can so there is a greater chance that the EOI is decided before the Global Talent Visa is discontinued.
What if I already have received a successful EOI and have not applied for the visa yet? What will happen to my invitation?
We do not have official confirmation yet as to what will happen to the unused EOI invitations however, it is likely that the invitations will expire, and we suggest that potential applicants who had received the invitation should lodge their application as soon as they can.
What is the allocation for the Global Talent Visa for 2024/2025 Financial Year?
The Federal Budget also provides for the Migration Planning Levels. For the next financial year, 2024/2025, the number of places allocated for the Global Talent Visa has decreased to 4,000 places compared to 5,000 for the 2023/2024 financial year.
Will the new National Innovation Visa have a separate allocation from the Global Talent?
No, the National Innovation Visas granted in the 2024/2025 financial year will be counted towards the Global Talent Visa Program allocation.
What are the eligibility criteria for the new National Innovation Visa?
We do not have the details about the eligibility criteria for the new National Innovation Visa however, the Migration Review recommended that the requirement of having a nomination may be removed. Again, this is just a recommendation by the Review Panel and we will not know the criteria until the legislation and the corresponding regulations are passed.
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.
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."
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.
Type of course
Age limit
Degree-level courses or vocational (VET)
Age to 36
Masters
Age to 40
PhD
Age to 45
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.
