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.

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

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.

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

Migration Amendment (Infringement Notices) Regulations 2024 https://www.legislation.gov.au/F2024L00775/latest/text

Migration Amendment (Strengthening Reporting Protections) Regulations 2024 https://www.legislation.gov.au/F2024L00838/latest/text

- to prescribe:

• circumstances in which the visa of a temporary migrant worker who has been affected by a workplace exploitation matter must not be cancelled (non-discretionary protection); and
• where the non-discretionary circumstances do not apply – matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migration worker (discretionary protection).

 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.

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.

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.

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 Pre‑application 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.

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29 March 2024

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

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

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.

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)

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.

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. 

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.

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).

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.

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

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.

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)

Amending legislation: Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 https://www.legislation.gov.au/F2024L00787/latest/text

Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 https://www.legislation.gov.au/F2024L00751/latest/text

The Amendment Regulations provide current and certain former Prospective Marriage (Subclass 300) visa holders access to the child of relationship provision, and allow them to apply for a Partner (Subclass 820/801) visa under the relationship cessation provisions, even where they have not married the sponsor. 

The Amendment Regulations also remove the requirement to be in Australia at the time of decision for a Partner (Subclass 309) visa where the visa is granted under the relationship cessation provisions. However, in order to access the family violence provision, an applicant must have entered Australia at any point after the visa application was lodged.

The Amendment Regulations also make minor changes to improve alignment between visas in the Partner visa program and simplify criteria for the visas, making them easier to access. 

Removing the requirement for an applicant for a Prospective Marriage (Subclass 300) visa to be in Australia at the time of decision, consistent with settings for other visas in the Partner visa program. The ability for an applicant to seek merits review when granted a visa while onshore has been retained

The Amendment Regulations amend language throughout the Migration Regulations relating to family violence, to bring the legislative language in line with modern terminology. Amendments are also made to the definition of family violence to specify that it may occur between prospective spouses.

01 July 2024

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024 https://www.legislation.gov.au/F2024L00768/latest/text

These amendments enable eligible applicants who hold a valid passport issued by the Republic of the Philippines to apply for a Work and Holiday (Temporary) (Class US) visa.

01 July 2024

Migration Amendment (Graduate Visas) Regulations 2024 https://www.legislation.gov.au/F2024L00748/latest/text

The Subclass 485 (Temporary Graduate) visa in the Post-Vocational Education Work Stream

 - The Subclass 485 (Temporary Graduate) visa in the Graduate Work stream is renamed the Post-Vocational Education Work Stream.

 - To be eligible for the Post-Vocational Education Work stream, an eligible applicant must hold an ‘associate degree’, ‘diploma’ or ‘trade qualification’.

 - That qualification must also continue to be related to that applicant’s nominated occupation.

  - Where an applicant has graduated with a degree or higher qualification, they may be eligible to apply for a Temporary Graduate visa in the Post-Higher Education Work stream.

 - On or after 1 July 2024, eligible applicants are only able to hold one Post-Vocational Education Work stream visa, just as they could previously hold one Graduate Work stream visa.

The Subclass 485 (Temporary Graduate) visa in the Post-Higher Education Work stream

 - The Subclass 485 (Temporary Graduate) (the Temporary Graduate visa) visa in the Post-Study Work stream is renamed the Post-Higher Education Work stream.

 - Applications for the Temporary Graduate visa in the Post-Study Work stream (the Post-Study Work stream) two year no visa application charge (VAC) visa extension (the ‘nil’ VAC visa extension), which requires an eligible applicant to hold a select degree, is closed and ceases to be available to all applicants (primary applicants and their family member(s)) from 1 July 2024.

 - From 1 July 2024, eligible Post-Higher Education Work stream visa holders (the first visa) are only able to apply for a second visa in that stream. Additionally, initial Temporary Graduate visa holders in the Post-Study Work stream are able to transition to the Post-Higher Education Work stream, from that date.

- The restrictions that were in place for applicants whose first student visa was granted because of an application made before 5 November 2011 has been removed.

- eligible qualifications: Migration (Specification of Degrees) Instrument (LIN 24/048) 2024  https://www.legislation.gov.au/F2024L00829/latest/text

Eligible age requirements for initial Subclass 485 (Temporary Graduate) visa applications

 The maximum eligible age for the Subclass 485 (Temporary Graduate) visa in the Post Vocational Education Work stream or the Post-Higher Education Work stream is reduced to 35 years of age and under at the time of application. Hong Kong and British National Overseas passport holders, and Masters (research) and Doctoral degree (PhD) graduates are eligible if they are under 50 years of age.

Closure of the Subclass 485 (Temporary Graduate) visa in the Replacement Stream

 The Subclass 485 (Temporary Graduate) visa in the Replacement stream (the Replacement stream) is closed to all applicants from 1 July 2024.

Transitional Subclass 485 (Temporary Graduate) visa pathways

 The following transitional visa pathways are available to existing Subclass 485 (Temporary Graduate) visa holders, where an eligible application (which includes the primary applicant and any family member(s)) for the subsequent (third or fourth visa) is made on or after 1 July 2024:

• applicants moving from a Subclass 485 (Temporary Graduate) visa in the Replacement stream, or from a Post-Study Work stream with a ‘nil’ VAC visa extension attached, can apply to move to a subsequent (i.e. third or fourth) visa in the Post-Higher Education Work stream based on study and residence in a regional centre or other regional area, or a designated regional area.

01 July 2024

Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 https://www.legislation.gov.au/F2024L00833/latest/text

- to amend IMMI 18/033 to increase the temporary skilled migration income threshold (TSMIT) from $70,000 to $73,150

Migration Amendment (Work Related Visa Conditions) Regulations 2024 https://www.legislation.gov.au/F2024L00776/latest/text.

The amendment Regulations provide current and future holders of these visas a maximum period of 180 consecutive days in which they may cease to work in accordance with the normal requirements of visa conditions that would otherwise restrict their ability to work outside of their sponsorship arrangement.

During this period, a visa holder may work outside of their nominated sponsor, including in occupations that are not listed in their most recently approved sponsorship nomination. If a visa holder has ceased their existing sponsorship arrangement, then they may either search for a new employment sponsor while being unemployed, or engage in work until the limit of 180 consecutive days is reached.

The total period of time in which a visa holder may cease to work in accordance with the normal requirements of these visa conditions must not exceed 365 days after the commencement of the amendment Regulations.

Migration Amendment (Visa Application Charges) Regulations 2024 https://www.legislation.gov.au/F2024L00790/latest/text

Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024 https://www.legislation.gov.au/F2024L00789/asmade/text

Migration Amendment (Workplace Justice Visa) Regulations 2024 https://www.legislation.gov.au/F2024L00837/latest/text

- to implement a new workplace justice visa that enables a temporary migrant to remain in Australia for a period of time to undertake a workplace justice activity. The Workplace Justice Visa operates as a new clause in the subclass 408 (Temporary Activity) visa. Under policy, a Workplace Justice Visa may generally be granted for a period to allow the holder the right to remain in Australia for a minimum period of 6 months or up to 12 months (within a maximum available period of 4 years available under the Migration Regulations).  The visa is only available to temporary migrants in Australia, and who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party.  Workplace Justice Visa holders will be able to work in order to support themselves while they pursue workplace justice. Members of their family unit who are in Australia are also able to apply for this visa.

Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024 https://www.legislation.gov.au/F2024L00831/latest/text

The purpose of this instrument is to specify that the visa application charge is nil for applicants for a Workplace Justice visa.