Understanding the Latest Immigration Changes: July 2024 Updates

Temporary Graduate (Sc 485) visa changes and closure of Skilled Recognised Graduate (Sc 476) visa Migration Amendment (Graduate Visas) Regulations 2024 makes various changes to the Temporary Graduate (Sc 485) visa and closes the Skilled Recognised Graduate (Sc 476) visa from 1 July 2024. The amendments made by the instrument are outlined below:

Post-Vocational Education Stream

• The Graduate Work stream is renamed the Post-Vocational Education Work Stream. Eligible applicants for that visa need to satisfy the primary criteria in Subdivisions 485.21 and 485.22 of Schedule 2 to the Migration Regulations.
• To be eligible for the Post-Vocational Education Work stream, an eligible applicant must hold an ‘associate degree,’ ‘diploma,’ or ‘trade qualification’ and that must continue to be related to that applicant’s nominated occupation.
• On or after 1 July 2024, eligible applicants are only able to hold one Post-Vocational Education Work stream visa, just as they could previously hold one Graduate Work stream visa.

Post-Higher Education Work Stream

• The Post-Study Work stream is renamed the Post-Higher Education Work stream. Eligible applicants for that visa need to satisfy the primary criteria in Subdivisions 485.21 and 485.23 of Schedule 2.
• An applicant who has graduated with a degree or higher qualification may be eligible to apply for a Temporary Graduate visa in the Post-Higher Education Work stream.
• The restrictions that were in place for applicants whose first student visa was granted because of an application made before 5 November 2011 have been removed.
• Applications for the Post-Study Work stream two-year no visa application charge (VAC) visa extension (the ‘nil’ VAC visa extension), which requires an eligible applicant to hold a select degree, is closed and ceases to be available to all applicants (primary applicants and their family member(s)) from 1 July 2024.
• Eligible Post-Higher Education Work stream visa holders (the first visa) are only able to apply for a second visa in that stream. Additionally, initial Temporary Graduate visa holders in the Post-Study Work stream are able to transition to the Post-Higher Education Work stream.

Age

• The maximum eligible age for the Subclass 485 (Temporary Graduate) visa in the Post-Vocational Education Work stream or the Post-Higher Education Work stream is reduced to 35 years of age and under at the time of application. Hong Kong and British National Overseas passport holders, and Masters (research) and Doctoral degree (PhD) graduates are eligible if they are under 50 years of age.

Closure of Replacement Stream

• The Replacement stream is closed to all applicants from 1 July 2024.

Transitional Subclass 485 (Temporary Graduate) Visa Pathways

The following transitional visa pathways are available to existing Subclass 485 (Temporary Graduate) visa holders, where an eligible application (which includes the primary applicant and any family member(s)) for the subsequent (third or fourth visa) is made on or after 1 July 2024:

• Applicants moving from a Subclass 485 (Temporary Graduate) visa in the Replacement stream, or from a Post-Study Work stream with a ‘nil’ VAC visa extension attached, can apply to move to a subsequent (i.e., third or fourth) visa in the Post-Higher Education Work stream based on study and residence in a regional centre or other regional area, or a designated regional area.

Closure of Skilled Recognised Graduate (Sc 476) Visa

• The Skilled Recognised Graduate (Sc 476) visa is closed to all applicants (primary applicants and their family member(s)) from 1 July 2024.

Student Visa Updates

Legislative Instrument LIN16/016 has expanded from 1 July 2024 to also prevent Temporary Graduate, Maritime Crew, and Visitor visa holders from applying for a Student visa while onshore in Australia. Specifically, these are visa subclasses:

• Subclass 485 (Temporary Graduate)
• Subclass 600 (Visitor)
• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 988 (Maritime Crew)

This is in addition to the visas already on the instrument from which it is not possible to make a valid Student application, which are:

• 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 applicants with a genuine intention to pursue studies in Australia can apply outside Australia. Those who meet the criteria will be granted a Student visa. Students entering Australia on visa subclass 500 will no longer be eligible for the Free Translating Service (FTS). This change was made by the Government as part of Budget 2024-25 and reflects the intent of the FTS to support people settling permanently in Australia in their participation in employment and community engagement.

Temporary Skilled Migration Income Threshold (TSMIT) Increase

The Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 increases the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 to $73,150. This increase is in line with the 4.5% increase to the Average Weekly Ordinary Times Earning figure of November 2023, which was released publicly in March 2023. The increase applies to applications for nominations lodged on or after 1 July 2024. Nominations lodged prior to 1 July 2024 and not yet decided will be assessed against the TSMIT in force at the time of application.

Workplace Justice Visa

The Migration Amendment (Workplace Justice Visa) Regulations 2024 implements a new workplace justice visa that will enable temporary migrants to remain in Australia for a period of time to undertake a workplace justice activity. This visa uses the Subclass 408 Temporary Activity visa stream. The Workforce Justice Visa (WJV) will be implemented as a pilot program and the visa will generally be granted for a period of 6 and up to 12 months. The visa is only available to temporary migrants who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party.

Holders of a WJV will be able to work while they hold the visa, and members of their family unit may also apply for a WJV. This instrument commenced on 1 July 2024. The visa application charge for the Workplace Justice Visa is nil.

Visa Conditions 8107, 8607, and 8608 Changes

The Migration Amendment (Work Related Visa Conditions) Regulations 2024 amend the Migration Regulations 1994 to provide increased mobility to Temporary Work (Sc 457) visa holders, Temporary Skills Shortage (Sc 482) visa holders, and Employer Sponsored Regional (Provisional) (Sc 494) visa holders. The instrument provides current and future holders of these visas a maximum period of 180 consecutive days (an increase from the previous 60 or 90 days) in which they may cease to work in accordance with the normal visa requirements, to enable them to seek an alternative sponsoring employer or depart Australia. Any periods where the visa holder ceased employment prior to 1 July 2024 do not count towards the 180 consecutive days.

During this period, a visa holder may work while they pursue the alternative sponsorship arrangements, including for alternative employers and in occupations other than that for which their visa was granted. The visa holder can also choose not to work during this period. Under the instrument, the proposed total period of time in which a visa holder may cease to work during their visa validity period must not exceed 365 days after the commencement of the instrument. Any periods where the visa holder ceased employment prior to 1 July 2024 do not count towards the maximum 365 days.

Skills Assessing Authority Change

From 1 July 2024, the skills assessing authority for Personal Care Assistant and for Nursing Support Worker under the FNQ DAMA is changing from VETASSESS to ANMAC. The change applies to new skills assessment requests made on or after 1 July 2024. Skills assessments lodged with VETASSESS prior to 1 July will continue to be recognised.

Prospective Partner and Partner Visa Changes

Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 consists of amendments in three substantive parts which include amendments relating to existing or intended partners, amendments relating to prospective partners, and amendments to update language relating to family violence. The instrument makes the following amendments:

Part 1: Amendments Relating to Existing or Intending Partners

• Removes the requirement for a Partner (Sc 309) visa applicant to continue to be sponsored at the time of the decision, where the relationship has ended in one of the relationship cessation provision circumstances (death of sponsor, child of relationship, and family violence).
• Removes the requirement under Sc 309 and Sc 100 to be in Australia at the time of decision to access the death of sponsor provision or the child of relationship provision. Applicants can now access these provisions even where they have not entered Australia at any time since lodgement of the visa application.
• Removes the requirement under Sc 309 and Sc 100 to be in Australia at the time of decision to access the family violence provision and replaces it with a requirement to have entered Australia since lodgement of the visa application.

Part 2: Amendments Relating to Prospective Partners

• Prospective Marriage (Sc 300) visa holders and certain former Sc 300 visa holders can apply for and be granted a Partner (Sc 820/801) visa under the relationship cessation provisions, where they did not marry their former sponsoring partner. (Former Sc 300 holders, regardless of whether they married their sponsoring partner, will not have access to the death of sponsor provision).
• Family violence provisions have been extended and can now be accessed by Sc 300 visa holders and certain former Sc 300 visa holders that did not marry their sponsor, as the wording has been updated to include a prospective spouse.
• Sc 300 holders and certain former holders can apply for and be granted a Partner (Sc 820/801) visa under the child of relationship provision.
• Prospective Marriage (Sc 300) visa applicants will now be able to be granted this visa inside Australia. The Sc 300 visa can now be granted onshore or offshore but must still be applied for offshore.
• Ensures review rights are maintained for Sc 300 applicants, and they are applicable to refusals made before, on, or after 1 July 2024.
• Removes requirements for all Partner (Sc 820/801) applicants to demonstrate ‘close business, cultural, or personal ties’ to Australia where their sponsor has died.

Part 3: Amendments to Update Language Relating to Family Violence

• Replaces references throughout the Migration Regulations from persons having "suffered" family violence to "experienced" family violence.

This instrument commences on 1 July. The amendments made by the instrument apply to a visa application lodged but not finally determined before 1 July and to visa applications lodged on or after 1 July 2024.

Migration Amendment (Visa Application Charges) Regulations 2024

Migration Amendment (Visa Application Charges) Regulations 2024 amends the Migration Regulations to implement the annual indexation of Visa Application Charges (VAC) in line with the forecast Consumer Price Index (CPI) (2.75%) and rounded to the nearest $5. The instrument also implements the 2024-25 Budget Decision Visa Application Charge Uplift.

The instrument increases the VAC for the Student (Sc 500) visa and the Student Guardian (Sc 590) visa by applying a one-off percentage increase, rather than indexation, in accordance with the 2024-25 Budget Decision Visa Application Charge Uplift. As of 1 July 2024, the base application charge component of the first instalment of the VAC for Student visas is increased from $710 to $1,600. The additional applicant charge component for any other applicant who is at least 18 is increased from $530 to $1,190, and the additional applicant charge component for any other applicant who is less than 18 is increased from $175 to $390.

Source: Migration Institute of Australia

Disclaimer:

The information shared by Nationwide Migration and Education on social media and blogs is for general informational purposes only. (The information is accurate at the time of publication but may be subject to change.) It is not legal or immigration advice and should not be relied upon as such.

If you need immigration advice specific to your circumstances,?please book a consultation with our Registered Migration Agent.

?