Australia's Immigration Overhaul: Navigating the Path to a Streamlined Future
Australia started a radical overhaul of its immigration system on December 11, 2023, in an effort to resolve the many issues and inefficiencies that had troubled the procedure for years. The Migration Department's major action is a start toward a 10-year rebuild, with a primary emphasis on the international education and temporary skilled migration sectors. With the acknowledgment of the flaws in the existing system by government officials, including Australian Prime Minister Mr. Anthony Albanese, the need for change became evident. The proposed 8-step policy roadmap aims to tackle issues such as prolonged processing times for visa applications, ensuring a more efficient and a fair system for both migrants and the wider Australian society.
Temporary Skilled Migration Reforms:
Under the new strategy, the Skills in Demand Visa has been introduced to address labour shortages and create a clear pathway to permanent residency. Replacing the Temporary Skill Shortage visa, this 4-year temporary skilled worker visa offers flexibility in job switching, reducing the likelihood of unfair treatment while boosting productivity benefits for employers and the economy.
The Skills in Demand Visa includes three distinct pathways:
Specialist Skills Pathway: Targeting highly skilled specialists with a minimum earning of $135,000, excluding trades workers, machine operators, and labourers.
Core Skills Pathway: Catering to targeted workforce needs with an increased threshold for the Temporary Skilled Migration Income Threshold (TSMIT), and a new core skills occupations list.
Essential Skills Pathway: Aimed at lower-paid workers in sectors with labour agreements, streamlining labour market testing and increasing the validity period.
In a significant move towards streamlining labour market testing, the Government has eliminated the need to advertise positions through Workforce Australia. Additionally, there are plans to extend the validity period of advertisements from the existing 4 months to a more accommodating 6 months.
In addition, visa holders will now have 180 days to find another sponsor if the employment relationship with a sponsor ceases. This is an increase from the previous 60-day period. Changes have been implemented regarding the upfront SAF levy, which will see trialling of these costs to be paid by employers on either a fortnightly or monthly basis.
Permanent Skilled Workers Program:
The government aims to grant 190,000 permanent visas in 2023–24, with a reduced employment period requirement, for Temporary Skill Shortage visa holders transitioning to the Temporary Residence Transition stream. That is, from three to two years.
Notably, any period of employment with an approved employer will contribute towards the mandatory employment duration for permanent residency under the sponsored visa streams.
Still in discussion in the government is proposed changes to the points test, and introduction of a new Talent and Innovation visa to drive growth in crucial sectors.
International Education System Reforms:
Australia's commitment to enhancing its international education system involves raising English language requirements, increased savings for student visa eligibility, and a strengthened genuine student test. The government emphasizes additional scrutiny for international students, reducing visa hopping, and introducing a new age limit for Temporary Graduate visa applicants. The key proposed reform to the international education visa programs include:
Increased English Language Requirements will see the IELTS score required for the Temporary Graduate Visa increase from 6.0 to 6.5; the Student Visa IELTS score requirement increases from 5.5 to 6.0; and for all ELICOS Programs the IELTS score requirement increases from 4.5 to 5.0.
Increased savings for international students applying for a student visa, now requiring evidence of $24,505.
Strengthened Genuine Student Test to replace the Genuine Temporary Entrant (GTE) requirement, focusing on eliminating visa hopping and ‘permanent temporariness.’
Ministerial Direction No. 105 came into effect 15 December 2023 as part of this strategy. The direction focuses on supporting support the integrity of processing in the student visa caseload, through crucially focusing on key areas of consideration required for grant of student visas.
Restrictions on Temporary Graduate Visa Holders Age Limit so that Applicants must be under 35 years old (down from the current limit of 50).
The Temporary Graduate Visa (subclass 485) also now offers different duration eligibility based on the completed qualifications. Individuals with a completed Bachelor's or Master's degree by coursework are eligible for a 2-year visa. Meanwhile, holders of a Masters by Research qualification are eligible for a 3-year visa.
Future Skills in Demand visa will have changed work experience requirements for Temporary Graduate visa holders.
Most excitably would appear to be the Department’s promised schedule of a 21-day service standard for student visas.
The published report discusses additional reforms set to be implemented in the future, including its commitment to abolish unnecessary and duplicative visas to simplify the overall visa system. It has also been shown that the intention is to create a public registry of approved employer sponsors. This will assist migrant workers in locating new sponsors and provide them with a means of verifying the legitimacy of a sponsoring employer.
Australia's ambitious migration strategy marks a turning point in the nation's approach to immigration. By streamlining processes, ensuring fairness, and enhancing oversight, the country aims to create an immigration system that not only meets the needs of the economy but also fosters a welcoming and inclusive society.
Ruppert Legal commends the Department of Home Affairs’ efforts to improve the migration system. If you need assistance to understand how the new changes may affect you, please Contact Us for an initial consultation.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact us at info@Ruppertlegal.com.au.
