Migration updates in 2024 - summary of implemented & upcoming changes

Changes which have occurred in 2024

The calendar year of 2024 has brought about major migration updates and changes to Australia’s migration program. Broadly, these changes have included:

Student visa changes

  • The Genuine Student test replacing the Genuine Temporary Entrant test for the Student (Subclass 500) visa.

  • The increase of the financial requirements and visa application charges for the Student (Subclass 500) visa.

  • The prohibition of certain temporary visa holders from applying onshore for the Student (Subclass 500) visa.

Temporary Graduate visa changes

  • The reduction in the age limit to 35 years of age for the Temporary Graduate (Subclass 485) visa (with the exception of certain applicants).

  • The reduction in the visa validity period for certain Temporary Graduate (Subclass 485) visa applicants.

  • The removal of the previous (short-lived) 2-year extension for certain Temporary Graduate (Subclass 485) visa applicants.

Business migration changes

  • Permanent closure of the Business Innovation and Investment Program (Subclass 188 and Subclass 888) visas from July 2024 after 0 places were allocated to the Business Investment and Innovation Program (BIIP) in the year 2023-24 in any jurisdiction for new applications.

Skilled migration changes

  • The reduction of places allocated to the Skilled Independent (Subclass 189) visa by almost half (from 30,375 in the 2023-24 Migration Program to 16,900 in the 2024-25 Migration Program)

  • The increase of places allocated to employer-sponsored visas (from 36,825 in the 2023-24 Migration Program to 44,000 in the 2024-25 Migration Program)

  • The increase of the Temporary Skilled Migration Income Threshold (TSMIT) from AUD$70,000 to AUD$73,150.

  • Conditions 8107, 8607 and 8608 now providing Subclass 457, 482 and 494 visa holders with more time to find a new sponsoring employer and allowing them to work for any employer in any occupation in the intervening time.

  • The relaxation of the 2-year work experience requirement for the Temporary Skill Shortage (Subclass 482) visa to potentially include casual work experience which is equivalent to full-time work experience, as well as other full-time and part-time work experience undertaken more than 5 years ago (whereas previous Departmental policy expressly excluded casual work experience and work experience gained more than 5 years before the lodgement of the visa application from being included).

  • The expansion of access to the family violence provisions for certain secondary Skilled visa applicants who are no longer in a relationship with the primary visa applicant.

Working Holiday and Work & Holiday visa changes

  • United Kingdom nationals (British passport holders) no longer have to undertake specified work to obtain their 2nd and 3rd Working Holiday (Subclass 417) visas.

  • The introduction and implementation of a pre-application (ballot) process for the Work and Holiday (Subclass 462) visa for applicants from China, India and Vietnam.

Family violence provisions

  • The expansion of access to the family violence provisions for current and former Prospective Marriage (Subclass 300) visa applicants in addition to Partner (Subclass 309/100) visa applicants who are no longer in relation with their sponsor and have experienced family violence, whereas only Partner (Subclass 820/801) visa applicants and persons who had been granted a Partner (Subclass 309) visa were previously able to be granted a permanent visa under the family violence provisions.

  • The expansion of access to the family violence provisions for certain secondary Skilled visa applicants who (e.g. secondary applicants for Subclass 186, Subclass 187, Subclass 189, Subclass 190, Subclass 191 and Subclass 887 visas) who are no longer in a relationship with the primary visa applicant and have experienced family violence.

  • Family violence survivors not being required to pay additional fees for English language requirements.

  • Family violence survivors not being required to pay additional fees for merits review applications i.e. to the Administrative Review Tribunal (ART) where the visa application was refused because secondary criteria (c.f. primary criteria) for the grant of the visa was not satisfied.

Health requirement

  • Minor visa applicants born and ordinarily resident in Australia with a health condition or disability are now exempt from certain health criteria for the grant of a visa.

Administrative Review Tribunal

  • The Administrative Review Tribunal (ART) has replaced the previous Administrative Appeals Tribunal (AAT) with notable changes to the review application process.

@inclusivemigration Are you up to date with all the migration changes that have happened this year and which may still be around the corner before the end of 2024? Check out our blog post about migration updates in 2024 to find out more. This is general information and does not constitute legal advice. #immigrationlawyer #migrationlawyer #generalskilledmigration #skillsindemandvisa #482visa #186visa #familyviolenceprovisions #189visa #partnervisa #190visa #parentvisasaustralia ♬ original sound - Inclusive Migration Lawyer

Upcoming changes which may still occur in 2024

Notwithstanding the above changes which have already occurred in the 2024 calendar year, further changes may be forthcoming before we enter the new year of 2025:

New National Innovation visa

As announced in the Australian Government’s federal budget for the financial year of 2024-25 in May 2024, a new National Innovation visa will be available at the end of 2024, focusing on highly-skilled individuals who will help to support a stronger, more robust, economy in Australia.

Reduction in work experience requirement for Subclass 482 visa

As announced in the Australian Government’s federal budget for the financial year of 2024-25 in May 2024, the work experience requirement for the Temporary Skill Shortage (Subclass 482) visa program will be reduced from 2 years to 1 year on 23 November 2024, and it has since been suggested that this change may be implemented earlier in November 2024.

New Occupation Standard Classification for Australia (OSCA)

Australia’s employer-sponsored and general skilled migration programs and the interpretation of the occupations which are available for each visa subclass have largely been guided by the Australian and New Zealand Standard Classification of Occupations (ANZSCO), as jointly managed by the Australian Bureau of Statistics (ABS) and Stats NZ Tatauranga Aotearoa (Stats NZ) since it was first published in 2006.

On 6 December 2024, a new classification called the Occupation Standard Classification for Australia (OSCA) will be introduced for Australia to better reflect the contemporary labour market and meet stakeholder needs, replacing the ANZSCO.

New Skills in Demand visa

In December 2023, the Australian Government announced that a new Skills in Demand visa will be introduced in late 2024 which is intended to replace the Temporary Skill Shortage (Subclass 482) visa, and which will encompass three (3) streams:

  1. the Specialist Skills Pathway (for highly skilled migrants of significant economic benefit earning at least AUD135,000 per year in any occupation other than trades, labourers and machinery operators);

  2. the Core Skills Pathway (for persons who are being nominated in an occupation on the Core Skills Occupation List which is still being developed and who earn at least AUD70,000 per year) (this is likely to be increased to AUD73,150 in line with the current TSMIT); and

    • A Draft Core Skills Occupation List (CSOL) has been released for consultation whereby Job and Skills Australia have identified 3 main groups of occupations which may or may not be included in the final CSOL, including occupations that are on the Confident On List, occupations that are on the Confident Off List, and occupations that are on the Targeted for Consultation List.

  3. the Essential Skills Pathway (for persons working in essential skills occupations which are still being considered even if they earn under AUD70,000 per year).

    • There have been indications that this will be based on Australia’s Pacific relationships and/or industry labour agreements presently available for certain sectors such as the aged care sector.

Nonetheless, since the Subclass 482 visa is likely still going to be available as of November 2024, and since the Australian Government is reportedly still working on developing the upcoming Skills in Demand visa, it is unclear as to when the Skills in Demand visa will actually be implemented as well as when the Subclass 482 Visa Program will be formally closed to new applications.

Should you wish to discuss how the above changes to Australia’s Migration Program may affect your immigration options, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.

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New South Wales publishes its skills lists and relaxes its skilled employment definition for the 2024-25 skilled visa nomination program