The new financial year kicked off on July 1, 2024, bringing significant updates to Australian immigration policies. If you’re still catching up, don’t worry—we’ve got you covered. Here’s a comprehensive look at the changes that could affect your visa applications, employer compliance, and more.
Significant Increase in Visa Application Charges (VAC)
The Migration Amendment (Visa Application Charges) Regulations 2024 has introduced several changes to the Visa Application Charges (VAC) in line with the annual indexation and the 2024-25 Budget Decision Visa Application Charge Uplift. This regulation implements a 2.75% increase in VAC, rounded to the nearest $5.
- Student (Sc 500) and Student Guardian (Sc 590) visas: The base application charge has increased from $710 to $1,600. Additional charges for adult applicants have risen from $530 to $1,190, and for minors from $175 to $390.
- Pacific Engagement (Sc 192) visa and Temporary Work (International Relations) (Sc 403) visa (PALM stream): These have not been indexed as part of the VAC increases.
These changes commenced on July 1, 2024, and apply to all relevant visa applications moving forward.
Hike in Citizenship and Court Fees
Citizenship application fees, along with federal court and tribunal fees, have also seen a significant increase. These adjustments are intended to align with administrative updates and streamline costs.
Federal Court and Tribunal Fee Increases
Fee increases have been gazetted for Federal Courts and Tribunals commencing 1 July 2024. Here are the new fees:
- Administrative Appeals Tribunal:
- Review of a migration decision under Part 5 of the Migration Act 1958: $3,496 (up from $3,374). Reduced fee (50% reduction): $1,748.
- Review of a protection visa decision under Part 7 of the Migration Act 1958: $2,151 (up from $2,076, generally payable only if the application is not successful).
- Federal Circuit Court for a migration decision:
- Full fee: $3,920 (up from $3,785).
- Reduced fee: $1,960 (up from $1,890, if a registrar or authorised officer determines a reduced fee may be paid).
Changes to Graduate Visas
Recent graduates should be aware of multiple changes affecting their visa options:
- Temporary Graduate (Sc 485) visa: The Migration Amendment (Graduate Visas) Regulations 2024 introduces several changes. The Graduate Work stream is now renamed the Post-Vocational Education Work Stream. Applicants must hold an ‘associate degree,’ ‘diploma,’ or ‘trade qualification’ related to their nominated occupation and can only hold one Post-Vocational Education Work stream visa.
- Post-Higher Education Work stream: Formerly known as the Post-Study Work stream, this stream allows graduates with a degree or higher qualification to apply. Restrictions for applicants with student visas granted before November 5, 2011, have been removed. The two-year no VAC visa extension is closed. Eligible visa holders can apply for a second visa in this stream, and initial visa holders in the Post-Study Work stream can transition to the Post-Higher Education Work stream.
- Age Limit: The maximum eligible age for the Temporary Graduate visa in both streams is now 35 years, with exceptions for Hong Kong and British National Overseas passport holders, and Masters (research) and Doctoral degree graduates, who can apply if under 50 years.
- Closure of Skilled-Recognised Graduate (Sc 476) visa: This visa is closed to all applicants (primary applicants and their family members) from July 1, 2024.
- Closure of Replacement stream: This stream is closed to all applicants from July 1, 2024.
- Transitional Pathways: Existing Temporary Graduate visa holders can transition to subsequent visas based on study and residence in regional areas.
Application of amendments: The instrument commences on 1 July 2024 and the amendments made by the Instrument do not apply to an application for a Temporary Graduate (Sc 485) visa validly lodged and not finally determined on or before 30 June 2024.
Tightened Student Visa Regulations
New restrictions on student visas include a prohibition on visa hopping:
- Onshore visa hopping restrictions: The Migration Amendment Instrument 2024 specifies additional categories of temporary visas that preclude a person in Australia from making an application for a Student (Sc 500) visa or a Student Guardian (Sc 590) visa. If an applicant is in Australia and holds certain temporary visas, they cannot make a valid application for these student visas. This includes:
- Temporary Graduate (Sc 485)
- Electronic Travel Authority (Sc 601)
- Medical Treatment (Sc 602)
- eVisitor (Sc 651)
- Maritime Crew (Sc 988)
- Visitor (Sc 600) (the entire subclass is now included, previously only specific streams were).
This instrument commenced on 1 July 2024.
- Free Translating Service (FTS) eligibility: Student visa holders are no longer eligible for this service, affecting those who may need translation assistance.
Expanded Working Holiday Visa Opportunities
- UK passport holders: Can now be granted up to three Working Holiday (Sc 417) visas without needing to meet specified work requirements.
- Philippines passport holders: Republic of the Philippines citizens can now apply for a Work and Holiday (Sc 462) visa.
Employer Sponsored Visa Updates
- TSMIT Increase: The Temporary Skilled Migration Income Threshold has been raised to $73,150.
- Visa conditions 8107, 8607, and 8608: The Migration Amendment (Work Related Visa Conditions) Regulations 2024 provide increased mobility to Temporary Work (Sc 457), Temporary Skills Shortage (Sc 482), and Employer Sponsored Regional (Provisional) (Sc 494) visa holders. These visa holders now have up to 180 consecutive days, increased from 60 or 90 days, to seek an alternative sponsoring employer or depart Australia if they cease working. During this period, they may work for alternative employers or in different occupations. The total period of non-employment during the visa validity must not exceed 365 days. This instrument commenced on 1 July 2024 and applies to visas granted on or after this date, as well as the remaining validity period for visas granted before this date.
- Strengthening Employer Compliance Act 2024: This new act introduces stronger protections for migrant workers and stricter compliance requirements for employers to prevent exploitation.
- Infringement Notices: New provisions allow for the issuance of infringement notices to enforce compliance with the strengthened regulations.
- FNQ DAMA Changes: Under the Far North Queensland Designated Area Migration Agreement (FNQ DAMA), the skills assessment authority for Personal Care Assistant and Nursing Support Worker roles changes from VETASSESS to ANMAC for new skills assessment requests made on or after 1 July 2024.
Prospective Partner and Partner Visa Changes
The Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 introduces significant amendments relating to existing or intended partners, prospective partners, and updates language relating to family violence. Here are the key changes:
- Part 1 – Amendments relating to existing or intending partners:
- Removes the requirement for a Partner (Sc 309) visa applicant to continue to be sponsored at the time of decision if the relationship has ended due to the sponsor’s death, a child of the relationship, or family violence.
- Allows applicants under Sc 309 and Sc 100 to access provisions related to the death of a sponsor or a child of the relationship, even if they have not entered Australia since lodging the visa application.
- Replaces the requirement under Sc 309 and Sc 100 to be in Australia at the time of decision to access the family violence provision with a requirement to have entered Australia since lodging the visa application.
- Part 2 – Amendments relating to prospective partners:
- Allows Prospective Marriage (Sc 300) visa holders and certain former Sc 300 visa holders to apply for and be granted a Partner (Sc 820/801) visa under the relationship cessation provisions if they did not marry their former sponsoring partner.
- Extends family violence provisions to Sc 300 visa holders and certain former Sc 300 visa holders who did not marry their sponsor.
- Permits Sc 300 holders and certain former holders to apply for and be granted a Partner (Sc 820/801) visa under the child of relationship provision.
- Allows Prospective Marriage (Sc 300) visa applicants to be granted this visa inside Australia.
- Ensures review rights for Sc 300 applicants are maintained for refusals made before, on, or after 1 July 2024.
- Removes requirements for all Partner (Sc 820/801) applicants to demonstrate ‘close business, cultural or personal ties’ to Australia where their sponsor has died.
- Part 3 – Amendments to update language relating to family violence:
- Replaces references throughout the Migration Regulations from persons having “suffered” family violence to “experienced” family violence.
This instrument commences on 1 July. The amendments made by the instrument apply to a visa application lodged but not finally determined before 1 July and to visa applications lodged on or after 1 July 2024.
Introduction of the Workplace Justice Visa
The Migration Amendment (Workplace Justice Visa) Regulations 2024 implements a new workplace justice visa that will enable temporary migrants to remain in Australia for a period of time to undertake a workplace justice activity. This visa uses the Subclass 408 Temporary Activity visa stream. The Workforce Justice Visa (WJV) will be implemented as a pilot program and the visa will generally be granted for a period of 6 and up to 12 months. The visa is only available to temporary migrants who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party.
Holder of a WJV will be able to work while they hold the visa and members of their family unit may also apply for a WJV.
Workplace Justice Visa – Nil VAC The Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024 specifies that the visa application charge for the Workplace Justice Visa is nil.
This Instrument commences on 1 July 2024.
How Augustine & Co. Immigration Lawyers Can Assist You
Navigating these updates can be challenging, but Augustine & Co. Immigration Lawyers are here to help. Our team of experts are well-versed in the latest immigration policies, providing you with accurate and effective advice. Whether you’re applying for a new visa, dealing with compliance issues, or seeking justice in the workplace, we offer comprehensive support to ensure your immigration needs are met.
Contact us today to schedule a consultation and stay ahead with your immigration plans.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
