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Australia’s Immigration Changes: Major Updates Announced in December 2024
Australia's immigration landscape is evolving rapidly. On 7 December 2024, the Australian Government announced significant changes aimed at addressing the country’s labour shortages, simplifying pathways for skilled migrants, and enhancing visa processes. These updates are expected to have a profound impact on individuals and businesses alike. Here’s an in-depth look at the key changes.
Australia’s New Migration Bills: A Turning Point in Immigration Policy
In a landmark move on November 27, 2024, Australia passed three significant migration bills with bipartisan support. These laws have introduced sweeping changes to the country’s immigration system, sparking both praise and outrage. While some view the reforms as necessary to strengthen border controls and streamline processes, others see them as punitive measures that risk eroding Australia’s reputation as a compassionate nation.
Opposition Blocks Government’s Student Visa Cap Proposal: What It Means for Australia
The recent decision by the opposition to block the government’s proposed cap on student visas has ignited a debate about the future of Australia’s international education sector, migration policies, and broader economic implications.
Upcoming Changes to Australia’s Employer Sponsored Visa Regime: What to Expect from 23 November 2024
On 23 November 2024, the Australian Government will implement notable changes to the Employer Sponsor Visa regime. These updates primarily affect the Subclass 482 Temporary Skill Shortage (TSS) visa, making it more accessible to skilled professionals. The adjustments aim to broaden Australia’s talent pool, provide more flexibility for employers, and address critical skill shortages. Below, we break down the main changes and what they mean for employers, migration agents, and prospective visa holders.
Breaking the Silence of Exploited Migrant Workers
In response to growing concerns about the workplace exploitation faced by migrant workers, the Australian government has introduced the Workplace Justice Visa. This visa allows migrant workers to remain in Australia for up to twelve months to pursue legal action against their employers.
The New Ministerial Direction No. 110 and its Problematic Predecessor No. 99
Immigration Minister Andrew Giles recently issued a new Ministerial Direction to replace Direction No. 99. Ministerial Direction No. 110 comes into effect on 21 June 2024, and prioritises the protection of the Australian community from criminal and other serious behaviour by non-citizens.
This new ministerial direction was initiated by the Labour party in an effort to remedy public outcry surrounding Direction No. 99, which set headlines ringing with fervent condemnation.
Potential Changes to Employer Sponsorship Visas
When applying for an Employer Sponsored Visa, skilled overseas workers who want to work in Australia must have an employer to sponsor their visa. Employer sponsors must pay a range of fees including sponsorship, nomination fees and the Skilled Australians Fund levy, in exchange skilled overseas worker can work and live in Australia. This process has allowed permanent residency for thousands of temporary visa-holders. However, until a foreign sponsored worker obtains permanent residency, he or she can only switch employers by having a new nomination application approved, which must be filed within 60 days of their employment being terminated (either by the worker or the employer).
New Migration Pathway for International Students
Do want to work in Australia after finishing your degree?
These new government changes may provide a new and easier opportunity to work in Australia for prospective international students. Currently, the International Student Visa does not allow residency and the ability to work in Australia even after finishing an Australian degree. This significantly disadvantages students who want to work in Australia after finishing their degree.
New Government Crackdowns on Visa Fraud
Explore the impact of visa fraud in student applications and the government's measures to combat it. Discover how these changes may affect your immigration journey with insights from our expert immigration lawyers.
Graduate Development Visa (Subclass 485)Extensions for post-study visa holders in selected occupations and for regional study
Australia is facing the second-highest skills shortage in the developed world, according to the latest OECD (Organisation for Economic Co-operation and Development). Consequently, the Australian government has announced three initiatives to address workforce shortage, impacted by the COVID-19 pandemic. Firstly, by extending post-study work visa for international students who have graduated from an Australian higher education provider in certain nominated occupations. Secondly, increasing the work hours cap for international students. Thirdly, by extending post-study work visas for certain regional visa holders.
What happens if I am terminated or resign from my job while holding an employer-sponsored visa?
There are several factors that influence workers to quit their jobs, both freely and involuntarily. Due to particular visa limitations that apply, there is an extra degree of difficulty for those with Temporary Skill Shortage (TSS) visas under Subclass 482 of the Migration Regulations 1994 (Cth).
Expired Australian visa? All is not lost!
Regardless of circumstance, if your visa has expired, we strongly recommend seeking legal advice before contacting the Department of Home Affairs. An expired visa may lead to detention, deportation, and re-entry bans.
Once you inform the Department, a Bridging Visa E application will be suggested to you. A Bridging Visa E application permits you to stay in Australia legally and continue to prepare for your departure or apply for another Australian visa.
New Visa Processing Structure Prioritises Health and Education Professionals in PMSOL Revamp
Australia's Department of Home Affairs (DHA) has introduced new guidelines to prioritize skilled visa applications and reduce backlogs. As of October 28, 2022, the health and education sectors will receive the highest priority for expedited visa processing. The DHA will assess skilled visa applications in order of lodgement date, but the priority order for skilled visa applications is as follows: health and education professions, visas sponsored by employers, occupations in selected regional areas, and all other visa applications. The PMSOL, which identified critical skills needs during the pandemic, has been modified to focus on prioritizing health and education professionals. Since June 1, 2022, over 43,000 temporary skilled visas and 47,000 permanent skilled visas have been approved. The DHA has increased its staffing levels, resulting in a 120% increase in temporary skilled visa approvals for 2022-23 compared to the same period last year.
OUT WITH THE OLD, IN WITH THE NEW: Australia’s new visa lottery scheme.
Excited to win Australia’s new lottery? A new law has been proposed that will allow 3000 foreign workers to the country. This law was inspired by the green card system in the United States in which winners are given a pathway to citizenship.
VISA APPLICATIONS: GETTING IT RIGHT THE FIRST TIME
Getting a visa can be a lengthy and consuming process and for a task that has the importance to be life-changing, why not guarantee that it is done right the first time?
AN “IMMIGRATION NATION”?
Australia’s reputation is at stake. What was once a beloved destination for international students to study and work has now become a pillar of uncertainty. This is certainly the case for Tanushree Nath and Mohammadhossein Esmaeli, two international students who have been waiting for 18 months to see any sort of change in their student visa status.
STUDENT VISA DELAY
Australia’s reputation is at stake. What was once a beloved destination for international students to study and work has now become a pillar of uncertainty. This is certainly the case for Tanushree Nath and Mohammadhossein Esmaeli, two international students who have been waiting for 18 months to see any sort of change in their student visa status.
VISA BACKLOG
Andrew Giles, the new Minister for Immigration, Citizenship and Multicultural affairs is a spark of hope for those who have waited years to become Australian citizens. He is committed to bringing all Australians together to benefit from Australia’s multicultural diversity. He has criticised the former Morrison government for neglecting immigration functions.
KIWIS TO KEEPERS:New Zealanders and Permanent Residency in Australia
For the first time in 21 years, there is a real glimmer of hope on the pathway to citizenship for New Zealanders who have lived in Australia for most of their lives. New Zealand Prime Minister Jacinda Ardern and Prime Minister Anthony Albanese have signalled progress toward resolving what has become a key sore point over Australia’s treatment of New Zealand citizens. By Anzac Day next year, New Zealanders may benefit from voting rights, a faster pathway to citizenship, and increased protections against deportation.