Navigating Recent Changes in Australian Migration Law
AUSTRALIA: LATEST IMMIGRATION CHANGES
The Australian government has recently made significant updates to immigration rules, potentially impacting both visa applicants and employers. Here's a breakdown of the key changes:
Student Visa Processing Priorities
Ministerial Direction No. 107, signed on December 14, 2023, introduces processing priorities for student and student guardian visa programs. These priorities assign evidence levels to Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)-registered education providers to streamline international student applications.
Highest Priority Is Given To:
Student visa applications lodged outside Australia, particularly for the Schools, Foreign Affairs or Defence, and Postgraduate Research sectors.
Higher Education, English Language Intensive Course for Overseas Students (ELICOS), Vocational Education and Training (VET), and Non-Award sector applicants studying at an evidence level 1 institution.
Subsequent entrant applications filed from outside Australia that include an unmarried family member under 18.
All Student Guardian visa applications, whether lodged in or outside Australia.
Subsequent entrants, such as spouses, de-facto partners, or dependent children, will share the same priority as the primary applicant. If the primary applicant plans to undertake multiple courses (course packaging), the application's priority aligns with the highest Australian Qualifications Framework (AQF) level course.
These priorities apply to visa applications lodged from December 15, 2023, and pending applications submitted before this date.
Student visa applications lodged within Australia will continue to follow existing processing procedures.
Removal of Labour Market Testing (LMT) Requirement
Effective December 11, 2023, the requirement for employers to advertise on the Workforce Australia website has been removed. This change impacts subclass 482 and 494 nomination applications, offering employers greater flexibility in their LMT processes. The updated guidelines also allow nominated positions to be advertised over two or more overlapping periods, totaling at least four weeks.
Migration Strategy Publication
On December 11, 2023, the Australian government unveiled its Migration Strategy, featuring significant reforms to the migration system. This strategy builds upon findings from the 2023 Review of the Migration System (the Parkinson Review) and the Rapid Review into the Exploitation of Australia's Visa System (the Nixon Review).
Key Actions Include:
Targeting Temporary Skilled Migration: Introducing new visa pathways and streamlined processes to address skills shortages and promote worker mobility.
Reshaping Permanent Skilled Migration: Exploring reformed points tests and new visas to drive growth in vital sectors.
Strengthening International Education: Implementing higher English language requirements, increased scrutiny of high-risk student visa applications, and measures to support international students.
Tackling Worker Exploitation: Establishing a public register of employer sponsors to enhance integrity and support migrant worker mobility.
Planning Migration: Adopting a long-term approach to permanent migration planning and fostering collaboration with states and territories.
Tailoring Regional Visas: Prioritizing regional visas and supporting regional Australia and its workforce.
Deepening Indo-Pacific Ties: Enhancing people-to-people connections in the Indo-Pacific region.
Simplifying the Migration System: Removing unnecessary and duplicative visas to streamline the system.
Expert Support with Your Visa Application
If you're considering an Australian visa application and need expert assistance, Elevate Migration is here to help. Our immigration experts can evaluate your eligibility and guide you through the entire application process. For more information about our immigration services, please reach out to us today.
Stay informed and prepared as these changes take effect, ensuring a smooth immigration journey to Australia.