Immigration News: Family Violence Provisions, VETASSESS Fee Changes, Release of OSL, Update on Skills in Demand Visa and More

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?? Immigration News ??

Update on new Skilled Visas - Skills in Demand and the National Innovation visa ??

The Department provided valuable insights into the new developments that could impact future skilled visa applications at a recent Department of Home Affairs briefing at the 2024 MIA National Conference in Brisbane.

Here's what we know so far:

Skills in Demand (SID) Visa (Subclass 482)

The Skills in Demand (SID) visa will replace the current Temporary Skill Shortage (TSS) visa, introducing more targeted streams and an expedited pathway to permanent residency. This new visa is set to launch before the end of 2024 and will feature:

• Validity: Up to 4 years for temporary skilled workers, with a clear pathway to permanent residence.
• Streams: Three distinct streams under the SID visa, tailored to different skill levels and requirements:
• Specialist Skills Stream: For highly skilled migrants earning at least $135,000 per year in most occupations, excluding trades, machinery operators, drivers, and laborers.
• Core Skills Stream: Focused on skilled employees meeting a new Core Skills occupation list and income threshold.
• Labour Agreement Stream: Renamed from the TSS Labour Agreement, now part of the Skills in Demand framework.
• Key Changes: The work experience requirement will be reduced to one year, and the current short-term and medium-term streams of the TSS visa will close to new applications.

National Innovation Visa (NIV) (Subclass 858)

The National Innovation visa (NIV) will replace the Global Talent visa (also Subclass 858) but will retain a focus on attracting high-caliber talent from around the world. Set to launch before the end of 2024, this visa is designed for individuals with a significant track record in their fields, including:

• Eligibility: Broad criteria covering global researchers, thought leaders, established entrepreneurs, innovative investors, elite athletes, and creatives, with applicants needing to demonstrate a high level of achievement and recognition.
• Application Process: Invitations only, with an Expression of Interest (EOI) process that mirrors other invitation-based visas.

This update highlights significant changes aimed at better meeting Australia’s skills shortages and attracting top international talent. These adjustments may impact eligibility and pathways for skilled workers and talent worldwide, adding more targeted opportunities for highly qualified applicants.

Family Violence Provisions Introduced Across Skilled Visas ??

The Migration Amendment (Family Violence Provisions) extends protections to secondary applicants of key Skilled visas. Applicants under the following subclasses (186, 187, 189, 190, 191, 858, and 887) may receive visa grants independently if they or their dependents experience family violence. Applicants are also exempt from paying additional Visa Application Charges (VAC) if eligible. This reform applies to both existing and new applications from 15 October 2024.

Secondary applicants may qualify if:

• They or their dependents have experienced family violence committed by the primary applicant.
• They were in Australia when the application was made or entered the country subsequently.
• The primary applicant receives their visa or is refused for family violence-related grounds (e.g., character grounds under the Migration Act).

Notably, secondary applicants under visa subclasses 186 and 187 no longer need to be included in the primary applicant’s nomination at the time of decision. If the Department accepts their family violence claim, they may also seek free merits review should the primary applicant’s visa be refused. Furthermore, the amendment waives additional VAC for those unable to demonstrate functional English if they meet the family violence provisions.

The amendment addresses “one fails, all fail” criteria by requiring all applicants, regardless of family unit status, to meet public interest and return criteria at decision time. Effective from 15 October 2024, these changes apply to all ongoing or future applications.

? NSW Government now accepting applications for Skilled Work Regional Visa (Subclass 491) - Pathway 1 and Pathway 3

The NSW Government has announced that applications are now open for the Skilled Work Regional visa (Subclass 491) nominations under Pathway 1 and Pathway 3. With limited places available for these pathways, eligible applicants are encouraged to apply as soon as possible.

Here’s a summary of the eligibility criteria and requirements for each pathway:

Subclass 491 – Pathway 1: Work in Regional NSW

Pathway 1 is open to all occupations eligible for the Subclass 491 visa. This pathway requires applicants to meet specific work and salary requirements:

• Occupation Requirement: Applicants must currently work in their nominated (or closely related) occupation.
• Location Requirement: Work must be based in a designated regional area of NSW with a single employer.
• Duration of Employment: Applicants must have been employed continuously in their occupation for the past six months.
• Income Requirement: The employer must pay at least the Temporary Skilled Migration Income Threshold (TSMIT) salary rate for the applicant’s occupation.
• Living Requirement Update: The previous requirement to live within NSW has been removed for Pathway 1, providing more flexibility for applicants living in border towns.

Subclass 491 – Pathway 3: Regional NSW Graduate

Pathway 3 is designed for recent graduates who have completed a bachelor's degree or higher from an educational institution in a designated regional area of NSW. Key requirements for this pathway include:

• Qualification Requirement: Applicants must have completed their qualifying study within the two years before applying for NSW nomination.
• Study Relevance: The completed degree must relate to the applicant's nominated (or closely related) occupation.
• Regional Study Points: The qualification must allow the applicant to claim points for ‘Study in regional Australia’ as per Schedule 6D.

With limited allocations for each pathway, this is an important opportunity for skilled workers and graduates looking to build their future in regional NSW. These pathways are tailored to support both regional employment and graduates from NSW institutions, contributing to the growth and development of regional areas across the state.

?? Domestic and Family Violence support services strengthened

To further the government's commitment to the battle against domestic violence and strengthen victim support, the Australian Government allocated $6.1 million to expand the Domestic and Family Violence Support (DFVS) program for visa holders under the 2024-25 budget. Additional initiatives will provide resources and aid to temporary visa holders experiencing domestic abuse.

Changes to NSW enrolment policy for dependents of Temporary Visa holders ??

All temporary residents can now enroll in local schools based on their address! Regional families holding Temporary Skills Shortage visas (Subclass 482) will have their enrolment fees waived. Changes take effect on 1 January 2025.

VETASSESS fee increases ??

VETASSESS will raise skills assessment fees effective 20 November 2024.

• Full Skills Assessment: $1,070 (up from $1,033)
• Sc 485 Assessment: $406 (up from $392)

No changes for priority or trade assessments.

Subclass 482 Visa Work Experience Policy Update

The application policy for the Subclass 482 visa has been made more flexible:

• No longer an expectation for work experience to be in the last five years.
• Casual employment can now count towards meeting the work experience requirement.
• Full-time work experience is preferred but not mandatory for satisfying requirements.
• The work experience period does not need to be continuous.

?? New Occupation Shortage List (OSL) Released

Jobs and Skills Australia reports that 33% of occupations (303 out of 916) are in shortage—an improvement from 2023's 36%. The list helps potential migrants with designated skill set understand where their skills are needed to utilise their competitive advantages for higher chances of being invited.

The link to the list can be found here.

OSCA to Replace ANZSCO in December 2024 ??

On 6 December 2024, Australia will launch the Occupation Standard Classification for Australia (OSCA), replacing the ANZSCO system. This new classification reflects local labor needs of the Australian labour market to streamline targeted skills migrations for filling labour needs.

ANZSCO data will remain accessible online.

??Amendments to Health Requirement Exemptions for Minors

Changes to Public Interest Criteria 4005 and 4007 mean children born and residing in Australia are no longer required to pass health assessments for visa eligibility, even if healthcare costs would burden the public system. The amendment took effect on 16 October 2024.

Refund of Visa Charges for BIIP Withdrawals ??

Applicants of t he Business Innovation and Investment visas (Subclass 132 and Subclass 188) can request a refund of the VAC if withdrawing their applications after 31 July 2024. This follows the program’s closure, with refunds now processed for applicable streams including Significant Investor and Entrepreneur.

?? Skilled Migration Updates for ACT and Tasmania

Work and Holiday Visa Arrangement with the Philippines ??

A new Work and Holiday (Sc 462) visa agreement will allow young Filipinos and Australians to travel and work in each other’s countries. Administrative arrangements are still being finalised, with details expected soon on the Department’s website.

?? AAT Transitioning to ART

The Administrative Appeals Tribunal (AAT) was replaced by the Administrative Review Tribunal (ART) on 14 October 2024. Applications submitted before the transition were automatically transferred. ART's online services became operational on the same day.

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 the circumstances and eligibility.

Immigration and Visa Resources ??

• Work and Holiday Visa (subclass 462): New Ballot System Explained
• Australia Migration Guide for Engineers: Visas, Opportunities and Skills
• Understanding Family Sponsorship for Australia's Subclass 600 Visa
• Important Changes to the Subclass 482 Visa: GTE Policy and Flexible Work Experience Requirements
• Family Violence Protections Now Cover Skilled Visa Holders
• Australia's New Administrative Review Tribunal