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July 12, 2024

Changes to Migration in July

Lodgement Fee Increases

Starting the new financial year, the Department of Home Affairs is expected to increase lodgement fees for various visa categories. Typically, these fees rise by a small percentage in July each year. Additionally, fees for appeals to the Administrative Appeals Tribunal will also see an increase.

TSMIT and FWHIT Increases

From July 1, 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will increase to $73,150, excluding superannuation. This adjustment impacts new nomination applications, requiring employers to meet this threshold or the Annual Market Salary Rate (AMSR), whichever is higher. The Fair Work High Income Threshold (FWHIT) will also rise to $175,000, influencing criteria such as age exemptions in employer-sponsored visas and the minimum salary threshold for the Global Talent Independent (GTI) program.

Changes to Visa Conditions 8107, 8607, and 8608

Significant updates to visa conditions 8107, 8607, and 8608 will affect holders of Temporary Work (Skilled) visas (subclass 457), Temporary Skill Shortage visas (subclass 482), and Skilled Employer Sponsored Regional (provisional) visas (subclass 494). These changes include extended time frames for job transitions, increased sponsor responsibilities for reporting employment changes, and strict compliance with licensing and registration requirements specific to occupations. The revisions aim to support visa holders during job changes, enhance regulatory compliance, and encourage a fair and dynamic labor market in Australia.

Changes to Graduate 485 Visa (and Closure of 476 Visa)

The Temporary Graduate visa program will be modified to align visa conditions with current educational and occupational demands. Changes include renaming streams, adjusting age limits, and revising stay durations. For example, the Post-Vocational Education Work Stream will have an age cap of 35 years (50 for certain passport holders) with specific qualification requirements. The Post-Higher Education Work Stream will have updated stay durations and age limits, with some extensions for eligible nationals.

Working Holiday Maker Changes

The Working Holiday visa program will see two key changes:

  • Nationals of the Philippines can now access the Work and Holiday (Subclass 462) visa.
  • UK nationals are no longer required to complete 3 months of “specified work” to obtain their second or third Working Holiday visa.

Deadline Approaching: Legacy 457 Visa Holders Urged to Apply for ENS Subclass 186 Visa by June 30, 2024

The age exemption for legacy 457 visa holders seeking to apply for employer-sponsored permanent residency through the Employer Nomination Scheme (ENS) Subclass 186 visa will cease to be available after June 30, 2024. All eligible applicants are encouraged to submit their applications before this date.

Infringement Notices under the “Strengthening Employer Compliance Act”

The new instrument amends the Migration Regulations in response to the “Strengthening Employer Compliance Act” (SEC Act). It increases the fines payable under infringement notices, introduces infringement notices for violations of newly introduced civil penalty provisions under the SEC Act, and eliminates reduced penalty amounts for first-time infringements. These amendments aim to boost employer compliance with migration regulations by imposing stricter penalties and ensuring consistent enforcement of workplace standards.

Changes to Student Visa Eligibility for Onshore Visitors and Graduates

Starting from July 1, 2024, Visitor (Subclass 600) visas holders, eVisitor/ETA visas, and Graduate (Subclass 485) visas will no longer be permitted to apply for a Student (Subclass 500) visa while they are in Australia. They must apply for a Student visa from outside Australia and await a decision before entering the country. This change is part of the Migration Strategy aimed at preventing “visa hopping” onto the Student visa program.

Health Requirement: Mandatory Hepatitis B Testing for High-Risk Country Residents

Starting July 1, individuals aged 15 years and older who were born in “high-risk” Hepatitis B countries will be mandated to undergo Hepatitis B testing as part of their visa health examinations. This new requirement aims to ensure health security and prevent the spread of Hepatitis B in Australia.

Closure of BIIP and Introduction of National Innovation Visa in 2024

The Business Innovation and Investment Program (BIIP) will officially stop accepting new applications from July 1, 2024. This program will be succeeded by a new National Innovation visa, expected to be launched in late 2024, along with the Global Talent visa.

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