January Immigration News: Visa Updates and Changes to Expect in 2025

In this January immigration news blog, we’ll discuss what to expect in 2025, some of the latest visa news and tips to help you find the best pathway to Australian Permanent Residency.

Recent Visa Grants and Invitations

To begin, we would like to share some of our recent visa grants and invitations:

Permanent Residency 186 Temporary Residence Transition stream granted for a Diesel Motor Mechanic
Several 482 Visas granted
494 DAMAs granted for Sommelier and Horticulture Grower
Workplace Justice Visa granted
Australian Citizenship invitation issued
South Australia state nomination invitation for the 491 visa granted to a Marketing Specialist with 105 points
AAT appeal win for a 482 Visa on January 6

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Australian Federal Election in 2025

The federal election will happen this year in Australia. What could it change in relation to migration?

Federal elections are important because the Federal Government has the immigration powers and grants visas. Some media are reporting on the possibility of an April 2025 Federal Election.

The current Labour Government announced the Migration Strategy in December 2023, which includes a number of reforms. Some reforms are still pending, such as changes to the points for the 189 Visa, 190 Visa and 491 Visa.

There was a review of the point test discussion paper in April 2024 that opened a consultation process about reforming the points test. If the Labour government wins, you could expect these reforms to continue.

On the other hand, if the Peter Dutton-led Liberal Party were to win power, there are promises to cut Australian migration numbers.

Usually, a potential change of government would have much bigger effects on migration options and programs than fine-tuning processes and updating occupation lists.

At a practical level, if you’re eligible for an Australian visa under the current visa categories, changes could negatively affect your options. To put it bluntly, you may want to apply before any cuts or changes.

186 Direct Entry Visa Updates

The new Core Skills Occupation List (CSOL) includes 456 occupations, which gives access to the 186 Direct Entry Visa – a straight pathway to PR.

Many common occupations, including Enrolled Nurses and Cooks, can now apply directly for Australian PR. This is because the 186 Direct Entry Visa offers a direct path to PR and doesn’t require you to hold a 482 Visa for 2 years before applying for permanent residency.

To apply for the 186 Direct Entry Visa, applicants must have:

At least 3 years of full-time experience
A positive skills assessment
At least competent English

There is now a rush to get a skills assessment for many occupations.

We have a video explaining all the changes and requirements for the 186 Direct Entry Visa.

Click here to check if your occupation is eligible for the 186 Direct Entry Visa.

Federal Circuit Court Findings: AAT Bias Case

The Federal Circuit Court recently found that there was apprehended bias by an AAT member against an Indian student.

The facts involved the refusal of a student visa to an Indian applicant who had applied to study commercial cookery. The AAT member made a number of comments during the hearing that demonstrated preconceived negative views.

Judge D Humphreys stated: “the Court is satisfied that the claim of apprehended bias is regrettably made out.”

The case is: Jaggi v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 1267.

Findings like this show you should always read the AAT transcript to consider in detail what happened at the hearing.

Occupation of Child Care Workers - Visa Updates

As many people already know, Child Care Workers can now apply for both the 482 Visa and 186 Direct Entry Visa. To apply for the 186 Direct Entry visa, the applicant must have a positive skills assessment.

The ACECQA is the skills-assessing authority for the Child Care Worker occupation and will be providing skills assessments for the full occupation, not just room leaders as previously.

Student Visa News

The proposed student visa cap legislation did not pass, so the Government has introduced Direction No. 111– Order for considering and disposing of offshore Subclass 500 Student Visa applications.

This provides offshore priority processing for student visas.

Priority 1 - Higher Priority

Student visa applications linked to providers in the higher education and vocational education and training sectors will be processed with higher priority if they have not yet reached their prioritization threshold, which is 80% of their 2025 expected allocation of new overseas student commencements, as per PRISMS data.

Higher priority processing will also apply to the following categories of students:

- School students
- Non-award sector students, including short term exchange students
- Standalone ELICOS students
- Students enrolled with a TAFE Provider
- Students enrolled in Pilot Training Courses
- Students in postgraduate research courses
- Foreign Affairs Students
- Defence Students and students sponsored by the Commonwealth
- Students with foreign government, Australian Government and state and territory scholarships that meet the criteria published on the Department of Education website as at the date this Ministerial Direction was made
- Students from the Pacific and Timor-Leste
- Students enrolled in Transnational Education arrangements, according to criteria published at the date this instrument is made on the Department of Education website for higher education students and the Department of Employment and Workplace Relations for vocational education and training students
- Subsequent entrants where an applicant is a minor who is unmarried and has not turned 18 at the time of application and is a dependent child of a primary applicant/primary visa holder for a Student (Sc 500) visa or a dependent child of a spouse or de facto partner of a primary applicant/primary visa holder of a student (Sc 500) visa.

Priority 2:

Priority 2 (Standard processing) will apply to higher education and vocational education providers that have met their prioritization threshold, as well as to subsequent entrants who are not minors, and other offshore Student visa applications.

This means the Federal Government has found a new way to slow down or stop processing student visa applications.

407 Training Visa Grant and Refusal Rate

We requested this data from the Department of Home Affairs, through a Freedom of Information request, and here are the latest figures:

In the 2023-24 financial year, 7,563 Training Visas were lodged. Of these, 4,026 have already been processed, with 92% granted and only 8% refused.

This means there is a strong success rate, which is great news for those considering applying for a training visa in Australia.

Click here to learn more about the 407 Training Visa.

Workplace Justice Visa Updates

We recently had our first Workplace Justice Visa granted in just one month.

The Workplace Justice Visa subclass 408 is a new visa introduced in 2024 to protect migrant workers who have experienced exploitation in their workplace.

In this first case, our client was not being paid properly by their employer and did not receive any superannuation.

Click here to learn more about the Workplace Justice Visa.

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New National Innovation Visa

If you are a high-talent professional, global researcher, entrepreneur, innovative investor, athlete or creative leading your field, the new National Innovation Visa (NIV) may be a great PR pathway to Australian PR for you.

To apply for the National Innovation Visa, you must put in an Expression of Interest and be invited by the Australian government.

There are 4,000 places for the National Innovation Visa in this financial year.

Click here to learn more about the new National Innovation Visa.

You can also complete our free NIV assessment, so our team can provide you with a free evaluation of your eligibility.

Minister of Religion Labour Agreement (MoRLA) Updates

The Department of Home Affairs is streamlining the Minister of Religion Labour Agreement (MoRLA) to provide faster pathways to permanent residence. Some key changes to the MoRLA include:

Applicants can apply up to 60 years old
A two-year or direct pathway to permanent residency through the 186 Visa
Concessions for English language requirements, with only IELTS 4 for the 482 visa and 4.5 for the 186 Visa
Labour market testing exemptions for eligible applicants

How to apply for an Australian Visa?

If you have any questions or need assistance with your visa application, feel free to book an appointment with one of our migration lawyers or registered migration agents.

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