Australian Migration Makes Drastic Changes Effective from this month July 2024
Agnes Kusema-Jones BA (Hons) LLM Solicitor
Co founder and Senior Immigration Lawyer
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The Australian Government has introduced a new Skills in Demand visa with 3 targeted pathways to encourage migration worker mobility in the labour market.
?The visa streams will include:
1.??????Specialist Skills pathway (Tier 1)?–?for highly-skilled migrants that are beneficial to Australia’s national productivity with guaranteed annual earnings at least AUD 135,000 and no less than Australian workers in the same occupation. All occupations except for trades workers, machinery operators and drivers, and labourers will be eligible for this steam;
2.??????Core Skills pathway?(Tier 2)–?for applicants whose occupation is on a new Core Skills Occupation list which relates to?occupations?identified by Jobs and Skills Australia as being in shortage and earning at least the Temporary Skilled Migration Income Threshold?(“TSMIT”); and
3.?????Essential Skills pathway (Tier 3)–?this will be for workers paid below AUD 70,000 with essential skills and is still under development by the government. Workers under this pathway are currently sponsored through labour agreements.
4.????Time period–?the visa will provide for a?4-year?stay for all streams;
5.?????Service standards–?a commitment to median processing times of?21 days.
6.?????Streamlined labour market testing–?the Government has already removed the requirement to advertise (LMT) positions through?Workforce Australia,?and will subsequently increase the validity period of advertisements from 4 to?6?months;
7.??????Increased employee mobility–?visa holders will have?180 days?to find a new sponsor if they cease employment with their sponsor (up from the current?60 day period).?Visa holders can also work during this period.
·??????Increased pathways to permanent residency–?all visa holders will have a?pathway to permanent residency,?and time spent with?any?approved employer will count towards permanent residency eligibility (as opposed to the current?186 visa?Transition?stream).
·??????Potential for reduced upfront employer costs–?the Government will explore moving employer fees (such as the?Skilling Australia Fund)?to a monthly or quarterly model, to reduce upfront employer costs.
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8.?????????Public sponsor register?–?the Government will develop a public register of approved sponsors, which will publish the numbers of sponsored workers and their occupations, to assist migrants seeking a new sponsor.
9.?????????Reformed?Points Test?for permanent?skilled migration?and a new?Talent?and Innovation visa for migrants who can drive growth in sectors of Australia’s interest.
·??????The?points test?will be reviewed. Further consultation will occur on a new points test, with the development of a new analysis-based points test to identify more effectively the independent migrants who will make the greatest contribution to the country.??This pathway will have a faster pathway to permanent residence for graduates working in skilled jobs.
·???????????????A new Talent and Innovation visa resulting in a single, streamlined pathway to attract relatively small numbers of highly talented migrants to Australia
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·???????????????As the government reviews the new Talent and Innovation visa, no new allocations for the?Business Innovation and Invest Program?will be provided.
10.???????The?Genuine Temporary Entrant (GTE) requirement?has been replaced with a new?Genuine Student (GS)?requirement for student visa applications.?It requires evidence to help the Department of Home Affairs ensure that applications are received from genuine students.
11.???? The test score required for a?Student 500 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.
·??????Concurrent Confirmation of Enrolment cannot be issued until students have completed 6 months of their courses.
12 ???? Increase in required saving for?international students. ?Starting in the 2025-26 academic year, furthermore Australia is significantly upping the ante on student visa regulations, doubling the application fee from AUD$710 to a steep AUD $1,600.
This hike is part of the government’s strategy to manage record migration numbers and ease the housing market strain.
13.???? Length of?post-study work visas?will change. However, Australia’s Temporary Graduate visa will still give you time to gain valuable work experience and demonstrate your skills to Australian employers.
Reducing the length of Temporary Graduate visas to:
·??????Bachelor degree or Masters by coursework: 2 years
·??????Masters by research or PhD: 3 years
·??????Students in regional areas: eligibility for second visa of 1-2 years in length depending on location
If you gain work in a skilled job during your post-study work period, you may be eligible to apply for the new?4-year Skills in Demand visa. This visa provides a clearer?pathway to permanent residency. The work experience requirement for the TSS visa and future Skills in Demand visa will be changed for Temporary Graduate 485 visa holders, to enable better transition to a temporary skilled migration visa.
Please be advised that this brief summary is merely a starting point, and detailed advice into specific programs and requirements is essential. For expert advice in relation to the above, contact one of our experienced lawyers, Ms Tatenda Mhlanga on +263 772 126 457 or Ms Agnes Kusema-Jones on +263 778 658 383.?? However, feel free to complete our Online Enquiry Form at www.international-visas.net and a lawyer will revert to you ASAP.
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