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

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. 

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.

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

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
- three years to five years for select Masters degrees
- four years to six years for all Doctoral degrees.

Existing settings for regional and remote Australia will also be maintained, and where relevant, will be eligible for the additional two years.

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:

• Student visa work restrictions were relaxed throughout the COVID-19 pandemic, and completely removed in January 2022 to allow primary and secondary student visa holders to work over their normal limit of 40 hours per fortnight to address workforce shortages;
• At the Jobs and Skills Summit in September 2022, the Government announced that the relaxed enforcement would continue until 30 June 2023. After 30 June 2023, work hours for international students would be capped again. The number of hours would be subject to consultation with peak bodies across industry and education sectors, with a view to striking the right balance between work and study;
• A working group was established to advise the Ministers for Home Affairs and Education on this matter as part of their remit to consider the extension of post study work rights for international graduates.
• In their report to the Government, the working group recommended increasing the cap to 48 hours per fortnight. This recommendation was supported by the Government.
• In an announcement on 21 February 2023, the Government clarified that the cap on work hours would again be enforced from 1 July 2023, however the period of work allowed per fortnight would be increased from 40 hours to 48 hours. The Government considers 48 hours a fortnight as an appropriate balance between work and study, acknowledging that study is the primary purpose of the Student visa.
• The Government also announced that student visa holders already working in the aged care sector on 9 May 2023 can continue to work unrestricted hours in the aged care sector until 31 December 2023. This is being implemented by not enforcing the condition for those who fall within this category.

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.

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.

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

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.

Migration Amendment (Giving Documents and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00026

Original bill: https://www.legislation.gov.au/Details/C2023B00076

The purpose is to:

• improve certainty and consistency in the giving of cancellation-related documents, including by requiring all cancellation-related documents to be given in writing, and confirming that the regulations can prescribe methods for giving such documents;
• ensure that where the Minister gives a document to a person under the Migration Act or Migration Regulations 1994 (Regulations) and makes an error in doing so, the giving of the document is valid where the person actually receives the document; and the document is taken to have complied with requirements as to the content of the document where the Minister has substantially complied with those content requirements and the error does not cause substantial prejudice to the relevant person’s rights (including, but not limited to, rights to seek review in connection with the matter to which the document relates);
• repeal Subdivision AK of Division 3 of Part 2 (Subdivision AK) of the Migration Act to remove the prohibition on non-citizens who are nationals of two or more countries and certain other cohorts making a valid application for a protection visa.  

 Schedule 2 - 24 June 2023

Schedule 1 - by Proclamation or 6 months after 23 June 2023

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

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

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

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

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

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).
https://www.dfat.gov.au/sites/default/files/a-ukfta-innovation-early-careers-skills-exchange-pilot-iecsep.pdf

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. 

 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);
- resident medical officer (ANZSCO code: 253112); and
- medical practitioners (nec) (ANZSCO code: 253999).