Selected Legislation Changes July - December 2023
Change | Details | Effective From |
Payment of fees and charges in foreign currencies |
Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 23/004) 2023: https://www.legislation.gov.au/Details/F2023L00805 Migration (Places and currencies for paying of fees) Instrument (LIN 23/005) 2023: https://www.legislation.gov.au/Details/F2023L00806 |
01 July 2023 |
Visa application charges increase |
Migration Amendment (Visa Application Charges) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00831 The purpose is to amend the Migration Regulations 1994 (the Migration Regulations) to increase VACs for the majority of visas. |
01 July 2023 |
Citizenship application fees increase |
Australian Citizenship Amendment (Indexation of Citizenship Application Fees) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00822 The purpose of this amendment is to increase fees for certain Australian citizenship applications in order to keep pace with the cost of processing applications and delivering the Citizenship Program. |
01 July 2023 |
Tribunal fees increase |
Annual federal courts and tribunals fee increases from 1 July 2023 https://www.legislation.gov.au/Details/C2023G00663 AAT Migration decisions other than relating to protection visas - fee $3,374.00 AAT Migration decisions relating to protection visas - fee $2,076.00 |
01 July 2023 |
Duration of 485 visa, Student visa work rights |
Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00821 Changes to the duration of Temporary Graduate visas The extended stay will be implemented from 1 July 2023. Current settings, detailed in published policy, will be increased by two years. This will extend post study stay in Australia from: - two years to four years for select Bachelor degrees
The visa periods that will apply under policy, to 485 visa applications made from 1 July 2023, will be as follows, subject to any future decisions of Government to change these policies: · a Temporary visa in the Graduate Work steam will be granted for 2 years (This was temporarily increased from 18 months on 1 December 2021 in response to COVID-19, and this measure ceases on 2 September 2023). However, Hong Kong and British National (Overseas) passport holders are granted visas valid for five years (subsequent to Government concessions announced in 2020 and 2021, which include dedicated pathways to permanent residence); · The first Temporary Graduate visa in the Post-Study Work stream will be granted for a period based on eligible Australian qualifications: o Bachelor degree – two years (or four years if specified qualifications are held); o Masters Degree – three years (or five years if specified qualifications are held); o Doctoral degree – six years (all doctoral degrees will be covered). · However, Hong Kong and British National (Overseas) passport holders will be granted first Temporary Graduate visas in the Post-Study Work stream valid for five years. This reflects the existing concessions; · A Temporary Graduate visa in the Post-Study Work stream, based on study and residence in a regional centre or other regional area, will be granted for two years (on the basis previously set out in clauses 485.511 and 485.512A) or for four years if: (i) specified qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport; · A Temporary Graduate visa in the Post-Study Work stream, based on study and residence in a designated regional area, will be granted for one year (on the basis previously set out in clauses 485.512 and 485.512B) or for three years if: (i) specified qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport; · A Temporary Graduate visa in the Replacement stream will be granted for the same period as the visa that is being replaced (i.e. the COVID-19 affected visa), and two years will be added if: (i) specified qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport; · A Temporary Graduate visa in the Post-Study Work stream, based on a ‘nil’ VAC application, will be granted for two years. The two year period will be calculated from the date that the visa held at time of application was originally scheduled to cease. The purpose of the nil VAC visa is to provide a two year extension to the visa held by the applicant at that time, because they hold a specified degree.
Migration (Specified Qualifications Applicable for Extension of Subclass 485 Visa) Instrument (LIN 23/048) 2023 https://www.legislation.gov.au/Details/F2023L00916 This instrument specifies the qualifications that entitle certain graduates from Australian educational institutions to apply for an additional Subclass 485 Temporary Graduate visa in the Post-Study Work stream at no cost – i.e. without paying a visa application charge (VAC).
Changes to the permitted hours of work for Student visa holders The amending Regulations increase the permitted hours of work for holders of Subclass 500 (Student) visas, and for holders of associated bridging visas, from 40 hours per fortnight to 48 hours per fortnight. The background and context to this change is as follows:
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01 July 2023 |
Overseas Organ Transplant Disclosure |
Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 https://www.legislation.gov.au/Details/C2023B00110 This Bill amends the Migration Act 1958 (the “Migration Act”) to better inform the Commonwealth of Australia about persons entering Australia who have received an organ transplant and to enable certain relevant information to be made publicly available. It also amends the Migration Act to allow the Minister to refuse to grant, or to cancel, a person’s visa if the Minister reasonably suspects the person has been involved in conduct constituting an offence involving organ trafficking. |
BILL ONLY |
Strengthening Employer Compliance |
Migration Amendment (Strengthening Employer Compliance) Bill 2023 https://www.legislation.gov.au/Details/C2023B00108 The proposed amendments seek to ensure employers do not misuse migration rules to exploit temporary migrant workers. |
BILL ONLY |
Health Matrix / Medical Assessment |
Migration (Required Medical Assessment) Amendment Instrument (LIN 23/042) 2023: https://www.legislation.gov.au/Details/F2023L00848 The purpose of LIN 23/042 is to amend IMMI 15/144 by: · updating the country list under Column A of Schedule 1 and Column A of Schedule 2 based on low and high Tuberculosis risk countries; and · introducing an express requirement for a Serum Creatinine/eGFR test for the classes of person specified in IMMI 15/144 pursuant to paragraphs 4005(1)(aa) and 4007(1)(aa) of the Migration Regulations. Compilation: https://www.legislation.gov.au/Details/F2023C00541 |
01 July 2023 |
189NZ stream closed |
Migration Amendment (Subclass 189 (Skilled—Independent) Visa in the New Zealand Stream) Regulations 2023 https://www.legislation.gov.au/Details/F2023L00853 - amends the Migration Regulations 1994 (the Migration Regulations) to permanently close the Subclass 189 (Skilled – Independent) visa in the New Zealand Stream to new primary applications. Partners and dependants of primary applicants may still join an undecided application. |
01 July 2023 |
Giving Documents |
Migration Amendment (Giving Documents and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00026 Proclamation: https://www.legislation.gov.au/Details/F2023N00438 Original bill: https://www.legislation.gov.au/Details/C2023B00076 The purpose is to:
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Schedule 2 - 24 June 2023 Schedule 1 - 1 November 2023 |
Giving Documents - Regulations |
Migration Amendment (Giving Documents) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01392 amends the Migration Regulations 1994 (the Migration Regulations) to clarify the requirements relating to the giving of documents relating to the proposed cancellation, cancellation or revocation of the cancellation of a visa (cancellation-related documents). |
1 November 2023 |
ITO relating to LMT |
Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021: https://www.legislation.gov.au/Details/F2023C00507 - compilation reflecting Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022. |
31 May 2023 |
417 - UK applicants - increased age to 35 |
Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023 https://www.legislation.gov.au/Details/F2023L00888 This instrument is to expand the eligibility requirements for United Kingdom applicants for a Subclass 417 visa, by increasing the age from 30 to 35. |
01 July 2023 |
TSMIT increase to $70,000pa |
Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 https://www.legislation.gov.au/Details/F2023L00921 amends Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 The amendments made by this instrument implement a commitment made before the 2022 federal election. The lifting of the TSMIT from $53,900 to $70,000 is the amount the TSMIT would have been, had it been indexed annually since 2013. Compilation: https://www.legislation.gov.au/Details/F2023C00644 |
01 July 2023 |
408 AGEE Covid-19 closure |
Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023: https://www.legislation.gov.au/Details/F2023L01167 amends LIN 22/046 Compilation: https://www.legislation.gov.au/Details/F2023C00848 The purpose of the instrument is to amend LIN 22/046 to gradually close the COVID-19 pandemic event 408 visa to new applications from 2 September 2023. This is designed to encourage individuals to apply for a more appropriate visa to meet their individual circumstances. |
02 September 2023 |
Innovation and Early Careers Skills Exchange Pilot (IECSEP) - Australia - UK |
New short term opportunities for early career and innovative UK citizens to work and live in Australia under the AustraliaUnited Kingdom Free Trade Agreement (A-UKFTA). There are two application streams under the IECSEP ( Applicants can come from any sector.): • Early Careers stream – tertiary qualified UK citizens aged 21-45 can undertake a placement, secondment or intra-corporate transfer for up to a year in Australia in a position relevant to their field of work. • Innovation stream – highly experienced and skilled UK citizens with a demonstrated contribution to innovation, can undertake employment opportunities for up to three years in Australia. Applications will be lodged online and will be processed by the Department of Foreign Affairs and Trade. To live and work in Australia, successful IECSEP applicants will need to be granted a visa by the Department of Home Affairs. The Department of Foreign Affairs and Trade will provide successful IECSEP applicants with a Letter of Support to present to the Department of Home Affairs to support their visa application. IECSEP applicants will apply for a Temporary Work (International Relations) Government Agreement stream subclass 403 visa and need to meet the requirements of this visa. |
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Removal of health workforce certificate requirements from Skilled Occupation Lists (186, 187, 494, 482) |
LIN 23/065: Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023 https://www.legislation.gov.au/Details/F2023L01250 amends: - LIN 19/047 Subclass 187 Visa https://www.legislation.gov.au/Details/F2019L00276 - LIN 19/049 Subclass 186 Visa https://www.legislation.gov.au/Details/F2019L00275 LIN 23/067: Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/067) 2023 (No. 2) https://www.legislation.gov.au/Details/F2023L01249 amends: - LIN 19/048 Subclass 482 Visa https://www.legislation.gov.au/Details/F2019L00274 - LIN 19/219 Subclass 494 Visa https://www.legislation.gov.au/Details/F2019L01403 The purpose is to remove the requirement for employers to provide a health workforce certificate (HWC) or a health workforce exemption certificate (HWEC) for the medical occupations: - general practitioner (ANZSCO code: 253111); |
16 September 2023 |
Evidence of financial capacity - 500 Student visa |
LIN 23/070: https://www.legislation.gov.au/Details/F2023L01349 Compilation: https://www.legislation.gov.au/Details/F2023C00940 The purpose of LIN 23/070 is to amend LIN 19/198 to revise and increase the amount of funds required to be evidenced by a Subclass 500 visa applicant or Subclass 590 visa applicant, to reflect the current cost of living pressures that Subclass 500 and Subclass 590 visa holders will be subject to once they arrive in Australia. This will help to reduce the number of international students experiencing financial hardship while in Australia, and ensure that they have adequate financial support for the duration of their studies. (a) The amount of living costs and expenses required for an applicant seeking to meet the primary criteria for a Subclass 500 visa or Subclass 590 visa under clauses 500.214 or 590.216, respectively: - an increase from AUD21,041 to AUD24,505; (b) The living costs for a spouse or de facto partner of an applicant under clauses 500.214 or 590.216: - an increase from AUD7,362 to AUD8,574; (c) The living costs for each dependent child: - an increase from AUD3,152 to AUD3,670; (d) The annual school costs for each school-aged dependent child: - an increase from AUD8,296 to AUD9,661; (e) The personal annual income for a primary applicant if there is no secondary applicant: - an increase from AUD62,222 to AUD72,465; (f) The personal annual income for a primary applicant where there is a secondary applicant: - an increase from AUD72,592 to AUD 84,543 |
1 October 2023 |
Resolution of Status |
Migration Amendment (Resolution of Status Visa) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01393 This instrument enables permanent residence to be granted to certain cohorts of Temporary Protection and Safe Haven Enterprise Visa applicants, holders and former holders whose individual circumstances were not included in previous amendments, and enhance the ability to verify an applicant’s identity and, if identity issues are found, permit a new protection obligations assessment under some circumstances: - persons who held a TPV or SHEV on the TPV/SHEV transition day, but who failed to apply for a RoS visa before their TPV or SHEV ceased, who were previously unable to apply for a RoS visa; - initial TPV or SHEV applicants (who do not have their own claims for protection, but are a family member of a person who does) who were previously unable to have their TPV or SHEV application converted to a RoS visa application if the family member is found to engage protection obligations; - persons who did not hold a TPV or SHEV on the TPV/SHEV transition day, but who had held a TPV or SHEV before that day, who were previously unable to have their TPV or SHEV application converted to a RoS visa application; and - persons who have previously made a valid application for a TPV or SHEV which was finalised, but who have never held a TPV or SHEV, and who were previously unable to have the current TPV or SHEV application converted to a RoS visa application. Schedule 2 to the Amendment Regulations inserts new time-of-decision criteria in the RoS visa to allow the Minister to investigate and respond to identity related concerns. |
19 October 2023 |
Visa Pre-application Process - Charges |
Migration (Visa Pre-application Process) Charge Act 2023 https://www.legislation.gov.au/Details/C2023A00085 |
after Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 comes in effect |
Australia’s Engagement in the Pacific and Other Measures |
Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00086 |
waiting for proclamation |
Reporting requirements regarding overseas organ transplants |
Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1384 The Bill amends the Migration Act to place new requirements on a person entering Australia to answer questions in their incoming passenger card regarding overseas organ transplants. They will need to declare whether they have received an organ transplant outside Australia within the last 5 years. If the person has received any organ transplants outside Australia within the last 5 years, they will be required to provide the name, and the place (as in the country, and the town or city) of the medical facility where each of those organ transplants took place. This measure will help to improve the Australian Government’s ability to collect reliable data in relation to organ transplants upon persons entering Australia. It will provide much needed data and information about the occurrence, scale and location of potential illegal and unethical organ transplants, assist the Australian Government to monitor potential human rights abuses, and support the work of the Australian Government in combatting organ trafficking. |
BILL ONLY |
The government response to the High Court decision in NZYQ, a cohort of detainees with character issues have been released from detention |
Migration Amendment (Bridging Visa Conditions) Act 2023 https://www.legislation.gov.au/Details/C2023A00093 Explnatory memorandum: https://www.legislation.gov.au/Details/C2023B00170/Explanatory%20Memorandum/Text The Government has introduced this amendment to the Migration Act 1958 with the objective of keeping the community safe and to strengthen the BVR framework to support the effective management of the migration status of this cohort. A BVR permits eligible non-citizens whose removal is currently not reasonably practicable, to lawfully remain in Australia pending removal. The Department may use a BVR where a non-citizen in the NZYQ-affected cohort has no entitlement to remain in Australia and is unlikely to qualify for any other visa. The BVR includes requirements for the person to engage and cooperate with the Department to facilitate their removal from Australia. |
18 November 2023 |
The government response to the High Court decision in NZYQ, a cohort of detainees with character issues have been released from detention - technical amendments |
Migration Amendment (Bridging Visa Conditions) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01629 The Migration Amendment (Bridging Visa Conditions) Regulations 2023 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to: · make technical amendments to provisions enabling the Minister to grant a Bridging R (Class WR) visa (BVR) without application; and · make amendments consequential to amendments of the Migration Act that would be made by the Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Matters) Act 2023 (Serious Offenders Act); and · set out the operation and application of certain visa conditions which must be applied to a Subclass 070 (Bridging (Removal Pending)) visa (BVR) in certain circumstances; and · provide for periodic review of the imposition of certain visa conditions (including curfews and monitoring devices), to ensure appropriate and effective consideration of the visa conditions necessary to manage the risk posed by a BVR holder to the Australian community. |
8 December 2023 |
Further government response to the High Court decision in NZYQ |
Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00110 An Act to amend the law relating to migration, and to protect the Australian community from serious offenders, and for related purposes. |
8 December 2023 |
The court to make an order to cease a dual citizen's Australian citizenship |
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 https://www.legislation.gov.au/Details/C2023A00109 - to enable the Minister to make an application to request that a court exercises its power to make an order to cease a dual citizen’s Australian citizenship, where the person has been convicted of a serious offence or offences. |
8 December 2023 |
Expanding Access to Temporary Residence Transition Stream) |
Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01543 This instrument amends the Migration Regulations 1994 to expand pathways to permanent residence for temporary skilled workers: - expands access to the TRT streams of the Subclass 186 or 187 visas for all holders of SC 482 and SC 457 visas, regardless of the stream in which their visa is held LIN 23/078: Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 https://www.legislation.gov.au/Details/F2023L01531 LIN 23/078 amends the definitions for the classes of persons who are exempt from or are not required to meet the age requirement. (amend LIN 19/216) LIN 23/078 removes skilled occupation list for 186TRT stream - amends LIN 19/049 LIN 23/078 repeals LIN 19/047 (187 skilled occupation list) LIN 23/078 removes a number of covid-19 related concessions - repeals LIN 22/038. |
25 November 2023 |
Covid-19 Concession Period Ends |
LIN 23/063 Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023 https://www.legislation.gov.au/Details/F2023L01542 This instrument specifies 25 November 2023 as the end day of the concession period introduced by the former Government on 19 September 2020, during which time various concessions in relation to visas were provided as a response to the COVID-19 Pandemic. More info: https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147 |
25 November 2023 |
Location Requirements for Grant of Visas 820/309/485 |
Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01544 - to provide flexibility to certain visa applicants by allowing them to be either in or outside Australia at the time of visa grant, recognising the mobility of modern travellers who may have moved locations before a visa is granted. This would provide flexibility in relation to applications for Partner visas and Temporary Graduate visa - provides 309 Partner visa applicants the ability to apply for merits review in their own right |
25 November 2023 |
ART (Administrative Review Tribunal) Bill |
Administrative Review Tribunal Bill 2023 Administrative Review Tribunal Act 2024 https://www.legislation.gov.au/C2024A00040/latest/text Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 https://www.legislation.gov.au/C2024A00038/asmade/text Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024 Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 https://www.legislation.gov.au/C2024A00039/asmade/text The Administrative Review Tribunal Bill 2023 (the Bill) would establish a new, fit-for-purpose, federal administrative review body, to be named the Administrative Review Tribunal (the Tribunal), which will replace the Administrative Appeals Tribunal (AAT). The Tribunal would be made up of eight jurisdictional areas: General, Intelligence and Security, Migration, National Disability Insurance Scheme, Protection, Social Security, Taxation and Business and Veterans’ and Workers’ Compensation. It would also re-establish the Administrative Review Council. The Council’s functions would include monitoring the integrity of the Commonwealth administrative review system, inquiring into and reporting on systemic challenges in administrative law, and supporting education and training for Commonwealth officials in relation to administrative decision-making and the administrative law system. Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024 https://www.legislation.gov.au/F2024L01017/asmade/text |
The Bill passed both houses on 28 May 2024. This Act will commence on a day fixed by Proclamation or 12 months the grant of Royal Assent. 14 October 2024 |
2024 ASEAN-Australia Special Summit |
LIN 23/084: Migration (Australian Government Endorsed Event—2024 ASEAN-Australia Special Summit) Instrument (LIN 23/084) 2023 https://www.legislation.gov.au/Details/F2023L01630 This instrument specifies the 2024 ASEAN-Australia Special Summit as an Australian Government endorsed event for the purpose of clause 408.229(b) of Schedule 2 to the Migration Regulations 1994. It also specifies the class of persons in relation to that event and specifies a nil visa application charge applies. |
9 December 2023 |
LMT streamline |
LIN 23/072: Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 https://www.legislation.gov.au/Details/F2023L01643 amends LIN 18/036 Compilation: https://www.legislation.gov.au/Details/F2023C01149 This instrument amends the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to streamline the labour market testing (LMT) requirements by updating the manner in which LMT in relation to a nominated position must be undertaken. (Workforce requirement removed) |
11 December 2023 |
Migration Strategy Announcement |
The Government’s Migration Strategy was released on 11 December 2023 and outlines a new vision for Australia’s migration system, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. This Migration Strategy is informed by extensive consultation with business, unions and other stakeholders, and more than 450 submissions received as part of the Review of the Migration System. https://immi.homeaffairs.gov.au/what-we-do/migration-strategy Direct link to download pdf: Migration-strategy_11122023 Fact sheet - Student (500) and Graduate (485) Visa Migration-strategy-student-and-graduate-visa-measures-fact-sheet |
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Maximum number of Subclass 476 visas in 2023-24 |
LIN 23/089: Migration (Granting of Skilled—Recognised Graduate (Subclass 476) Visas in Financial Year 2023–2024) (LIN 23/089) Determination 2023 https://www.legislation.gov.au/Details/F2023L01735 This instrument determines the maximum number of Subclass 476 visas that may be granted in the 2023/2024 financial year. Once the maximum number of visas is reached all remaining applications that are still awaiting decision will be taken not to have been made by operation of section 39 of the Migration Act 1958. |
22 December 2023 |