Australian new migration changes for 2024 | MJLegal

Australian new migration changes for 2024

Amasha
December 12

The migration strategy for the year 2023-2024 has been released by the Australian government. We've summarized some of the key changes that have been proposed by the government for the upcoming year and the impact it will have on migration for the future. 

 

1. Increased English Language Requirements

Starting from early 2024, the English language requirements for both the Student visas and Temporary Graduate visas will be increased. For the Temporary Graduate visa, the required International English Language Testing System (IELTS) score or equivalent has been increase from 6.0 to 6.5. For Student visas the score has been increased from 5.5 to 6.0.

2. Introduction of the Genuine Student Test

A new Genuine Student test will be introduced for all international students, replacing the existing Genuine Temporary Entrant requirement. This test aims to ensure that international students primary intention is to study rather than to work in Australia​​.

This is applicable for students who are applying in and outside of Australia for student visa. The Government will require all qualified students applying from within Australia to submit proof in their application that any subsequent course is advancing their academic or career goals using the new Genuine Student test.

3. New visa streams

The Temporary Graduate visa streams will from now on be called "Post-Vocational Education Work" and "Post-Higher Education Work." Moreover, both the subclass 476 visa and the  "Replacement Stream" of the Temporary Graduate visa's will be abolished. 

The Temporary Skills Shortage(TSS) visa and subsequently the new Skills in Demand visa, will have modified work experience criteria to give Temporary Graduate visa holders greater opportunities to advance to a skilled visa.

Proposed changes to the points system will also provide graduates with skilled occupations with quicker routes to permanent residency.

4. Shorter Post-Study Work Rights

The duration of an initial Temporary Graduate visa will be shortened, and the extension of post-study work rights will no longer be available, except for applicants who studied in a regional area​​.

The new initial Temporary Graduate visa lengths are:

  • 2 years for Bachelor Degree
  • 2 years Masters by coursework
  • 3 years for Masters by research
  • 3 years for PhD

The eligibility for a second Temporary Graduate Visa will be dependent on the location for individuals who have 1–2 years of study in a regional area.

5. Eligible Age Adjustment

Previously, for the Temporary Graduate visa, the maximum eligible age  was 50 years. But now the Temporary Graduate Visa will now only be available to those who are 35 years of age or younger and who can make a sustained economic contribution to Australia.

6. Restrictions on Visa Transfers

The government will impose restrictions on Temporary Graduate visa holders from transferring back to student visas while onshore. This decision was influenced by findings that a significant number of Temporary Graduate visa holders were returning to study after their visas expired, primarily to extend their stay in Australia.

Most of these migrant pursued vocational education and training (VET) courses, even if they already held Bachelor's or Master's degrees, suggesting that the primary intent was to prolong their Australian residency. 

7. The new "Skills in Demand Visa"

The Temporary Skill Shortage visa SC 482 visa will be replaced by the new Skills in Demand visa. This visa is proposed to have three pathways. 

Specialist Skills Pathway

This pathway is designed for highly qualified professionals in recognition of their important contribution to the productivity of Australia. It will assist to attract professionals to areas of great need, such as software engineers spearheading technological revolution, cyber specialists aiding in security, and engineering managers creating innovations for a net-zero economy. It is to be noted that there is no occupation list for this pathway.

The following are eligibility requirements:

  • Fulfilling the standards for character and health
  • Be nominated by an authorized employer.
  • Not have an occupation in the trades work or as  drivers, machinery operators, and labourers.
  • Should obtain the Specialist Skills Threshold income of at least $135,000. This amount cannot be less than what Australian workers in the same profession earn.

Core Skills Pathway

This pathway is designed for the majority of temporary skilled migrants. This pathway aims to meet the skilled labour needs that are now and in the future critical for the provision of products and services. Teachers in secondary schools or registered nurses working in remote hospitals are two examples of this.

The following are eligibility requirements:

  • Have an occupation that is included on the Core Skills Occupation List,  which identifies positions for which there is a shortage in Australia or for which there are international trade agreements.
  • Be paid at or above the Temporary Skilled Migration Income Threshold (TSMIT), which will become the Core Skills Threshold after the new system is put into place, or the applicable average market pay in the event that it exceeds the TSMIT.

Essential Skills Pathway

This path is being created for lower-paid workers who possess essential skills. This pathway is currently under assessment and involves discussions with multiple parties, including state and territory governments, unions, businesses, and migrant workers. The focus of this pathway is on industries and jobs vital to maintaining Australians' quality of life, particularly in areas experiencing ongoing labor deficits.

For the new Skills in Demand visa, the average visa processing time is 21 days and for the Specialist Skills Pathway, it is 7 days.

8. Changes to Work Experience

To give Temporary Graduate visa holders greater possibilities to advance to a skilled visa, the work experience criterion for the existing Temporary Skills Shortage visa and the new Skills in Demand visa will be changed. But the specifics of these modifications, such as the nature of the work experience requirements have not not been detailed. 

9. Changes in Labour Market Testing (LMT)

In an attempt to streamline labor market testing, it is no longer necessary to post job openings through Workforce Australia. 

The labor market testing's validity term has been extended from 4 to 6 months.

Employer-conducted labor market testing may become less common, according to government plans. Rather, they are focusing on putting in place systems for reliable, authentic, and independent labor market demands verification.

10. Changes to sponsorship

The Government plans to expand access to the accredited sponsor program to include start-ups which have secured venture capital funding from a registered venture capital fund.

As part of the government's migration strategy, a public registry of authorized sponsors will also be created.

Information like the number of immigrants sponsored by each employer and their corresponding jobs will be included in the register.

A new approach is being considered where employers would pay trailing charges and fees over time instead of paying all fees upfront.

The fees would include sponsorship fee of $420 and nomination fee of $330. Further the Skilling Australian Fund (SAF) levy will be up to $7200.

11. Allocations for permanent visas

For the year 2023-2024 the government has planned to grant 190,000 permanent visas to migrants.

The allocations are as follows

  • Independent streams will have 93,075 allocation

  • Employer nominated visas will have 36,825 allocations

  • Other talent and Innovation visas will have 7,200 allocations

  • Families will have 52,500 allocations

  • Special eligibility will have 400 allocations

12. Reduction in the types of visas

The types of visas currently stands at around 100. The intricacy of the system has posed difficulties for businesses and migrants alike, as well as hindering the Department of Home Affairs' ability to operate effectively. So as part of a plan to streamline the immigration process, the Australian government has pledged to eliminate unnecessary and duplicative visas.

For example the subclass 101 Child visa (offshore) and the subclass 802 Child visa (onshore) will be merged into a single Child visa. The other visas that will be merged or closed is yet to be announced.

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