Australian Visa System - Summary of Changes since 1 July 2024

Fee changes

• Most of the Visa application charges mainly increased by CPI (Consumer Price Index) i.e 2.8 % increase
• Exception is student and student guardian visas – main applicant increased from $710 to $1600 (125% increase)
• AAT appeal under Part 5 increased from $3374 to $3496 (3.6% increase)

Student visa changes

If an applicant is in Australia and holding one of the following visa, application for a student or student guardian visa is NOT possible,  
- Subclass 403 (Domestic worker stream only)
- Subclass 426 (Domestic Worker (Temporary))
- Subclass 485
- Subclass 600, 601, 602 and 651
- Subclass 771 (Transit)
- Subclass 988 (maritime crew)
- Subclass 995 (Diplomatic) – primary applicant only

Graduate Visas

• New streams – Post-Vocational Education Work (PVEW) and Post-Higher Education Work (PHEW)
• Replacement Stream application no longer available for new applications
• No more than 4 subclass 485 visas to be held
• Must be 35 years or younger
• Must be less than 50 years old, if the applicant holds HK or BNO passport or Completed master degree by research or PhD
• Subsequent PHEW visa still available for regional study and work
• PVEW stream still needs to nominate a skilled occupation on the MLTSSL (no validity requirement to have applied for skills assessment but it is a time of application criterion)
• English language changes already made in March 2024 – note test only valid for 1 year
• Applicants for PVEW must have completed a diploma, associate degree or trade certificate – stay period 18 months (except HK and BNO passports)
• Relevant degrees expanded for the PHEW to include graduate certificates and graduate diplomas, but these not included in the definition of the Australian Study Requirement - stay period 2-3 years (except HK and BNO passports and Indian nationals)

Working Holiday / Work and Holiday Visas

•  UK passport holders can apply for second and third WHV without having to do specified 417 work
•  Philippines is now included in the Work and Holiday Visas (200 annual visas).India was included last year with 1000 annual visas per year.

TSMIT for Employer-sponsored Visas

•  Increased to $73150
•  Only applies to nominations lodged after 1 July 2024 – note that LMT needs to reflect this even if done before 1 July
•  Market rate salary must be more than TSMIT and applicant must be paid market rate – relevant for subclass 482, 494 and 186 nominations

Work conditions on 457, 482 and 494 visas

•  Applies to all visas granted after 1 July 2024 and to any period of the visa after 1 July 2024
•  Changes to 8107 (457 visas), 8607 (482 visas) and 8608 (494 visas)
•  Changes mean person can cease work for up to 180 days but no more than 365 days during visa period – can work for anyone in this period in any occupation

Partner visas

•  Relationship cessation events that can still lead to visa grant (death of sponsor, child of the relationship or Family Violence) extended to subclass 300 visa holders who can still apply  for a subclass 820/801 visa even if they have not married the sponsor provided one of the cessation events has occurred
•  Subclass 300 visas can be granted inside or outside Australia (must be outside Australia at the time of application)

Workplace Justice Visa

•  A new pathway in the 408 (Temporary Activity) visa that will allow people to remain in Australia to undertake a workplace justice activity
•  No sponsorship is needed but to be valid, the application needs a certificate stating that there has been worker exploitation

Some visas and pathways are closing

•  Subclass 476(Skilled – Recognised Graduate) closing – Schedule 1, Item 1228 (3)(aa) states application must be made before 1 July 2024
•  Specialist Qualifications Pathway for 485 applicants allowing longer stay now closed

Changes to policy on health

Policy on health requirement (4005-4007) updated on 1 July 2024 to include:

•  From 1 July, applicants over 15 years applying for provisional or permanent visa that were born in a high risk Hep B country will require screening for Hep B as part of health check
•  “significant” costs have increased to costs more than $86,000 - for temp visa costs are life of the visa, for Perm or prov visas – 5 years (less than 75 years) or 3 years (more than 75 years)

Changes underway (Not implemented yet - Expected soon)

•  Plan migration over a longer-term horizon in consultation with states and territories (2025 migration program)
•  Jobs and Skills Australia to have a role in defining skills needs (Draft CSOL consultations now closed)
•  Explore reformed Points Test (consultation period closed)
•  New Talent and Innovation visa (to be introduced in Nov 2024)
•  Reduce work experience requirement for 482 visas to 1 year (to be introduced in Nov 2024)
•  Regional migration options (consultation process now on)

Changes yet to be actioned:

•  New Skills in Demand Visa with 3 pathways with periods of employment with any employer to go towards PR
•  Regulation of lower-skilled workers with essential skills
•  Trailing fees and charges for employer-sponsored visas
•  Streamline LMT (Workforce Australia requirement already removed but still to implement 6-month LMT validity)
•  Develop a public register of approved employers and strengthen integrity in the approved sponsor process
•  Improve skills recognition and assessment
•  Abolish unnecessary and duplicate visas
•  OMARA to consider regulation of education agents

DISCLAIMER
The content of this briefing is for information purposes only. Whilst every effort has been made to ensure the accuracy of the materials contained here and incorporated by reference, this presentation is not intended to constitute legal or immigration advice or assistance.
No person should act based on the material contained in this presentation without obtaining advice relevant to their own circumstances and without considering and taking professional advice as may be necessary.