In a groundbreaking announcement on December 11, 2023, Home Affairs Minister Clare O’Neil unveiled a comprehensive overhaul of Australia’s visa program. At the heart of the reforms is enhancing the overall integrity of Australia’s migration system. The proposed changes include creating clear permanent pathways in the Skilled Migration program with the aim of mitigating migrant worker exploitation, revamping the General Skilled Migration program, and enhancing international education standards with significant changes to the student and graduate visa programs to enhance Australia’s attractiveness as an international destination.  

While these reforms are yet to be implemented, here is a quick overview of the key changes announced:

1.     Skills in Demand Visa Creation:

Under the new Migration strategy, the existing 482 visa will be gradually phased out in 2024, introducing a new 'Skills in Demand' visa. This new visa features a three-tiered approach to temporary skilled migration, valid for four years upon approval, and giving visa holders a pathway to permanent residency.

 Key Features of the visa

-        More flexible pathways to Permanent Residency: all Skills in Demand Visa holders will have a pathway to permanent residency through self-nominated independent permanent pathways, in addition to employer sponsored pathways. Another welcomed change will allow visa holders to count time spent with any approved employer towards meeting permanent residency requirements.

-        Greater flexibility to change sponsors, with 180 days to find a new sponsor if employment ceases with their sponsor instead of the current 60 days.

-        Streamlined Labour Market Testing (LMT): extending the advertising period for LMT from 4 to 6 months. Eventually, LMT will phase out as Jobs and Skills Australia updates the Core Skills Occupation List regularly.

-        Revised Skilling Australians Fund (SAF) Levy payment model: the department is exploring a revised payment model that involves smaller, incremental payments over time.

The finer details of this new visa have not been disclosed yet, but we'll aim to keep you informed as new information becomes available. As per the current government plan, the introduction of this visa is projected for late 2024, pending the introduction of relevant legislation.

 

Safeguarding Work Visa integrity:

To combat migrant worker exploitation and maintain visa system integrity, comprehensive legislation and policies will be introduced. A public register of employer sponsors will also be created to enhance transparency, while new restrictions will aim to deter visa misuse.

2.     Revamping the General Skilled Migration Program

The Australian government plans to reshape Australia's permanent skilled migration framework, including the introduction of a reformed Points Test and introducing a Talent and Innovation visa targeting migrants contributing to critical national sectors.

The finer details are yet to be disclosed, and we will update you as soon as more information is available.

3.     Major reforms proposed to the Student Visa Program

The proposed changes are said to “prevent the exploitation of students and protect Australia’s reputation as a high-quality international education provider.”[1]

Key proposed changes include:

·        Higher English-language requirements

·        Substituting the existing 'Genuine Temporary Entrant' requirement with a 'Genuine Student Test.' This strategic move aims to curb the exploitation of the international student visa program and ensure compliance standards for education providers on a global scale.

·        List of eligible courses is set to shrink, and restrictions on course swapping will be implemented.

4.     Revamping the Temporary Graduate Visa program

·        The maximum age for eligibility for Temporary Graduate Visas will be lowered from 50 to 35 years.

·        The required English language test score will be increased from 6 to 6.5.

·        Holders of Temporary Graduate Visas will no longer be allowed to seek another student visa.

·        Students enrolled in regional areas will qualify for a second visa lasting between 1 to 2 years, contingent on their location.

·        The duration of stay for international graduates will be reduced to 2 years for students enrolled in Bachelors degree or Masters by coursework and to 3 years for Masters by research and PhD students.

5.     Global Talent and Business Innovation and Investment Visa Restructuring

The Global Talent (subclass 858) visa and Business Innovation and Investment (subclass 188/888) visa are poised for a shift towards applicants capable of making distinct and substantial contributions to Australia.

The Department is considering the introduction of a new 'Talent and Innovation' visa, aimed at fostering innovative investments in Australia and broadening opportunities for entrepreneurship.

Additionally, anticipated changes in the Significant Investor stream (SIV) for the Business Innovation and Investment (subclass 188) visa are on the horizon, with additional modifications yet to be disclosed.

 

6.     Priority given to Regional Migration

Under the new Migration Strategy, regional Australia will continue to be prioritised in the visa program. One major measure involves assigning regional Australia as the highest priority for visa processing, a change already implemented shortly after the Minister’s announcement. These initiatives aim to address the ongoing skills gaps and foster growth in regional communities.

7.     Streamlining Migration –simplifying visa subclasses and reducing backlog

The government is set on an extensive simplification agenda to enhance the efficiency of the overall migration system. This initiative involves a reduction in visa classes, streamlining settings, and an overall improvement in user-friendliness. As part of the ongoing effort to streamline the system, redundant and unnecessary visas will also be eliminated, with an aim of simplifying the overall process.

Already in progress, the government has committed resources to diminish visa backlogs and modernise the migration system, ensuring a smoother experience for both migrants and employers.

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Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.

[1] https://minister.homeaffairs.gov.au/ClareONeil/Pages/fixing-australias-broken-migration-system.aspx