Australian Immigration Law: Key Updates as of 1 July 2024
As of 1 July 2024, the Australian Government has introduced significant changes to immigration laws that impact various visa programs and conditions. These updates will have a considerable effect on sponsor businesses, skilled migrant workers, and temporary visa holders. Below is an overview of the most important changes.
1. Temporary Skill Shortage Visa (Subclass 482)
The Temporary Skill Shortage Visa (Subclass 482), commonly known as the TSS or 482 visa, allows Australian employers to address labour shortages by sponsoring overseas skilled workers. Key updates to this visa include:
- TSMIT Increase: The Temporary Skilled Migration Income Threshold (TSMIT) has been raised from $70,000 to $73,150, effective 1 July 2024. This increase applies to new nominations lodged from this date onward and is aimed at ensuring that migrant workers receive fair wages comparable to local workers.
- Enhanced Labour Market Mobility: New visa conditions (8107, 8607, and 8608) allow 482 visa holders up to 180 days at a time (365 days total) to find a new sponsor, apply for a different visa, or arrange their departure from Australia. During this period, they may work for other employers.
- Reduced Work Experience Requirement: Starting 23 November 2024, the required work experience for the 482 visa will be reduced from two years to one year. This change benefits recent graduates and helps businesses address skills shortages more efficiently.
2. Changes to the Working Holiday Visa (Subclass 417) for UK Passport Holders
UK passport holders will no longer be required to undertake “specified work” to obtain a second or third-year visa under the Working Holiday Visa (Subclass 417) program. This change, effective from 1 July 2024, offers greater flexibility for both employers and visa holders.
3. Visa Pathways for International Students
From 1 July 2024, individuals holding visitor-type visas (Subclass 600, Electronic Travel Authority (Subclass 601), or eVisitor Visa (Subclass 651) cannot apply for a Student Visa (Subclass 500) from within Australia. Instead, they must apply from outside the country. Similarly, Temporary Graduate Visa (Subclass 485) holders will no longer be able to revert to a Student Visa from inside Australia.
4. Visa Changes for Graduates
The Temporary Graduate Visa (Subclass 485) will undergo significant restructuring:
- The “Graduate Work” stream will be renamed “Post-Vocational Education Work.”
- The “Post-Study Work” stream will be renamed “Post-Higher Education Work.”
- The “Second Post-Study Work” stream will also receive a new name, while the “Replacement” stream will be discontinued.
Eligibility will now depend solely on the qualification used to meet the Australian study requirement. The maximum age limit is being reduced to 35 years, except for certain passport holders who may still qualify up to age 50. Stay periods will be adjusted based on the stream and level of qualification.
5. End of the Business Innovation and Investment Program (BIIP)
The Business Innovation and Investment Program (BIIP) will cease from July 2024. Applicants wishing to withdraw their provisional BIIP applications can receive refunds starting from September 2024. However, holders of the provisional 188 visa who are eligible for the permanent 888 visa can still continue on this pathway after July 2024.
6. Introduction of a New “National Innovation Visa”
To attract exceptionally talented migrants, the Australian Government plans to introduce a new National Innovation Visa by the end of 2024. This visa is expected to replace the Global Talent Visa and the BIIP.
7. Increase in Visa Application Charges (VACs)
Effective from 1 July 2024, the following changes will apply to visa application charges (VACs):
- Annual Indexation: VACs will be adjusted annually in line with the forecast Consumer Price Index (CPI) and rounded to the nearest $5.
- Student Visa Fee Increase: The base application charge for Student Visas will rise from $710 to $1,600. Additional charges for accompanying applicants aged 18 and over will increase from $530 to $1,190, while charges for those under 18 will rise from $175 to $390.
VACs for certain visas, such as the Pacific Engagement Visa (Subclass 192) and secondary applicants of the Temporary Work (International Relations) Visa (Subclass 403) in the Pacific Australia Labour Mobility (PALM) stream, will not be indexed.
8. Changes to Visa Conditions for Subclass 482, 457, and 494 Visas
From 1 July 2024, visa conditions 8107, 8607, and 8608 are being updated to combat worker exploitation and increase productivity. These changes will allow visa holders more time to find a new sponsor, apply for a different visa, or arrange their departure from Australia. During this period, visa holders can work for other employers, even in occupations not listed in their original sponsorship nomination.
