With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.

Universities Cancelling Course Offers for Students

Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.

Why Are Universities Cancelling International Student Offers?

Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.

The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.

It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.

Increase in Student Visa Refusal Rates for Some Countries and Some Institutions

There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.

High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.

Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.

Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.

However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.

Why Are There Higher Rates of Student Visa Refusal?

The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.

The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.

Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.

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://e.vnexpress.net/news/news/education/australian-universities-cancel-offers-of-enrollment-to-international-students-4712973.html

https://thepienews.com/news/australia-students-awaiting-visas-told-to-withdraw-university-applications/

https://www.afr.com/work-and-careers/education/foreign-students-are-leaving-in-droves-after-visa-crackdown-20240216-p5f5m1

https://monitor.icef.com/2024/02/australia-visa-rejection-rates-spike-as-some-institutions-withdraw-admissions-offers-under-new-migration-settings/

https://www.universityworldnews.com/post.php?story=20240202130927534

If you are thinking about applying for a partner visa in 2024, it is helpful to understand the Australian Department of Home Affairs’ (Department) current requirements and how it assesses a partner visa application.

Partner Visa Types and Stages

You can apply for a partner visa either onshore or offshore. Partner visa applications have two stages. The first stage is a temporary partner visa and the second stage is a permanent partner visa. Partner visa applicants become eligible to apply for the permanent stage of the visa two years after the date of application for the first stage of the partner visa.

If you are an applicant inside Australia, you will need to apply for a temporary onshore partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801). Applicants applying outside of Australia will need to apply for a temporary offshore partner visa (Subclass 309) followed by a permanent partner visa (Subclass 100).

Requirements for the applicant

To be eligible to apply for a Partner Visa in Australia, an applicant must be in a genuine and ongoing married or de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet all the other requirements for the visa including health, and character. This typically involves providing police clearance certificates and undergoing medical examinations, if required.

Book an appointment if you need assistance. 

Requirements for the sponsor

A sponsor for a partner visa must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must also meet the age, health, and character, and financial requirements. There are some limitations on sponsors, for example sponsors are barred from sponsoring more than one partner within a five-year period. For more information about these limitations, please contact us to speak to a Lawyer or Registered Migration Agent.

Requirements for the relationship

The Department needs to be satisfied that the relationship between the visa applicant and the sponsor is “genuine and continuing” therefore you will need to provide substantial proof of your married or de facto relationship. The Department considers the following four pillars in assessing whether a relationship is genuine and continuing:

1. Mutual commitment – this looks at the level of commitment between the couple and considers the duration of the relationship, length of time they have lived together, level of support they provide to each other and the couple’s future plans
2. Financial aspects of the relationship – this can include evidence of any joint ownership of property or assets (e.g. house, car, shares), joint liabilities (e.g. home loan or a rental property in both parties’) or shared finances like a joint bank account
3. Nature of the household – this can include a joint responsibility for the care and support of children, joint living arrangements and shared housework responsibilities
4. Social aspects of the relationship – this looks at whether the relationship is known and supported by the couple’s friends and family which can be shown through statements, support letter or photos. It can also include evidence of involvement in social activities together, joint travel, or joint invitations or attendance at social events

While it is important and helpful to provide evidence of all the four criteria in a partner visa application, the Department policy suggests that generally a relationship is assessed overall and takes into consideration all factors within the relationship.

Processing times

Partner visa processing times vary based on the subclass of the partner visa you are applying for and the specific circumstances of each application. Currently, onshore partner visa applications are being processed within 5 months to 3 years. Offshore partner visa applications are being processed within 11 months to 2 years. It is important to understand that these processing times may change. They are provided as a guideline only and some applications may fall outside of these processing times.

You can keep track of the Department’s processing times here. 

Costs

The costs associated with a partner visa application in Australia can vary depending on the specific subclass of visa you are applying for. Additionally, the fees are subject to change, so it's important to check the latest information on the Department website or consult with us for the most accurate details.

Below is a breakdown of some of the costs you may need to consider:

1. Visa Application Charge (VAC): this is the main fee charged by the Department for processing your visa application. Currently, the VAC for an onshore and offshore partner visa is $8,850. This fee is for the main applicant only and excludes any additional or secondary applicants. If there are any secondary applicants for example, any eligible children then the Department charges an additional $4,430 for each additional application aged 18 and over and $2,215 for each additional applicant aged under 18.
2. Biometrics: If biometrics (such as fingerprints and a photograph) are required as part of the application process, there may be additional costs associated with this. The cost for biometrics varies depending on the location where they are collected.
3. Health Checks: You and your partner may need to undergo medical examinations as part of the visa application process. The cost of these examinations varies depending on the medical provider and the specific tests required.

4. Police Clearance Certificates: You may need to obtain police clearance certificates from any country where you have lived for 12 months or more in the last 10 years. The cost of obtaining these certificates varies by country.
5. Translation and Certification of Documents: If any of your supporting documents are not in English, you may need to have them translated by a certified translator. You will need to take into account any costs associated with translating your documents, if required.
6. Professional Legal Fees: You may wish to engage a Lawyer or Registered Migration Agent to assist you with your partner visa application. The professional legal fees vary based on each legal service provider. Please feel free to contact us if you need legal assistance with your partner visa application or would like to discuss our fees for assisting with your application.

7. Other Miscellaneous Costs: Depending on your specific circumstances, there may be other costs associated with the application process, such as postage fees, travel expenses for interviews or appointments, and obtaining additional supporting documents.

For more information on partner visa, including the documents you need and common reasons for refusal, see Everything You Need to Know About the Australian Partner Visa.

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 Partner Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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

In early 2023, regional migration visas in Australia were under a cloud of uncertainty. The Parkinson Report Migration, released in March 2023, failed to offer any guidance or support for regional migration options.

The final report suggests a recalibration of the skilled points test and even proposes the removal of points for regional study. It states, “In conjunction with this measure, existing regional concessions in mainstream permanent phases, such as additional points for regional study, could be removed to ensure those programs are strongly focused on selecting migrants who will best meet national economic objectives.”

Additionally, state nomination applications in Australia across all states were reduced by 70% from July 1, 2023, marking a significant downturn in the 2023-24 financial year.

However, early 2024 has seen positive developments in regional migration policy.

Migration Policy Developments 2024

Regional employer-sponsored nominations visas such as 482, 186, 494, and DAMAs are now the top priority in ministerial processing directives. This means they are processed above all others, including professions in teaching and health that were previously given high priority.

This shift demonstrates the Federal Government is encouraging migration to regional areas.

The new Skills in Demand Visa Australia includes an "Essential Skills" category visa for lower-skilled occupations, such as carers, with potential salaries below A$70,000. These visas aim to supply workers to regional areas for both caregiving and agricultural roles.

For the 2024 to 2025 financial year, skilled points visas, including the 189, 190, and 491 visas, will remain unchanged. The 491 Visa, designed for regional areas, continues to be available, dispelling rumors of its abolition in the Migration Review.

Click here to read more about the Skilled Work Regional 491 Visa.

Why is regional migration regaining favour?

Several factors are at play, including a strong demand from industries and communities in regional Australia for migrants. Furthermore, the housing crisis has prompted the federal government to encourage migration away from Australia's largest cities, Melbourne, Sydney, and Brisbane.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

For visa application assistance in Australia, you can book an appointment online or call us at (+61) 8 8351 9956.

Sources:

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/skilled-visa-processing-priorities

Embarking on a short-term professional venture in Australia? The Temporary Work Short Stay Specialist Visa Subclass 400 might be your golden ticket for those looking to work in Australia on a short-term basis. In today's blog, we'll explore the key aspects of this visa, its features, eligibility criteria, and why employers find it particularly appealing.

The Subclass 400 visa is designed for individuals who wish to work on specific, short-term projects in Australia. This could include activities such as specialized work, or projects related to critical industries.

It's a great option for those who need to be in the country for a short duration and have a specific skill set.

Find more information about the Temporary Work Short Stay Specialist Visa Subclass 400 here.

Key Features of the Subclass 400 visa:

Short-Term Duration: This visa is typically granted for a short period, usually up to three months but can be up to 6 months depending on the circumstances. Your stay in Australia commences once you arrive and does not restart each time you travel.

Eligibility criteria:

Specific Work or Activity:

You must be invited to participate in a specific project, event, or activity, and your stay is limited to the duration needed for that particular task.

The work must be:

• Highly specialised.
• Non-ongoing work.
• Will not disadvantage Australian workers.
• Not for the entertainment industry – not acting, directing, performing, etc.

Specific work: While you're on this visa, you can work on the specific project or activity outlined in your visa application or applying linked to that.

Genuine Temporary Entrant:

You should intend to stay in Australia temporarily and have the means to support yourself during your stay.

Health and Character Requirements:

Like any visa application, you must meet health and character requirements.

Health assessments and police clearance are not commonly required for a 400 visa.

Some will require biometrics.

Why do employers like the 400 visa?

• There are no sponsorship obligations for this visa.
• There is no Skilling Australia Fee – SAF – for this visa.
• The application only has one stage, as compared to longer-duration visas which often have three stages.

The application process for the Subclass 400 visa is relatively straightforward. The processing time varies, but in general, is between 8 to 20 days.

Read more about the 400 visa.

Need Help Applying for a Temporary Work Short Stay Specialist Visa Subclass 400?

Work Visa Lawyers can assist you in applying for a 400 visa. As one of Australia's largest immigration law firms, our professional team can guide you through the process.

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-work-400

PR Visa Granted: Tips and Resources for Bringing Your Personal Items to Australia

After being granted a visa to Australia especially if it is for permanent residency, one of the things that migrants think about is whether they will bring any of their personal belongings that did not or cannot fit in with their allowable airline baggage allowance. Can they take their personal belongings with them when they go to Australia? What they can bring with them? How can they bring their personal effects to Australia? Should they ship their possessions or buy everything in Australia?

Bringing your personal and household effects to Australia can be tricky and may be expensive. There are many requirements and documents to be provided.

Australia has strict laws on biosecurity and quarantine especially those relating to food, plant and animal material. You should also note that there are restrictions on what you can bring into Australia and that permits and fees are required for certain items. The items you shipped may also be subject to  inspection.

Unaccompanied Personal Effects (UPEs)

If you are shipping your household and other personal items to Australia and these items arrive separately to you, these items are referred to as Unaccompanied Personal Effects (UPEs).

UPEs can include the following:

• clothing and footwear
• personal hygiene and grooming items
• furniture
• appliances
• sporting equipment, and
• books^[i]

Non-motorised caravans, boats and aircraft can also be considered as UPEs but subject to certain conditions.

Note that items like wood and other timber items may need to be treated before they can be ship to Australia.

What can you not bring to Australia?

The following are the items you cannot bring into Australia as personal effects^[ii]:

• fresh fruit and vegetables
• live plants, bulbs, tubers, corms, and cuttings
• prohibited and restricted seeds​
• unidentified seeds (including spices)
• khapra beetle high-risk plant products
• live animals (including pets) that require an import permit
• biological products including some plant based, herbal medications
• unprocessed goods of plant or animal origin
• soiled goods, or goods containing organic residues
• goods knowingly infested with pests or a disease.

If you are not sure if an item can be brought to Australia you can use the Biosecurity Import Conditions system (BICON)^[iii]. The BICON system will let you know whether the item you are planning to bring to Australia:

• Is permitted
• Is subject to import conditions
• requires supporting documentation
• ​requires treatment
• needs an import permit

UPE concession

If you are eligible, you may be able to avail of a UPE concession and your UPEs will be cleared customs control without requiring you to pay:

• customs duty
• goods and services tax (GST), or
• other taxes and charges.

To be eligible for the UPE concession you must:

• be a passenger or crew member of a ship or aircraft
• have arrived from a place outside Australia, and
• depending on the nature of the goods, meet permanent residency requirements

and the goods must be:

• your personal property
• suitable and intended for use by you in Australia
• personally owned and used overseas by you for the specified length of time before your departure for Australia. For example, non-motorised caravans and trailers, and certain boats must be owned and used by you for at least 12 months before your travel to Australia.

You will meet the permanent residency requirements if you:

• are an Australian citizen
• hold a permanent visa
• hold a special category visa. 

Note that there are certain items that are not eligible for the UPE Concession. These include motor vehicles, alcoholic beverages, tobacco, etc.

UPE clearing

Your UPEs would need to be cleared.  You need to provide a completed Unaccompanied Personal Effects Statement (B534 Form). This can be lodged in person (you will be required to under an Evidence of Identity check) or by electronic lodgment through the Integrated Cargo System (ICS).

Fees may be payable and there may be additional charges if the goods shipped needs treatment.

You can hire a reputable customs broker and/or freight forwarding company to help you with this process.

Tips when packing your personal effects:

When preparing your goods for shipping ensure that they are thoroughly cleaned and there are no traces of dirt or any foreign matter. For example, you need to scrub and wash to your shoes, sporting equipment, camping equipment, etc.  Vacuum the carpets, rugs and mats. Make sure the items being shipped are thoroughly cleaned and dry.

The Australian Department of Agriculture, Fisheries and Forestry has the following advice when packing your personal belongings for shipping to Australia:

1. Make a packing list - Have a clear and complete record of everything you are shipping. Label all the boxes and record what is in each box. You also need a description of the items in the box, for example, wooden bed frame, plastic chairs, etc.

Australian authorities would be require this list.

2. Label and number your boxes.
3. It is advisable not to use second hand boxes especially if the box had been previously use to carry plant or animal product.
4. Pack items in groups. Items that potentially pose a biosecurity risk is best packed together to facilitate inspection by the biosecurity officer.
5. Safely pack your items. For example, wrap sharp objects like knives to prevent injury and do not back flammable items like fireworks or aerosols.

Sources:

^[i] Australian Border Force website, Unaccompanied Personal Effects, https://www.abf.gov.au/entering-and-leaving-australia/moving-to-australia/upe

^[ii] Australian Department of Agriculture, Fisheries and Forestry- Moving to Australia or importing personal effects/household goods : https://www.agriculture.gov.au/biosecurity-trade/travelling/moving-immigrating

^[iii] Biosecurity Import Conditions system (BICON) https://www.agriculture.gov.au/biosecurity-trade/import/online-services/bicon

In a historic decision, the High Court recently published its unanimous ruling on indefinite immigration detention. The decision was unanimous, by seven high court judges. The case is NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023).

The High Court ruled that it is unlawful to detain a person indefinitely, in circumstances where there are no real prospects of removing them from Australia. The case involved a stateless individual to whom Australia owed protection, being not a citizen of any country, and with no available country willing to resettle him.

The court examined sections 189(1) and 196(1) of the Migration Act, finding that they exceeded the Commonwealth's power.

The High Court emphasized that the Executive lacks the authority to impose criminal punishment, which falls under the jurisdiction of the Australian courts. Consequently, the court deemed indefinite detention as a form of punishment beyond the government's constitutional power, making it unlawful.

What are the facts of this case? 

The applicant is a Rohyingya Muslim who arrived in Australia by boat in 2012 and was granted a bridging visa in 2014. Later found guilty of a sexual offense against a child, he was sentenced to 5 years imprisonment. 

During this time, he applied for a Protection visa, and it was found that he is a person Australia owes protection obligations because he has a well-founded fear of persecution. Ultimately the protection visa wasn't granted because of his criminal conviction.  

After being released on parole in 2018, he was taken into immigration detention. In April 2023, he appealed to the High Court arguing his continuing detention was not authorised. 

On 30 May 2023, both parties in this case agreed to 2 very important facts:  

1.  The applicant cannot be removed from Australia.

2.  There is no real prospect of the applicant being removed from Australia in the reasonably foreseeable future.  

The High Court decided that the applicant's detention has been unlawful since 30 May 2023, and ordered his release. 

The applicant is a stateless person, to whom Australia owes protection. He is not a citizen of any country, and no country will resettle him. 

Why is it unlawful? 

According to the Australian Constitution, an unlawful non-citizen can only be kept in immigration detention for a legitimate, non-punitive purpose.  

Indefinitely detaining those who cannot be legally removed from Australia, was said to be punitive (i.e. punishment) rather than for a legitimate purpose.  

The Executive (government departments and ministers) do not have the power to impose criminal punishment. Instead that power rests with the Australian courts. 

The High Court decided that indefinite detention is a form of punishment that goes beyond the government's power and is therefore unlawful.  

What now? 

The Federal Government reacted very quickly in response to this significant decision. Immigration Minister Andrew Giles quickly introduced a Bill, which passed, which imposes strict conditions on Bridging visas granted to those who have been released.  This includes requiring them to always wear a monitoring device, follow a curfew, and report regularly.

As the Federal Government moves to enforce these new laws, legal challenges are anticipated. The High Court is expected to consider and assess the constitutionality of these laws, setting the stage for potential updates and developments in the near future.

Sources:

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential visa application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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

The Australian Government announced that it will close the Global Talent Visa in late 2024 and replace it with the new National Innovation Visa. Follow this link for more details about the National Innovation Visa.

We have assisted (and currently assisting) a number of successful Global Talent Visa (GTV) applicants, and we get a lot of enquiries about it. One of the most frequently asked questions related to their income, i.e, they receive a basic salary and gets awarded company shares or bonuses, or they own the business and receive a minimum salary but receive dividends. Would their salary be assessed as equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT)?

This issue was, previously, made more confusing when the Global Talent Visa EOI webform states that "Income includes salary, commissions, allowances, bonuses, investment dividends and other sources of personal income. For foreign income, calculate the Australian dollar amount using current exchange rates."   This has now been changed.

When submitting an Expression of Interest (EOI) for the Global Talent Visa it is important to address that the applicant meets the salary requirement otherwise the EOI will most likely not be successful.

For those not familiar with the Global Talent Visa (subclass 858), it is a visa designed to attract high-performing, highly skilled and talented individuals working in particularly target sectors of Digitech, FinTech, Agri-food and AgTech, Health Industries, Defence, advanced manufacturing and space, Circular Economy, Resources, Energy, Infrastructure and tourism and Education.

Read more about the Global Talent Visa

“Earnings”

Ministerial Direction 89, give directions in relation to the processing of the Global Talent visa and gives the highest priority to applications submitted in relation to the above-mentioned sectors and where the primary applicant’s current earnings are an amount equal to or greater than the FWHIT or the applicant has received a job offer from and Australian employer with an annual salary equivalent to or higher than the FWHIT or there is evidence that the applicant is likely to attract a salary equal to or higher than FWHIT.

FWHIT is assessed with reference to ‘earnings’ as defined by section 332 of the Fair Work Act 2009 which states:

Today, we are going to provide you with some basic introductions into working in Australia, such as visas, salary, tax, working hours, holidays, how to get a job in Australia, and more.  

The information is general and it's not legal advice. 

Get a Visa with Work Rights

Ensure you have a valid visa that allows you to work. Note that visitor visas generally do not grant work rights. Many Australian visas do permit you to work with some having restrictions on the number of hours to work. For example, a student visa currently only allows you to work for 48 hours per fortnight in most cases.

Use Visa Entitlement Verification Online (VEVO) to check when your visa expires and what conditions your visa has in terms of work rights.

Tax File Number (TFN)

To work in Australia, obtaining a Tax File Number (TFN) is crucial. Your TFN is your number for dealings with the Australian Tax Office. Without it, the tax office may withhold your tax at a higher rate, which is approximately 50%. 

Full-Time, Part-Time, and Casual jobs

Understand the nuances of full-time, part-time, and casual employment. Each comes with its own set of benefits and conditions.

• Full-time employees work 38 hours per week with benefits like paid annual leave and sick leave.
• Part-time employees work regular hours but less than full-time, with benefits on a pro-rata basis.
• Casual employees have irregular hours, no paid sick days or annual leave, and can be terminated at any time.

Awards and Minimum Salary

The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.

Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.

State Nominations for the 190 and 491 visas

State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.

Labor Market Testing for TSS482

Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.

Changes in Priority Processing

Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.

Working Holiday Maker Updates

Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.

While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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

Sources:

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

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

The Australian government announced the new Migration Strategy, bringing about significant changes across various visa programs, including student visas, graduate visas, employee-sponsored visas, Business and Investor visas, and Global Talent visas. These are reforms, so not everything is going to be positive for you. We will give you a realistic summary to help you plan your life. The housing crisis has cast a massive shadow and has a lot to do with these cuts.

The government aims to bring migration numbers back to sustainable levels. The forecast for 2023-24 is 375,000, reflecting a reduction of 65,000 compared to the previous year.

Student Visas:

The migration strategy has many suggestions for international students. The changes for students include:

• Increased funding for visa integrity
• Introducing a Genuine Student Test to replace Genuine temporary entrant (GTE)
• Preventing course swapping
• Scrutinise lower-quality education providers
• Reducing the types of courses eligible for student visas with a focus on retaining tertiary university courses
• Increasing minimum English language requirements in early 2024

The test score required for a student visa will increase from IELTS (or equivalent) 5.5 to 6.0.

The test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0.

The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5.

Temporary Graduate Visas:

One of the significant changes in the Migration Strategy that will affect many people is related to the Graduate Visa. The modifications include:

• Reducing the age eligibility from 50 to 35 years of age
• Reducing the length of stay
• Preventing graduates from moving back to student Visas
• Increasing the English language proficiency requirements - The test score required for a Temporary Graduate visa will increase from an IELTS score (or equivalent) of 6.0 to 6.5
• The extension of post-study work rights will no longer be available. Only applicants who studied in a regional area will be eligible for an extension
• Graduate Visa streams will be re-named as ‘Post-higher Education Work’ and ‘Post-Vocational Education Work’ streams to be more descriptive for the relevant applicants
• The ‘Replacement Stream’ of the Graduate Visa and the subclass 476 visa will be abolished
• The processing times for the ‘Post-Higher Education Work Stream’ will be backed by a 21-day service standard
• The work experience requirement for a Temporary Skills Shortage visa will be changed to give Graduate Visa holders more opportunities to move on to a skilled visa and have faster pathways to permanent residency

General Skilled Migration (GSM) Visas and Points System:

There is discussion about a new points system, but no decisions yet.

This is quite frustrating for many students and temporary visa holders currently in the system. We will provide updates when we have any more news about the GSM Visas.

Three new types of Temporary Work Visas:

Focus on visas with clear pathways to Permanent Residency (PR), aiming to eliminate the concept of being 'permanently temporary.' Introduction of the Skills in Demand Visa with three pathways: Specialist Skills, Core Skills, and Essential Skills.

Specialist Skills: This pathway recognises highly skilled migrants are hugely beneficial to Australia’s national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. The Specialist Skills Pathway will be available to applicants who meet the general eligibility criteria (for example, be nominated by an

approved employer, meet the health and character requirements) and who are:

• in any occupation except trades workers, machinery operators and drivers, and labourers
• earning at least $135,000 (the Specialist Skills Threshold)

Core Skills: Most temporary skilled migrants will come through the Core Skills Pathway, which is designed to bring in the skilled employees Australia needs now and, in the future, to ensure that we can provide ourselves with the goods and services we need to support our way of life. The Core Skills Pathway would be available, for example, Registered Nurses, and will include trades workers, machinery operators, and drivers. The general eligibility criteria are:

• Individuals with the occupation on the new Core Skills Occupation List

• Individuals with a salary at or above the TSMIT

Essential Skills: A pathway for lower-paid workers with essential skills. The Government is primarily considering the pathway in the context of the care and support economy, which has become essential to the quality of life of Australians.

The distinction between the Core Skills Pathway and Essential Skills Pathway could be defined by occupation and pay. For example, in the care and support economy, Aged and Disabled Carers would have access via the Essential Skills Pathway, but most Registered Nurses or Allied Health Professionals would have access via the Core Skills Pathway. Both pathways, however, will be regulated to ensure that Australia is receiving the skilled workers it needs and that the employees concerned are protected from exploitation.

Employee Mobility:

The ability for temporary workers to move between employers, to remove employer exploitation. If the employment relationship with a sponsor ceases, visa holders will have 180 days to find another sponsor and can work during this period (currently the period is 60 days).  Another change is about Trailing employer fees The Government will explore a model for employers to pay trailing charges and fees (e.g. monthly or quarterly) to make hiring a new migrant less onerous.

LMT Reform:

Reform in Labor Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) 482 visa, reducing the advertising requirements from three to two ads and removing Workforce Australia.

Priority for Regional Areas:

The government will collaborate closely with states and territories to enhance the precision in addressing regional population requirements. They will prioritize visas sponsored by employers in rural and regional Australia to enhance migrant pathways beyond cities.

They will review the regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to the exploitation of migrant workers.

Global Talent Visa:

The Global Talent program will focus on a select number of migrants in priority sectors who can make significant contributions to Australia.

With the new Specialist Skills Pathway, which will open new and streamlined pathways for highly skilled migrants, the Global Talent visa will be more sharply to a relatively small number of migrants who can make outsized contributions to the country.

Business and Investor Visas:

Potential closure of the Business Owner pathway, while the Significant Investor Visa program may continue with fine-tuning of investment options.

What will happen next?

The impact of these reforms will affect various sectors, including education, tourism, and hospitality. We are expecting reactions from some of these sectors.

The Home Affairs website publishes an Action Plan with a timeline for existing and new commitments. You can have a look at the full Action Plan to have an idea about when the changes will happen and plan your future in Australia.

All these reforms are new, and we are also awaiting more information. We will keep you updated as soon as we have any news. Follow us on our social media channels to stay informed with the latest updates.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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/programs-subsite/migration-strategy/Documents/migration-strategy-action-plan.pdf

https://immi.homeaffairs.gov.au/what-we-do/migration-strategy