Selected Legislation Changes January - June 2024

Change Details In Effect From
 408 Covid Visa End

Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024: https://www.legislation.gov.au/F2024L00100/latest/text

The Government announced on 31 August 2023 that the Pandemic event visa will close to all applicants from February 2024.

 01 February 2024
MATES scheme (Australia - India)

Mobility Arrangement for Talented Early-professionals Scheme (MATES) - On 23 May 2023, Australia and India entered into a Migration and Mobility Partnership Arrangement (MMPA). The MMPA is a bilateral framework that supports and promotes two-way migration and mobility between our two countries while addressing issues pertaining to illegal and irregular migration.  

MATES will be open to Indian nationals who:

- are aged 30 or younger (inclusive) at the time of application;
- have not previously participated in MATES;
- have proficient English language skills (overall IELTS or equivalent score of at least 6, with a minimum score of 5 for each of the four parts);
- have graduated within 2 years from an eligible educational institution at the time of application; and
- hold a qualification (Bachelor’s degree or higher) in one of the following: renewable energy, mining , engineering, Information Communications Technology (ICT), artificial intelligence (AI) , financial technology (FinTech), agricultural technology (AgriTech).

Info sheet:Mates-fact-sheet-2024

Source:  https://minister.homeaffairs.gov.au/AndrewGiles/Pages/australia-and-india-become-closer-mates-under-new-mobility-arrangement.aspx

TBC
Critical Technology Study

LIN 24/009: Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 https://www.legislation.gov.au/F2024L00183/asmade/text

The purpose of this Instrument is to allow for the use of computerised decision-making in certain circumstances. Specifically, by determining that condition 8208 is part of the designated migration law, this allows the Minister to arrange for the use of computer programs to make a decision, exercise a power or comply with an obligation, or do anything else relating to a decision, power or obligation, in relation to critical technology related study under condition 8208.

LIN 24/010: Migration (Critical Technology⸺Kinds of Technology) Specification (LIN 24/010) 2024 https://www.legislation.gov.au/F2024L00182/asmade/text

This instrument is made to specify the kinds of technology for the purposes of the definition of critical technology in regulation 1.03 of the Migration Regulations.
The definition of critical technology in regulation 1.03 underpins the meaning of unwanted transfer of critical technology provided by subregulation 1.15Q(1) for the purposes of PIC 4003B and the Migration Regulations more broadly.

1 April 2024
Strengthening Employer Compliance

Migration Amendment (Strengthening Employer Compliance) Act 2024 https://www.legislation.gov.au/C2024A00001/latest/text

- amends the Migration Act to improve employer compliance and protect temporary migrant workers from exploitation

 1 July 2024
Modern Slavery Amendment

 Modern Slavery Amendment (Australian Anti‑Slavery Commissioner) Act 2024 https://www.legislation.gov.au/C2024A00042/latest/text

The Act establishes the Australian Anti-Slavery Commissioner as an independent statutory office holder within the Attorney-General’s portfolio to provide an independent mechanism for victims and survivors, business and civil society to engage on issues and strategies to address modern slavery.

 by Proclamation or 12 June 2025
Student visa changes

Migration Amendment (Subclass 500 Visas) Regulations 2024 https://www.legislation.gov.au/F2024L00322/asmade/text

amends the Migration Regulations 1994 (the Migration Regulations) to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Subclass 500 (Student) visa applicants intend to genuinely stay in Australia temporarily (genuine temporary entrant requirement).

Genuine Student requirement: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/genuine-student-requirement
Ministerial Direction No 106: https://immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-106.pdf

Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024 https://www.legislation.gov.au/F2024L00366/asmade/text

The purpose of the instrument is to specify English language proficiency requirements to satisfy the criterion for the grant of a Subclass 500 (Student) visa in subclause 500.213(1). The instrument operates to increase the required English language test scores, following the release of the Government’s Migration Strategy, to improve the integrity of the student visa program. The instrument also specifies the class of applicants to which English language requirements do not apply under subclause 500.213(2).

On 26 July 2023 the TOEFL internet-based test (TOEFL iBT) stopped offering English language tests for Australian visa purposes. A score for a TOEFL iBT test taken on or after 26 July 2023 will no longer satisfy the English language requirement for Student visa purposes. Only TOEFL iBT scores from a test taken on or before 25 July 2023 are accepted for Student visa purposes.

From 12 February 2024, only results from the paper-based Cambridge C1 Advanced test (previously known as Cambridge English: Advanced CAE) will be accepted for Australian visa and migration purposes. Test scores for both C1 Advanced paper-based and computer-based tests, taken before 12 February 2024, within the specified validity period are still accepted.

 23 March 2024
485 Graduate visa changes

Migration (English Language Requirements for Subclass 476 (Skilled – Recognised Graduate) and Subclass 485 (Temporary Graduate) Visas) Instrument (LIN 24/021) 2024 https://www.legislation.gov.au/F2024L00364/asmade/text

The minimum score required increases from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking and listening)

Passport holders from Hong Kong and British National Overseas (BNO) are not required to meet this increases minimum English language requirement. The settings for this cohort remains at IELTS 6.0 (or equivalent), with a minimum score of 5.0 for each component of the test (reading, writing, speaking and listening)
The test validity window for all Temporary Graduate visa applications decreases from three years to one year.

On 26 July 2023 the TOEFL internet-based test (TOEFL iBT) stopped offering English language tests for Australian visa purposes. A score for a TOEFL iBT test taken on or after 26 July 2023 will no longer satisfy the English language requirement for Student visa purposes. Only TOEFL iBT scores from a test taken on or before 25 July 2023 are accepted for Student visa purposes.

 23 March 2024
Australia’s Engagement in the Pacific

Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 https://www.legislation.gov.au/C2023A00086/asmade/text

-  to conduct a visa pre‑application process (ballot), involving the random selection of registered participants who will then be permitted to lodge an application for a relevant visa.

Migration (Visa Preapplication Process) Charge Act 2023 https://www.legislation.gov.au/C2023A00085/asmade/text

- An Act to impose a charge on the registration of a person as a registered participant in a visa pre‑application process, and for related purposes

Migration (Visa Pre-application Process) Charge Regulations 2024 https://www.legislation.gov.au/F2024L00328/latest/text

- The Regulations prescribe an amount of AUD25 as the charge for registration as a registered participant in a ballot for the new Pacific Engagement visa. 

Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024 https://www.legislation.gov.au/F2024L00327/latest/text

The Pacific Engagement visa will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. Inclusion of countries in the program will be on the basis of consultation and agreement between Australia and eligible countries. The new visa seeks to deepen Australia’s connections to the region by growing the Pacific and Timor-Leste diaspora in Australia and encouraging a greater cultural, business and educational exchange. The new Pacific Engagement visa will be available to applicants who are citizens of a relevant country and are randomly selected on the basis of a ballot conducted in accordance with a visa pre-application process for that country.

More info: https://minister.homeaffairs.gov.au/AndrewGiles/Pages/key-milestone-for-pacific-engagement-visa-program.aspx

Migration (Subclass 192 (Pacific Engagement) Visa Pre‑application Process) Determination (LIN 24/011) 2024 https://www.legislation.gov.au/F2024L00514/asmade/text

The purpose of the instrument is to make a determination in relation to visa pre-application processes for the random selection by ballot of registered participants who are citizens of Pacific island countries and Timor-Leste to which a visa pre-application process relates.  Selected registrants will be able to apply for a permanent Subclass 192 (Pacific Engagement) visa.

Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024 https://www.legislation.gov.au/F2024L00515/asmade/text

The instrument specifies, for the purposes of clause 192.214 of Schedule 2 to the Migration Regulations, English language test requirements that an applicant (or the applicant’s spouse of de facto partner, if making a combined application) may be required to satisfy for a Subclass 192 (Pacific Engagement) visa.

Migration (Credit Card Surcharge) Instrument (LIN 24/024) 2024 https://www.legislation.gov.au/F2024L00516/asmade/text

The instrument repeals Migration Regulations 1994 - Types of Fees or Charges - IMMI 14/053 (F2014L00895), to allow an additional payment type, visa pre-application process fees and charges, to also be specified as a type of payment for which a person may be liable to pay a surcharge if the payment is made by credit card.

Migration (PayPal Surcharge) Instrument (LIN 24/025) 2024 https://www.legislation.gov.au/F2024L00517/asmade/text

The instrument repeals Migration Regulations 1994 - Specification of Types of Fees and Charges 2016/083 - IMMI 16/083 (F2016L01414), to allow an additional payment type, visa pre-application process fees and charges, to also be specified as a type of payment for which a person may be liable to pay a surcharge if the payment is made by PayPal.

.

29 March 2024

PALM Scheme - secondary aplpicants

Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 https://www.legislation.gov.au/F2024L00333/asmade/text

The Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to commence a pilot to allow family members of certain long-term workers participating in the PALM scheme to travel to and live in Australia on a temporary basis.

25 March 2024

Skills in Demand Visa - Core Skills Occupation List

Jobs and Skills Australia (JSA) has opened consultation on the new Core Skills Occupation List (CSOL). This JSA consultation refers to the Core Skills pathway for occupations being paid a median salary above $70,000 and below $135,000. The consultation information may be accessed on the JSA website https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation

 
Dependent Secondary Partner Visa Applicants Concessions

Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024 https://www.legislation.gov.au/F2024L00417/asmade/text.

- to amend the Migration Regulations 1994 (the Migration Regulations), to enable a cohort of secondary applicants for Subclass 309 (Partner (Provisional)) and Subclass 100 (Partner) visas who, due to the impact of the now revoked Ministerial Direction 80, no longer meet the age requirement for the visa, to be eligible for the grant of the visa. Ministerial Direction 80 gave the lowest processing priority to applications for Family visas where the sponsor was a permanent resident who entered Australia as an Unauthorised Maritime Arrival, and was revoked on 9 February 2023.

3 April 2024
Parent Visas and Other Family Visas During Financial Year 2023-2024

Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) 2024 https://www.legislation.gov.au/F2024L00428/latest/text

The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas during the 2023-2024 financial year between 1 July 2023 and 30 June 2024 (inclusive)

03 April 2024
BVR changes

Migration Amendment (Bridging Visas) Regulations 2024 https://www.legislation.gov.au/F2024L00441/asmade/text

This amendment simplifies and enhances the effective administration of the BVR scheme:

- amend regulation 2.04 to confirm that, while the circumstances in which a visa may be granted are generally set out in Schedule 2 to the Regulations, this is subject to other provisions of the Regulations that may deal with the circumstances applicable to grant (such as subregulation 2.25AB(2)); and
- amend regulation 2.25AB to remove the requirement to hold a BVR to be eligible for grant of a further BVR under this regulation, and replace this with a requirement for the Minister to be satisfied that the non‑citizen does not hold a substantive visa, a criminal justice visa or an enforcement visa to be eligible for grant of a BVR under this regulation.

12 April 2024
Student visa - English tests exemptions

LIN 24/043 Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Amendment (Pathway Programs) Specification 2024 https://www.legislation.gov.au/F2024L00471/asmade/text

- amends Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024 to insert new Schedule 2, which lists registered courses that are specified to be eligible pathway programs for the purposes of LIN 24/022 in relation to English language requirements and related test scores. Only pathway programs specified in Schedule 2 will meet the definition of an eligible pathway program for the purposes of LIN 24/022. These courses have been identified as delivering reputable English language training through rigorous consultation with the university sector. 

20 April 2024
Student visa - increased financial capacity requirement

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 24/042) Specification 2024 https://www.legislation.gov.au/F2024L00529/latest/text

The purpose of LIN 24/042 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 these visa holders will be subject to once they arrive in Australia.

The adjusted figures result in an increase of approximately 21 percent from the previous figures. These adjustments and the corresponding amendments of LIN 19/198 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.

10 May 2024
NIL VAC for CCAMLR applicant fror 600, 400, 408 visa

Migration (Class of Persons for Nil VAC—CCAMLR) Instrument (LIN 24/036) 2024 https://www.legislation.gov.au/F2024L00508/latest/text

The purpose of this instrument is to specify the classes of persons who do not have to pay the visa application charge (VAC) when applying for a visa to enter Australia on the basis that they have official business with the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). This includes people who are representatives of a Party and their family members, staff members of CCAMLR and their family members, experts or consultants on missions for CCAMLR, and observers (CCAMLR applicants).

03 May 2024
Health requirements / health matrix update

Migration (Required Medical Assessment) Amendment Instrument (LIN 24/032) 2024 https://www.legislation.gov.au/F2024L00628/asmade/text
 amends IMMI 15/144 https://www.legislation.gov.au/F2015L01826/latest/text

The primary purpose of LIN 24/032 is to introduce a mandatory hepatitis B testing requirement for certain classes of persons specified in IMMI 15/144 as recommended by the Department of Home Affairs’ (the Department) Clinical Advisory Team and Chief Medical Officer. Pursuant to paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Migration Regulations, this instrument specifies the class of persons who are aged over 15 years of age and who are born in a high hepatitis B risk country or jurisdiction. An applicant who is a member of this class of persons must undertake mandatory hepatitis B testing.

LIN 24/032 also clarifies the meaning of ‘provisional visa’, a term which is used to identify certain temporary visa subclasses. Medical assessment requirements for provisional visa applicants are equivalent to those for permanent visa applicants.

01 July 2024
Annual Increase of courts and tribunal fees

Annual federal courts and tribunals fee increases from 1 July 2024 https://www.legislation.gov.au/C2024G00340/asmade/text

Application fee – review of decisions other than decisions relating to protection visas $3,496.00

Application fee – review of Part 7-reviewable decisions relating to protection visas $2,151.00

01 July 2024
WHV - British citizen or a British national (overseas).exempted from specified Subclass 417 work

Migration (Specified Subclass 417 Work Exemption) Instrument (LIN 24/039) 2024 https://www.legislation.gov.au/F2024L00661/asmade/text

The instrument is made following Australia becoming a signatory to the Australia-United Kingdom Free Trade Agreement (the A-UKFTA), which was signed on 17 December 2021 and came into force on 31 May 2023. Under the terms of the A-UKFTA ‘Side Letters on Mutual Understandings on Mobility’, the Australian and United Kingdom Governments agreed to exempt eligible citizens, who participate in the Working Holiday Maker program from working during their stay in Australia or the United Kingdom.

Through this instrument, the Australian Government is complying with its Working Holiday Maker commitments under the A-UKFTA and it enables eligible second and third Subclass 417 (Working Holiday) visa applicants, who are citizens of the United Kingdom, to continue to participate in the Working Holiday Maker program without needing to undertake and satisfy the ‘specified Subclass 417 work’ requirement provisions within the Migration Regulations.

 01 July 2024
Restrictions on applying student visa onshore

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://minister.homeaffairs.gov.au/ClareONeil/Pages/ending-visa-hopping-migration-system.aspx

Fact sheet

Legislative Instrument LIN16/016 will be expanded from 1 July 2024 to prevent Temporary Graduate, Maritime Crew and Visitor visa holders from applying for a Student visa while onshore in Australia. Specifically, these are visa subclasses:
o Subclass 485 (Temporary Graduate)
o Subclass 600 (Visitor)
o Subclass 601 (Electronic Travel Authority)
o Subclass 602 (Medical Treatment)
o Subclass 651 (eVisitor)
o Subclass 988 (Maritime Crew)

01 July 2024
Share |

Recent News

  • 189NZ Requirements Relaxation - 10 December 2022

    13.12.2022

    Applicants are not required to satisfy the New Zealand stream specific criteria relating to a period of residence in Australia, minimum taxable income and health. In addition, family members of primary applicants who made a Subclass 189 (Skilled – Independent) visa application in the New Zealand stream prior to the commencement of the Amendment Regulations are also not required to satisfy the health criteria. This applies to only already lodged application before 10 December 2022. More info in the legislative update summary

     



  • 408 AGEE COVID-19 VISA UPDATE - 14 MAY 2021

    14.5.2021

    The updated legislation dealing with 408 Covid-19 Pandemic Visa came in effect today.

    We have prepared a structured summary of requirements for this visa on our website: http://visa.ozhome.info/visa/408-covid-19-pandemic




  • Priority Migration Skilled Occupation List - September 2020

    7.9.2020

    The Priority Migration Skilled Occupation List (PMSOL) identifies 17 occupations which fill critical skills needs that support Australia’s economic recovery from COVID-19 based on expert advice from the National Skills Commission and consultation with Commonwealth departments. More info here

  • New GSM points test 16 November 2019

    31.7.2019

    We prepared a new interactive GSM points test that will be in place after 16 November 2019 - check your points score here



  • New skilled occupation lists 11 March 2019

    12.3.2019

    New occupation lists came in force on 11 March 2019




Older »

Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents. 

The Code of Conduct:

(a) protects clients of migration agents; and

(b) strengthens the integrity of the immigration advice industry and Australia’s immigration system.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958.

https://www.legislation.gov.au/Details/F2021L01856

Consumer protection - see MARA Consumer Guide.

We Are a Member of the MIA

Migration Institute of Australia

Ales Welter (MIA:10623) is a member of the Migration Institute of Australia (MIA). MIA members must abide by a Code of Ethics and Practice which is designed to protect members and the reputation of the profession by assisting agents to maintain the highest standards of professionalism.

You will find us...

OZ HOME MIGRATION

Ales Welter  MARN 1464306

Level 15 Corporate Centre One

2 Corporate Court

Bundall QLD 4217

OZ HOME MIGRATION

Ales Welter  MARN 1464306

Level 2 Kings Court

8-12 King St

Rockdale NSW 2216

Website Photos

We would like to thank Marian Riabic who has provided photographs to our website. Marian can be contacted on 0417 774 174 if you are interested in his photos.