Summary of migration changes effective 1 July 2024

Summary of migration changes effective 1 July 2024

Starting on 1 July 2024, the Australian Government will introduce substantial changes to immigration policies, affecting multiple visa programs and conditions. These updates will have implications for sponsoring businesses, skilled migrant workers, and temporary visa holders. Below is a summary of the major changes:

Increase to the Temporary Skilled Migration Income Threshold (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from AUD 70,000 to AUD 73,150. This adjustment underscores the government’s position of ensuring fair compensation for temporary skilled workers and safeguarding the Australian labour market. Employers sponsoring skilled workers must adhere to this updated threshold.

Updates to Conditions for 482, 457, and 494 Visas

The conditions for visa holders under the Temporary Skill Shortage (subclass 482), Temporary Work (Skilled) (subclass 457), and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas—specifically conditions 8107, 8607, and 8608—have been updated to offer greater flexibility.

Visa holders now have up to 180 days consecutively, or a total of 365 days throughout the visa period, to find a new sponsor, apply for a different visa, or arrange their departure from Australia. During this time, they are permitted to work for other employers, including in occupations not listed in their original sponsorship nomination, to support themselves financially.

2024-25 budget impact on immigration

The 2024-25 federal budget unveils several new measures affecting immigration policies and programs. Effective immediately, the cap for the Permanent Migration Programme is set at 185,000 places, with 132,200 of those designated for the Skill stream. This adjustment reflects the government’s commitment to addressing long-term skill shortages.

The Business Innovation and Investment Program (BIIP) will be replaced by the National Innovation Visa.

The Business Innovation and Investment Program (BIIP) has been discontinued and will be succeeded by the new National Innovation Visa. This transition reflects Australia’s strategic focus on promoting innovation and attracting top-tier entrepreneurs and investors. The new visa is designed to simplify the application process and offer enhanced support for innovative business initiatives.

Updated exemptions for UK citizens on Working Holiday Visas

UK citizens can now benefit from new exemptions under the Working Holiday Visa program. These changes, which include extending the eligible age range from 30 to 35 years and removing the ‘specified work’ requirement, aim to encourage more young UK citizens to participate in cultural exchange and work opportunities in Australia.

Philippine passport holders can apply for a Work and Holiday (Subclass 462) visa.

Philippino citizens aged 18-30 now have the chance to join Australia’s expanded Work and Holiday (Subclass 462) visa program. This visa permits them to stay in Australia for up to twelve months, allowing them to take on short-term employment and travel around the country.  To be eligible, applicants must hold a tertiary qualification or have completed at least two years of undergraduate or post-secondary education.

Visa hopping restrictions now in place

Starting now, the government will impose restrictions on certain temporary visa holders, preventing them from applying for a student visa while in Australia. This policy affects holders of the Temporary Graduate, Visitor, and Maritime Crew visas, among others. The objective is to curb ‘visa hopping,’ a practice where former international students stay in Australia by moving through various temporary visas, by requiring genuine students to apply from outside the country. Temporary Graduate Visa holders are encouraged to either depart Australia or pursue skilled employment or other visa options that may lead to permanent residency.

Updates to Australia’s Temporary Graduate Visa program

Major changes to the Temporary Graduate Visa (subclass 485) program are now in place. The Graduate Work Stream has been renamed to the Post-Vocational Education Work Stream and now has an age limit of 35 years. However, this age cap is extended to 50 years for Hong Kong and British National Overseas passport holders.

The Post-Higher Education Work Stream will have an age limit of 35 years, except for those holding a Master’s (Research) or Doctoral (PhD) degree, who will be eligible up to 50 years of age.

The Second Post-Higher Education Work Stream will retain its current structure while undergoing a name change, whereas the Replacement Stream will be phased out. These adjustments align with Australia’s changing economic conditions and skill requirements.

The Skilled-Recognised Graduate (subclass 476) visa will be permanently discontinued.

The Skilled-Recognised Graduate (subclass 476) visa has been permanently discontinued, and no new applications will be accepted after today. Previously, this visa was accessible to engineering graduates from designated institutions. The termination of this visa indicates a move towards alternative skilled migration routes.

Assistance for Partner Visa Applicants in Instances of Domestic Violence

With the implementation of the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024, new measures are in place to support partner visa applicants facing family violence. Key changes include expanded eligibility for permanent residency (Subclass 191) even if the relationship has ended, permission for Prospective Marriage (Subclass 300) visa holders to apply for a Partner visa without needing to be married, and the removal of the requirement for applicants to be in Australia when a decision on their application is made (Subclass 309). These amendments aim to provide greater protection and a clearer pathway to permanent residency for affected applicants, enhancing their ability to build a safe life in Australia.

Amendment to Migration Law Enhancing Employer Compliance

The Migration Amendment (Infringement Notices) Regulations 2024 introduces substantial changes to enforce stricter employer adherence to migration laws. Key updates feature heightened penalties for civil infractions, new provisions addressing employer misconduct, the elimination of the half-penalty option for first-time violations, and standardised penalty amounts.