10 Australian Visa Opportunities and Changes for 2023

2023 is off to a positive start if you’re looking to migrate to Australia! The Labor government brought several changes to Australia’s immigration pathways this year.

Here are 10 key Australian visa opportunities and changes in 2023!

10 Australian Visa Opportunities and Changes for 2023 ??

1.????New Pacific Engagement Visa (PEV) providing up to 3,000 places for eligible migrants from Pacific countries and Timor Leste ??

In July 2023, a new visa will be introduced providing up to 3,000 places for eligible migrants from Pacific countries and Timor Leste.

The new visa will boost Pacific permanent migration to Australia and build a stronger Pacific family. Here is a summary of what we know so far:

• Applicants will be selected through the ballot process
• Applicants must be aged between 18 and 45 years
• Applicants can include their partners and legally dependent children in their application
• ?Applicants must have a formal job offer in Australia
• ?Applicants must meet English, language, character, and health requirements
• Government consultations will inform further program settings and details, including ballot and visa eligibility requirements

More information about the visa process will be made available prior to July 2023.

2.????Relaxation of Working Holiday Maker Visa condition 8547 '6-month work limitation' extended until 30 June 2023 ??

The temporary relaxation of the ‘6 month work limitation’ condition was initially in effect until 31 December 2022; however, the Department has recently confirmed that it will now be extended until 30 June 2023.

In essence, this means that Working Holiday can work with any one employer for the duration of their visa without requesting permission, and any work that is carried out before 1 July 2023 will not be counted towards the 6 month limitation period. This means that from 1 July 2023 onwards, WHMs may work for any employer for up to an additional 6 months even if they worked for that same employer before 1 July 2023.

This applies to anyone in Australia who either holds any kind of WHM visa, regardless of when they arrive or holds a Bridging visa with condition 8547 imposed.

3.????Priority processing for certain eligible New Zealanders ??

New Zealanders residing in Australia will benefit from priority processing of Skilled Independent (subclass 189) visa applications in the New Zealand stream. In addition, the following requirements have been removed for pending applications:

• Period of residence in Australia
• Taxable income threshold
• PIC 4007 relating to health ?

The New Zealand stream has also closed until 1 July 2023. This means that new applications cannot be made from 10 December 2022 until 1 July 2023. During this time, the Department of Home Affairs will seek to prioritise the processing of the on-hand New Zealand stream caseload. They will also consider future options for New Zealand citizens in Australia. These options will be designed to more appropriately reflect the close ties between Australia and New Zealand.

Grant of New Zealand stream visas in the 2022/23 Program Year will allow visa holders to access the benefits of permanent residence more quickly, notably the immediate ability to access the National Disability Insurance Scheme and automatic acquisition of Australian citizenship at birth for their children born in Australia. Furthermore, those granted a New Zealand stream subclass 189 visa, will have their Australian citizenship pathway expedited from 1 January 2023.

4.????Priority processing for healthcare workers and teachers??

The new Ministerial Direction 100 revokes Directions 96 & 97 which from April 2022 specified the order of priority for certain skilled and employer sponsored visas.

The order of priority for considering applications is specified in this Direction to ensure the appropriate allocation of resources in considering and disposing of applications, and that certain cohorts of applications are given priority. The Australian Government has adjusted how it prioritises skilled visa applications, with healthcare and education workers now at top of the list.

In summary, the Direction provides that skilled visa applications are processed in the following order of priority:

• Visa applications in relation to a healthcare or teaching occupation (see link here )
• For employer sponsored visas, visa applications in all sectors where the applicant is nominated by an Approved sponsor with Accredited Status
• Visa applications in relation to an occupation to be carried out in a designated regional area
• For permanent and provisional visa subclasses, visa applications that count towards the migration program, excluding the Subclass 188 (Business Innovation and Investment (Provisional)) visa
• All other visa applications.

For all categories, priority will be given to those with eligible passports. Within each separate category, priority is given to visa applicants located outside Australia for provisional and permanent skilled visa applications.

For more information see global processing times .

5.????Criteria relaxed for NSW state nominated visas ???

Previously published points scores and work experience guides for the NSW nominated Skilled nominated visa (subclass 190) have been removed due to the increased availability of the Skilled Independent visa (subclass 189) by the Department of Home Affairs.

In September 2022, the NSW government released its skills list and introduced new requirements for minimum point scores and years of work experience for both the subclass 190 and 491. NSW has now removed these requirements for the subclass 190 visa.

To be eligible for NSW nomination you must now be skilled in an occupation that both:

• Appears within an ANZSCO unit group identified on the NSW Skills List (see here ), and
• Is eligible for the respective visa.

Importantly, not all occupations within ANZSCO unit groups are eligible for the respective visa.

6.????Partner and child visas are no longer subject to a ceiling ??

For 2022/23, Partner and Child visas will be granted on a demand-driven basis to facilitate family reunification. This means that there is no limit to the number of these visas issued. The Department of Home Affairs is estimating that it will issue around 40,500 partner visas and 3,000 child visas this financial year.

7.????Student visa work hours temporarily relaxed until 30 June 2023 ??

In efforts to address workforce shortages, student visa work hours restrictions have been temporarily relaxed until 30 June 2023.

Until 30 June 2023, all ongoing students as well as new student arrivals and secondary applicants can work more than 40 hours a fortnight in any sector of the economy and work before their course of study commences.

Employers must continue to follow Australian workplace law. Importantly, overseas workers, including international students, have the same right under Australian workplace law as all other employees.

While these temporary measures are in place, the Department of Home Affairs and Australian Border Force will:

• exercise their discretion under s116(1)(b) of the Migration Act 1958. This is to not cancel the visas of students who work?more than 40 hours each fortnight to support your organisation
• not refer student visa holders for investigation of any potential offence under s235 of the Migration Act 1958. This might relate to the hours worked by a student visa holder in breach of their visa conditions
• not refer you or relevant third-party labour hire companies, as an employer, for investigation of any potential offence under s245AC of the Migration Act 1958. This might relate to allowing a student visa holder to work in breach of their visa conditions.

8.????Increase from 160,00 to 196,000 places for the 2022/23 permanent Migration Program ??

On 2 September 2022, the Australian Government announced that the planning level for the 2022/23 permanent Migration Program will increase from 160,000 to 195,000 places. This opens doors to an extra 35,000 migrants to improve the productive capacity of the economy and fill skill shortages in the labour market.

The 2022/23 permanent Migration Program has the following composition:

• Skill - 142,000 places
• Family - 52,500 places
• Special Eligibility – 100 places

See here for full details of the 2022/23 Migration Program planning levels

Minister O’Neil confirmed at the Jobs and Skills Summit:

“Immigration is one the biggest levers we have to drive our country forward, and it is fast, and it is powerful”.

Furthermore, the Minister has appointed three eminent persons to guide a review of Australia’s migration system. The three reviewers are scheduled to deliver a comprehensive review of Australia’s migration system in a report in early 2023.

9.????New visa/opportunities for Indian nationals??

The Australia - India Economic Cooperation and Trade Agreement (AIECTA) commenced on 29 December 2022. Australia has agreed to provide India with mobility outcomes consistent with existing visa and commitments made in previous free trade agreements.

In summary, the migration outcomes of the AIECTA include:

• 1,000 Work and Holiday (subclass 462) visas per year to Indian citizens between the age of 18 - 31.
• Indian graduates with an Australian bachelor's degree with First Class Honours in Science, Technology, Engineering, or Mathematics (STEM) fields (including ICT) will receive an extended post study visa (extended from two to three years)

The AIECTA is a significant milestone for Australia's longstanding trade relationship with India.

10.?IELTS One Skill Retake to be accepted for certain skilled visas ??

English language requirements generally apply to study or work-related visas in Australia. The required level of English depends on the visa subclass that the applicant is applying for.

Since 14 December 2022, IELTS One Skill Retake is available for certain test takers.?

The International English Testing System (IELTS), one of the acceptable English language tests for migration, has developed a new feature called One Skill Retake (OSR). IELTS OSR allows test takers to retake one of the four skills if they need to improve in just one area. In other words, test takers can now retake one skill of the IELTS test, whether it is Listening, Reading, Writing, or Speaking. Previously test takers had to retake the entire test for all four modules if they did not achieve the required scores required for migration.

IELTS OSR is now available at the IDP Melbourne test centre and will be rolled out across more Australian test centres in early 2023.

For Australian visa purposes, the Department will accept IELTS test results that include OSR, except for applications for subclass 476, 482, and 485. These three subclasses still require IELTS test scores from a single sitting/attempt. It is important to check the Department’s website to understand for which visa subclasses applicants can use IELTS OSR.

Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on achieving your study, work, and migration goals in 2023.?