Summary of July 1 Migration Changes for Employers

A huge start to the new financial year with so many changes being implemented. The Migration Strategy review is in full swing with piecemeal changes being implemented. These include more Flexibility for Temporary Workers, Stricter Rules for Employers and Students! Starting July 1st, 2024, the Australian Department of Home Affairs unveils significant updates to visa conditions aimed at enhancing worker protections, offering more flexibility for temporary visa holders, and tightening compliance measures for employers. Discover how these changes, including extended transition periods and increased penalties for non-compliant employers, will impact your journey in Australia:

The main changes related to employers or employment of migrants include:

•  Mobility of Employer Sponsored Visa Holders
•  TSMIST increases
•  Visa Application Changes increase
•  TSS Visa Experience requirement to reduce to 1 year from Nov. 24
•  UK Working Holiday Visa (WHV) Extension
•  Visa Hopping Restrictions
•  Tougher Penalties for Employers who breach Immigration Laws
•  ENS Age (legacy) exemption ceased
•  BIIP Program Closes
•  TRA changes for Automotive Trades
•  Philippine Work & Holiday Visa Announced
•  Closure of the (offshore) Recognised Graduate Visa
•  Age increased for Graduate (485) Higher Education Graduates
•  Modern Slavery Amendment Bill Passes
•  Pacific Engagement Visa (Subclass 192) introduced
•  Orana DAMA expands covering Riverina and new occupations added
•  New Western Australia DAMA announced
•  New Ministerial Direction 110 (for character cases)
•  New ASEAN Australian Partnership for the future
•  Konnecting offer FREE visa briefing/training for employers

CHANGES FOR TEMPORARY EMPLOYER SPONSORED WORKERS – Mobility of 482 & 494 Visa Holders

The Australian government has made changes to visa conditions for skilled workers (subclass 457, 482, and 494) to give them more time and flexibility to find a new job if they lose their current one. As part of the strategy to reduce the exploitation of migrant workers, this aims to improve worker protections and boost productivity.

Key points:

For more details, refer to the Department of Home Affairs website.



TEMPORARY SKILLED MIGRATION INCOME THRESHOLD (TSMIT) INCREASES

The Temporary Skill Migration Income Threshold (TSMIT) is being raised from $70,000 to $73,150 effective July 1, 2024. This applies to new employer sponsorship applications submitted after that date. Existing visa holders and nominations are not affected.

For Employers:

UK WHV EXTENTIONS

Starting July 1, 2024, you can now apply for a second or third Working Holiday visa (Subclass 417) without completing the mandatory work requirement in specific industries. This means more freedom to travel and work across Australia during your extended stay. These changes are part of the Australian – UK Free Trade agreement. The eligibility age for UK citizens also increased to 35 years of age. The 6 month work restriction still applies.

For more details on this and other Working Holiday Maker program arrangements, visit the Australian Department of Home Affairs website.

VISA COSTS INCREASE

As part of the annual indexing of visa costs, the following employer sponsored visas have increased:

– TSS visa (Short Term Occupation) from $1,455 to $1,495

– TSS Visa (Medium-Long Term Occupation) from $3,035 to $3,115

– ENS Visa for Primary applicant from $4,640 to $4,770

– Training 407 Training Visa from $405 to $415

– Short Stay Business 400 Visa $405 to $415

– Skilled Employer Sponsored Regional (SESR) 494 Visa from $4,640 to $4,770

Secondary applicant VACs cost have also increase and details will be provided for each visa application.

TSS VISA EXPERIENCE REQUIREMENT TO REDUCE TO 1 YEAR FROM NOV 24

While not implemented on July 1, a very important announcement was slipped into the 2024/25 Federal Budget. Among the changes is the reduction in the work experience requirement for the Temporary Skill Shortage or TSS (subclass 482) visa.

Currently, the subclass 482 visa requires applicants to have worked in their nominated occupation or a related field for at least two years in the five years prior to applying for the visa (post qualification)

From 23 November 2024, the requirements to meet the TSS 482 for visa applicants will be reduced to only require one year of full-time work experience, post qualification. This reform will apply to all streams: the short-term stream, the medium-term stream and the labour agreement stream.

NEW RULES TARGET VISA HOPPING

The Australian Department of Home Affairs has announced new measures to address “visa hopping” within the migration system. Announced on [date of media release], these changes aim to prevent temporary visa holders from extending their stay indefinitely through onshore visa applications.

This initiative aligns with the commitment outlined in the Migration Strategy and the Migration Strategy Action Plan to restrict onshore visa hopping. As discussed during the MIA member sessions on the Migration Strategy in December 2023, these changes were slated to begin implementation in early to mid-2024.

Effective from 1 July 2024, the following changes will be implemented:

The department is currently finalising the legislative instruments to enact these changes. An update will be provided to members once they are available.

The Australian Department of Home Affairs has made changes to the student visa program to ensure visas are granted to genuine students. From July 1, 2024, some temporary visa holders can no longer apply for a student visa onshore. This is to improve the integrity of the student visa program.

This applies to the following visa categories:

• Temporary Graduate (Subclass 485)

• Visitor (Subclass 600)

• Electronic Travel Authority (Subclass 601)

• Medical Treatment (Subclass 602)

• e-Visitor (Subclass 651)

• Transit (Subclass 771)

• Maritime Crew (Subclass 988)

• Diplomatic Temporary (Subclass 995) (primary visa holders only)

• Temporary Work (International Relations) (Subclass 403) – Domestic Worker (Diplomatic or Consular) stream

• Domestic Worker (Temporary) – Diplomatic or Consular (Subclass 426)

If you are interested in studying in Australia, you will need to apply for a student visa from outside the country (offshore). This will allow the Department of Home Affairs to properly assess your eligibility before you arrive.

For further details, please refer to the media release on the Minister for Home Affairs media hub website.

 

TOUGHER PENALTIES FOR EMPOYERS WHO VIOLATE IMMIGRATION LAWS

The Migration Amendment (Infringement Notices) Regulations 2024, which come into effect on July 1, 2024, build on changes introduced by the Strengthening Employer Compliance Act earlier this year. These regulations aim to ensure stricter adherence to immigration laws by employers.

The Australian government is getting tougher on employers who violate immigration laws. They’re increasing fines, eliminating reduced penalties for first-time offenses, and making penalties easier to understand. These changes aim to improve employer compliance with immigration rules.

 

EMPLOYER NOMINATION SCHEME AGE EXEMPTION CLOSED

The age exemption for former Subclass 457 visa holders applying for the Employer Nomination Scheme Subclass 186 visa has expired last June 30,2024.

To qualify for the now-expired exemption, you would have needed to:

This exemption is no longer valid. If you did not meet this deadline, explore alternative ways to qualify for an age exemption for the Sc 186 visa.

Please contact us for other ENS age exemptions which could apply to specific circumstances such as High Income Salary Threshold or Labour Agreement (including DAMA Area) exemptions.

BIIP PROGRAM CLOSED

Business Innovation and Investment (Subclass 188) Visa Closed to New Applications

Effective July 2024, Australia will no longer accept new applications for the Subclass 188 visa (business innovation). This aims to attract highly successful business migrants who can significantly benefit the economy.

Key points:

GREAT NEWS FOR SKILLED AUTOMOTIVE MIGRANTS

Trades Recognition Australia (TRA) now offers a simpler process for qualified immigrants in automotive trades from select countries. As of April 1, 2023, they can skip the Offshore Skills Assessment Program (OSAP) and apply directly for the Migration Skills Assessment (MSA). This is a collaboration to streamline the process. Details on eligible countries and occupations available below:

Occupations: Automotive Electrician, Motor Mechanic (General), Panel Beater, Vehicle Painter, Diesel Mechanic.

Countries of Passport: China, Ireland, Sri Lanka, United Kingdom.

Chinese Panelbeaters for Australia’s immigration need OSAP due to government rules.

For more info:

INTRODUCTION OF THE PHILIPPINES TO THE W&HV SCHEME

As of July 1, 2024, you can apply for an Australian Work and Holiday visa (Subclass 462). This fantastic program lets you explore Australia and work temporary jobs to support your adventures for up to a year.

Here’s what to keep in mind:

Note however, These arrangements will let up to 200 young Filipinos per annum!! We’re sure the demand would vastly outstrip this quota. To learn more about the visa and the educational qualifications, contact us.

 

CLOSURE OF THE SKILLED RECOGISED GRADUATE VISA (Sublcass 476)

The Australian government has announced the closure of the Skilled-Recognised Graduate (Subclass 476) visa program. This change, taking effect on July 1st, 2024, is reflected in the Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024. This instrument eliminates references to the Sc 476 visa and repeals previous instruments (LIN 23/048) that pertained to the Temporary Graduate visa (Post-Study Work stream) and its extensions. The closure extends to visa applications as well, with no further applications being accepted after July 1st, 2024.

GRADUATE 485 VISA UPATES – Good News for Masters (Research) and PhD Graduates!

The Department of Home Affairs has confirmed positive news for graduates with advanced research qualifications applying for the Subclass 485 visa. Following industry advocacy, the age limit for Masters (Research) and PhD holders applying under the Post-Higher Education Work stream (formerly Post-Study Work stream) will remain at 50 years old even after the upcoming policy changes on July 1, 2024.

This means experienced researchers will still have the opportunity to gain valuable work experience in Australia after completing their studies. You can find more details about these changes on the Department’s website under “Changes to the Temporary Graduate visa program – proposed 1 July 2024”.

MODERN SLAVERY AMENDMENT (Australian Anti-Slavery Commissioner) Bill 2023

Australia passed a law in May 2024 creating an Anti-Slavery Commissioner. This new role will:

This is the first step in a series of planned actions to strengthen Australia’s fight against modern slavery.

PACIFIC ENGAGEMENT (Subclass 192) Visa Application Procedure

According to the Migration (Arrangements for Pacific Engagement Visa Applications) Instrument 2024, the Pacific Engagement (Sc 192) visa application can be submitted by completing form 1556 online via ImmiAccount or by emailing form 1556 to the Immigration email address specified in the Department’s written notice.

If the Department provides a written notice authorising the use of a different form, then form 1556 can be submitted through non-internet means. This could occur, for instance, during an ImmiAccount systems outage.

This Visa is effective from 15 May 2024.

ORANA DAMA EXPANDS TO COVER RIVERINA AND NEW OCCUPATIONS ADDED

The Orana DAMA website has been updated and is now live. The website now includes information on the recent changes to the Orana Designated Area Migration Agreement (DAMA), which has expanded to include four additional Regional Development Australia regions. This expansion covers a total of 53 local government areas (LGAs) and includes 129 occupations, aimed at addressing critical skill shortages by allowing employers to hire skilled workers.

Members can visit the updated Orana DAMA page on the RDA Orana website.

NEW WESTERN AUSTRALIA DAMA ANNOUNCED

The Western Australian and Albanese Labor Governments have signed a deal for 10,000 skilled migration places for 2024-25, creating more opportunities for the State’s economy and residential construction industries.

Under the deal struck this week, the migration places will be split between the State Nominated Migration Program (SNMP) and a newly established WA Designated Area Migration Agreement (DAMA).

For more details on the announcement, refer to Skilled worker boost to ease labour shortages | Western Australian Government (www.wa.gov.au)

 

NEW MINISTERIAL DIRECTION 110 (Character Cases)

On 7 June 2024, Ministerial Direction 110, concerning visa refusals and cancellations under section 501 and the revocation of mandatory cancellations under section 501CA, was officially signed. This new directive emphasises that the foremost consideration for decision-makers should be the protection of the Australian community when determining whether to refuse or cancel a visa under section 501 or to revoke a mandatory cancellation under section 501CA.

 

Ministerial Direction 110 will replace Ministerial Direction 99 when it takes effect on 21 June 2024. For more information, please contact us.

 

NEW ASEAN – AUSTRALIAN PARTNERSHIP FOR THE FUTURE

On July 1, the Government implemented a new partnership, with people from Association of Southeast Asian Nations (ASEAN) countries and Timor-Leste now have more opportunities to do business in Australia.

Australia has extended the time people from these nations can visit to conduct business. This will boost trade, people to people links, investments and grow jobs.

They have extended the business visitor visa to up to 5 years, instead of up to 3 years, for applications lodged after 1 April 2024. These changes were announced by Prime Minister Albanese at the 2024 ASEAN-Australia Special Summit held in March.

Business visitors with a Visitor (subclass 600) visa can stay in Australia for up to 3 months at a time during multiple visits, for up to 5 years. Visa holders can visit to:

• negotiate contracts

• make general business or employment enquiries

• participate in conferences or trade fairs

• be part of official government visits.

More information the Departments website. 

FREE MIGRATION & VISA TRAINING FOR EMPLOYERS

So, as you can see a massive amount of changes in the Australian migration space. Contact us for more information or if your organisation requires briefing or training on these or any other migration matter.

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