Here’s your executive summary: June 2024 in Australian Immigration Law

“Hey JuNe, don't make it bad, take a sad song and make it better”. We're channelling positive vibes from a Beatles classic, to assist a packed month of law changes in June 2024.

Law Changes in effect from 1 July 2024:

Sponsored Work Visas

• There will be changes to Labour Mobility of Sponsored Work Visa holders (Subclass 482, Subclass 457, Subclass 494). Sponsored visa holders in the following visa categories will be subject to less restrictive visa conditions, allowing significantly more time to find a new sponsor (or ?apply for a different visa or arrange to depart Australia). Additionally, they will no longer be restricted to the types of work or employer, during this time.??

Temporary Work (Skilled) visa (subclass 457)

Temporary Skill Shortage visa (subclass 482)

Skilled Employer Sponsored Regional (provisional) visa (subclass 494).

• To give effect to these changes, work conditions 8107, 8607, 8608 have been amended.
• The salary requirements for sponsored workers, (Temporary Skills Migration Income Threshold (TSMIT)) increases to $73,150pa. All applications lodged from 1 July 2024 need to meet the new TSMIT threshold.
• The FWHIT (High Income Threshold) increases to $175,000pa, affecting prospective migrants to Australia.
• Visa Application charges are set to increase for all applications lodged 1 July 2024.
• Employer compliance with Migration Laws are in focus, with the new Migration Amendment (Strengthening Employer Compliance) Act 2024 effective 1 July.
• Regional Employers are anticipated to have their needs addressed, with the Government initiating a Discussion Paper to fast-track regional visas.

If you are an employer, and would like a complimentary briefing concerning new work visa laws, click on below?

Other Work Visa News

From 1 July, the following countries will be added to the ?Working Holiday Visa program.

Expect more young nationals on WHM in Australia looking for job opportunities. In addition to developing Australia’s relationship globally with other nations, the WHM is a good tool for employers and employees alike, allowing access to talent to address current skills shortages.

WHM visas permit temporary work for up to 6 months for any 1 employer. Some exemptions apply.

Often employers who are impressed with the services of a WHM, move on to Sponsor workers on a longer work visa.? In this way, Employers have the opportunity to vett and test employees before Work Visa Sponsorship. Consider if this meets your business needs.

• United Kingdom: ?as previously reported, the UKFTA extends a UK national's eligibility to apply for further WHMs. From 1 July, UK nationals can apply for a 3rd Working Holiday visa, without having to meet specified work, bringing their total stay on these temporary visas to 3 years.
• The Philippines: Australia welcomes The Philippines to the Working Holiday Visa program, to strengthen Australian partnership with The Philippines.
• Papua New Guinea (PNG): The arrangement allows up to 100 PNG nationals to travel to Australia on a Work and Holiday (subclass 462) visa without the need for a Letter of Support.
• India : The new Trade Agreement (ECTA) will support tourism and workforce needs in regional Australia by making 1000 Work and Holiday Program places available to young adventurous Indians.
• China, Vietnam and India. ?Not yet available, and subject to a pre-application ballot due to anticipated demand. To learn more about commencement, see China, Vietnam, India.

?

Migration in the Media

• People with Criminal History: Visas are still featuring strongly in the Media, with the Government experiencing backlash concerning the granting of visas to those who have character issues (eg criminal history).? In response, the Government released a new Ministerial Direction 110 to replace the controversial Ministerial Direction 99.
• Visas denied to people with complex health concerns: ?The media highlights the dissatisfaction with granting visas to individuals with criminal records and denying visas to those with health issues. ? Legally, it’s an unfair comparison as character and health are assessed very differently under migration law (health is assessed under Public Interest Criteria) however to a layperson, the unjustness is palatable. ?If there is a health concern complicating your visa application, contact us.
• Student visa holders were caught off guard by no longer being able to extend their stay on the Graduate Visa Program, due to the new age limitation being imposed. Talk about changing the goalposts! ??
• Restricting onshore 'visa-hopping' to the Student visa program, also now in effect, to prevent visitors and graduate visa holders from applying for student visas while onshore. ?Applicants in Australia are not happy with these limitations which channel them to go offshore to access the student visa program.

?

?So, Hey JuNe, don't take it to heart...things will get better!

Thanks for reading The Immigration Loop this month. If you haven’t already, subscribe today and if you were forwarded this newsletter, join our community for free here.

?Industry/Topics Covered in this Article:

-???????? Sponsored Work Visas – #SC482, #SC457, #SC494

-???????? Regional Areas

-???????? Employer Obligations (#hiring #expatworkers)

-???????? Salary requirements for sponsored work visas (#TSMIT, #FWHIT)

-???????? Working Holiday Visa Programs (#417, #462, #WHM)

-???????? Trade Agreements & International Relations (#ECTA, #UKFTA, #India #PNG, #China, #Vietnam. #UnitedKingdom)

-???????? Character Issues – Ministerial Directions 99 and Ministerial Direction 110 (#MD99, #MD110)

-???????? Health Issues (#PIC4007/ #PIC4005)

-???????? Student Visas and Temporary Graduate Visa (#SC500, #SC485)

-???????? Visa Hopping (#visahopping) and visitor visas (#sc600)

?

References

• Department of Home Affairs, Australian Government, News Alert, 21 June 2024
• Department of Home Affairs, Australian Government, News Alert, 28 May 2024
• Australian Government, Fair Work Ombudsman, FWO - Library Article - K600486 (fairwork.gov.au)
• Australian Financial Review, 'Immigration reform: regional visa rules for Australia set for overhaul' (afr.com) (20 June 2024)
• Migration Amendment (Strengthening Employer Compliance) Act 2024 (Cth)
• Department of Home Affairs, Australian Government, Latest News (Working holiday Maker program - latest news (homeaffairs.gov.au))
• Australian Government, Prime Minister of Australia, Media Alert, 8 Sep 2023 (A stronger partnership between Australia and the Philippines | Prime Minister of Australia (pm.gov.au))
• Australian Government, Minister for Trade and Tourism Special Minister of State, (https://www.trademinister.gov.au/minister/don-farrell/media-release/trade-deal-india-delivers-29-december)
• SBS News, 'Direction 99 and the pressure on Andrew Giles, explained | SBS News' (30 May 2024)
• Sky News Australia 'Administrative Appeals Tribunal under fire for denying visas to Melbourne family with disabled child, while allowing rapists to stay | Sky News Australia' (14 June 2024)
• SBS News, 'We're caught off guard': Temporary visa holder express concern over the new rules on onshore student visa applications | SBS Filipino' (17 June 2024)
• SBS News 'What will actually happen to 485 visas from July 1st & what will people over the age limit do... | SBS Sinhala' (3 June 2024)
• Department of Home Affairs, Australian Government, Media Release 'Ending ‘visa hopping’ in the migration system' (12 June May 2024)
• SBS News, 'Visa hopping': Government tightens student visa rules further | SBS News (12 June 2024)

?

?

?

?