Australian Migration (Regulation & Policy) Updates – Post 1 July 2024

,
body wave of water near rocks

Fee increases

Visa and citizenship applications have generally had fee increases of 2.8% per Consumer Price Index (CPI).

Australian Federal Police (AFP) National Police Certificate has increased from $47 to $56

Application fees for review by the Administrative Appeals Tribunal:

  • Review of a Part 5 of the Migration Act 1958, migration decision: from $3374 to $3496,
  • Review of a Part 7 of the Migration Act 1958, protection visa decision: from $2076 to $2151, (generally, this fee is payable only if the application is not successful)

TSMIT Increase

Temporary Skilled Migration Income Threshold is increased from $70,000 to $73,150.

New nominations lodged after 1 July must meet the new TSMIT or AMSR (whichever the higher amount). This does not affect existing visa holders or nominations lodged pre 1 July.

Health Policy

Applicants over the age of 15 years and born in high-risk countries will require to undertake Hepatitis B screening as a part of their medical examinations.

The “significant costs” threshold has been increased from $51,000 to $86,000.

Skilled – Recognised Graduate 476

Pathway closed from 1 July 2024, as specified in the schedule 1 criteria.

Partner Visas

Legislative changes to Partner and Prospective Marriage Visas (including those relating to family violence and sponsorships)

Prospective Marriage visa s/c 300 can now granted while the applicant is onshore. There is no change to the offshore at time of application validity criteria.

Work & Holiday visa 462

Philippines added into list of countries that can apply for the 462 Work and Holiday visa

Working Holiday visa 417
UK passport holders not required to undertake seasonal work – From 1 July 2024​​

UK passport holders can be granted up to three separate Working Holiday visas without having to meet any specified work requirements.

These arrangements apply to all Working Holiday (subclass 417) visa applications lodged by UK passport holders on or after 1 July 2024.

Student visa 500

Increase to the restrictions of the Student visa program. The total number of temporary visa holders that can no longer apply for Student visas whilst in Australia are:

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

Student visa application fee increased from $710 to $1600 for primary applicants.

Temporary Graduate vidas 485

Streams renamed and with the following changes:

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

  • maximum eligible age will be reduced to 35 years of age or under
  • Hong Kong and British National Overseas passport holders can be under 50 years of age
  • Applicants must hold an associate degree, diploma or trade qualification,
  • Qualification is closely related to nominated occupation on the Medium and Long-term Strategic Skills List (MLTSSL)
  • Visa period will remain up to 18 months;
  • HK & BNO passport holders are eligible for periods up to 5 years.

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

  • maximum eligible age will be reduced to 35 years of age or under
  • Hong Kong and British National Overseas passport holders can be under 50 years of age
  • Visa periods dependent on qualification:
    • Bachelor degree (including honours) – up to 2 years
    • Masters (coursework and extended) – up to 2 years
    • Masters (research) and doctoral degree (PhD) – up to 3 years.
    • HK & BNO passport holders are eligible for periods up to 5 years.
    • Indian nationals, depending on course can stay up to 4 years

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

  • No changes other than name.

Replacement stream – No longer available

Changes to Visa conditions 8107, 8607 and 8608 – 457, 482 and 494 visa holders

From 1 July 2024 Temporary Work (Skilled) 457, 482 and 494 visa holders who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. They will have up to:

  • 180 days at a time, or
  • a maximum of 365 days in total across the entire visa grant period

Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods.

Sponsors are still required to inform department of any change in circumstances within 28 days. This includes ceasing sponsorship or if a visa holder resigns.

Transitional Arrangements for 457 worker under 50 age exemption is still available and can be used

A transitional 457 worker under 50, in relation to an application for a visa (the new visa), means a person who:

(a) on 18 April 2017:

(i)            held a Subclass 457 (Temporary Work (Skilled)) visa;

or
(ii) was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted; and

(b) on the day the application for the new visa was made, had not turned 50.

Applicants who fall under the criteria above, can still apply for a 186TRT permanent visa pathway.

Consideration for Visa Cancellations and Refusals

New directions 110 provides considerations in making a decision to refuse or cancel a visa. Direction 110 Strengthens visa cancellation system by elevating the safety of the Australian community as a consideration to the ‘highest priority’ and weakening considerations regarding non-citizen’s ties to Australia.

https://immi.homeaffairs.gov.au/support-subsite/files/ministerial-direction-110.pdf

Contact our office to learn more about your migration application options

Disclaimer: whilst every attempt is made to provide accurate information regarding these migration updates, the above is only a summary of a portion of all migration regulation or policy updates or changes.  The information provided above may not apply to your specific circumstances and you should seek the relevant advice from registered agents / lawyers relating to your particular situation and circumstances.

 

 

/by