Migration Centre of Australia

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  • April 9, 2024

Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024

Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 (the Regulations) dated 14 March 2024 amend the Migration Regulations 1994 to permit certain PALM scheme workers who are granted visas for between one and four years to apply to bring their family to Australia, if supported by the scheme. The Pacific Australia Labour Mobility (PALM) scheme provides for the entry and temporary stay of workers from Pacific island countries and Timor-Leste for the purpose of overcoming workforce shortages across Australia. Previously, only the workers participating in the PALM scheme were allowed to apply for and be granted a visa and not the secondary applicants. The Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 now allows PALM scheme workers who are granted visas to live and work in Australia for between one and four years to apply to bring their family to Australia, if supported by the scheme. However, PALM scheme workers with visa up to nine months at a time are not eligible to bring their families to Australia.  To make a valid application for a Subclass 403 visa as a secondary applicant in the PALM stream: the primary applicant who is their family unit member must be an applicant for the grant of or holds a Subclass 403 visa as a primary applicant in the PALM stream that permits the primary applicant to remain in Australia for a period of at least 1 year, or holds a Subclass 403 in the Pacific Labour Scheme stream the application by the secondary applicant is supported, in writing, by a department responsible for administering the PALM scheme and such support has not been withdrawn The amendments further provide a visa application charge of AUD$335 for any PALM stream secondary applicant who is at least 18 years of age and $80 for any PALM stream secondary applicant who is less than 18. The VAC for the primary applicant remains unchanged at AUD$335. The Instrument is registered on the Federal Register of Legislation on 20 March 2024 and commenced on 25 March 2024. It is currently in force. To access the instrument, click here.
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  • April 9, 2024

Migration (Visa Pre-application Process) Charge Regulations 2024

Migration (Visa Pre-application Process) Charge Regulations 2024 dated 14 March 2024 prescribe the amounts of charge to be imposed on the registration of a person as a registered participant in a visa pre-application process. The Migration Amendment (Subclass 192 (Pacific Engagement Visa) Regulations 2024 amend the Migration Regulations 1994 to introduce a new Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The Pacific Engagement visa is the first visa to utilise the visa pre‑application ballot process as a requirement to lodge a valid visa application. It is necessary to impose a minimal charge on registering in the Pacific Engagement visa ballot to ensure that registrants are genuine and have thoughtfully considered their ability to pursue the visa if selected. The Regulations prescribe an amount of AUD25 as the charge for registration as a registered participant in a ballot for the new Pacific Engagement visa. The charge must be paid at the time of registration. If the charge is not paid at this time, the person is taken to never have been registered as a registered participant in the visa pre-application process. The Charge Act establishes a ceiling of AUD100 as the maximum charge that may be prescribed for a particular ballot. It is expected that additional visas may employ this ballot procedure in the future. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
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  • April 9, 2024

Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024

Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024 dated 14 March 2024 amend the Migration Regulations 1994 to introduce a new permanent Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The regulations also prescribe the requirements to be met for making a valid application for the subclass 192 visa including the requirement that a primary applicant must have been randomly selected in a visa pre-application process relating to the country of which the applicant is a citizen and other requirements to be met in relation to the grant of a Subclass 192 (Pacific Engagement) visa. The PEV program will offer permanent residency to eligible citizens of participating Pacific island countries and Timor-Leste, and their immediate family members, who have been randomly selected through a visa pre-application ballot process (the rules that apply in relation to the eligibility for, and conduct of, the PEV pre-application ballot process will be set out in the PEV Determination). Entrants successfully drawn in the ballot and their immediate family members are able to apply for a PEV. As per the Amendment Regulations, in order to make a valid application for a PEV, a primary applicant must Qualify as a selected participant through the relevant visa pre-application process Be between 18 and 45 years old at the start of the registration period for the applicable visa pre-application process Possess a valid passport issued by the relevant country at the time of registration as a participant in that process Be born in, or have a parent born in, a specific country listed in Schedule 1 to the PEV Determination not be a citizen of New Zealand; Submit a PEV application on or before the specified date in the selection notice (indicating success in the ballot)). The visa application charge (VAC) for the PEV is AUD325 for the primary applicant and AUD80 for each additional applicant included in the application as a migrating family member, payable at the time the visa application is made. Pacific Engagement Visa endorses the Government’s commitment to enhance Australia’s connections with the Pacific region and will notably raise the number of people from Pacific island nations and Timor-Leste who can obtain permanent residency in Australia. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
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  • April 9, 2024

Migration Amendment (Suspending Education Providers) Regulations 2024

Migration Amendment (Suspending Education Providers) Regulations 2024 dated 14 March 2024 supports implementation of the Government’s Migration Strategy announced on 11 December 2023. The Regulations amends the Migration Regulations 1994 to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the ESOS Act. The ESOS Act sets out rules for registering providers offering education services to international students. Section 97 of the Act allows the Immigration Minister to issue a suspension certificate to a registered provider or their associate if they believe that substantial number of international students are coming to or staying in Australia for purposes not contemplated by their visa. This initiative is part of the Australian Government’s Migration Strategy, aimed to support integrity in the international education system and to support genuine overseas student. Under subsection 97(2) of the ESOS Act, in considering whether to give such a certificate, the Immigration Minister may have regard to any of the following: the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application; the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas; the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses; any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958. Under section 98 of the ESOS Act, before issuing a suspension certificate, the Immigration Minister must give the registered provider a written notice stating that they intend to give the provider a suspension certificate and why.  The effect of a suspension certificate is that the provider would not be able to recruit new international students for the period that the suspension certificate remains in force (6 months). However, existing students may continue their studies with the provider. The Amendment Regulations amend the Migration Regulations to provide the Minister with the ability to specify by instrument the method for working out a score, when and how often a relevant score is to be worked out and the period in which a relevant score has effect for a registered provider in a legislative instrument. The Instrument is registered on the Federal Register of Legislation on 22 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
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  • April 9, 2024

Migration Amendment (Subclass 500 Visas) Regulations 2024

The Migration Amendment (Subclass 500 Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Student visa applicants intend to genuinely stay in Australia temporarily. The Subclass 500 visa allows international students (and members of their family unit) to enter, study and work in Australia for the duration of the primary visa holder’s studies. Previously, in order for a Subclass 500 visa to be granted, an applicant needed to satisfy the genuine temporary entrant requirement that is the applicant intend to genuinely stay in Australia temporarily, which was a way of assessing that the applicant is a genuine student. However, the requirement caused confusion and possibly deterred future migration to Australia, as many international students plan to apply for permanent residency after finishing their studies. The Subclass 500 visa can be a genuine route to permanent residency, as the skills gained from studying can help fill skill shortages in Australia. The amendment aims to enhance the evaluation of a student’s genuine intention to study in Australia and better detect any non-genuine international students entering Australia for reasons other than study. With the amendment, the genuine student criterion enables the decision-maker to assess whether the visa applicant genuinely intends to enter and stay in Australia as a student, taking into account various factors such as the applicant’s situation, immigration history, adherence to visa conditions, and any other relevant factors. The Instrument is registered on the Federal Register of Legislation on 18 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
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  • March 9, 2024

End of the two-year extension of post-study work rights for international graduates (subclass 485)

From mid-2024 international higher education graduates will no longer be able to apply for the two-year extension of their post study work rights on their Temporary Graduate visa (subclass 485). From 1 July 2023, the extended post-study work rights for additional two years were conferred on international graduates with degrees in select areas of verified skill shortage, on their Temporary Graduate visa (subclass 485). Those extended post-study work rights will no longer be available to such graduates from mid-2024.
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  • March 9, 2024

New Visa Condition 8208

The Migration Regulations has been amended to insert new visa condition 8208 which applies to Subclass 500 visas to safeguard against the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs. The following instruments will activate the provisions of visa condition 8208: Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 determines condition 8208 of Schedule 8 to the Regulations to be part of the designated migration law for the purposes of section 495A of the Act. Condition 8208 requires student visa holders to obtain the approval of the Minister to undertake critical technology related study in a postgraduate research course. The Minister’s decision regarding granting such approval would follow an assessment of the risk of an unwanted transfer of critical technology by the visa holder. The purpose of this Instrument is to allow the Minister to use computerised programs for decision-making in certain circumstances. The instrument is registered on the Federal Register of Legislation on 19 February 2024 and will commence on the 1 April 2024. To access the instrument, click here. Migration (Critical Technology -Kinds of Technology) Specification (LIN 24/010) 2024 specifies seven kinds of technology included in the definition of critical technology in regulation 1.03 of the Migration Regulations namely: Advanced manufacturing and materials technology Artificial intelligence technology Advanced information and communication technology Biotechnology Clean energy generation and storage technology Quantum technology Autonomous systems, robotics, positioning, timing, and sensing technology. This instrument commences on 1 April 2024 and applies: In relation to any application for a visa made on or after 1 April 2024, including in relation to public interest criterion 4003B in Schedule 4 to the Regulations•in relation to conduct covered by condition 8208 where the visa holder first undertakes critical technology related study on or after 1 April 2024. On or after 1 April 2024 for the purposes of regulation 2.43 and subclause 10802(2) of Schedule 13 to the Regulations, in relation to any visa granted before, on or after 1 April 2024. To access the instrument, click here.
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  • March 9, 2024

Innovation and Early Careers Skills Exchange Pilot

Innovation and Early Careers Skills Exchange Pilot is a new temporary visa pathway for UK Citizens under the Australia-United Kingdom Free Trade Agreement (A-UKFTA) with two streams. There are two streams under IECSEP which includes: The Early Careers stream offers stays in Australia for up to one year for tertiary-qualified applicants aged 21-45, who have already worked for a minimum three months in an organisation. This stream requires that the applicant’s prospective employment in Australia must be relevant to the applicant’s field of work in their current role. Also, the applicants must have prospective employment in Australia in an occupation defined at the ANZSCO1 Skill Levels 1, 2 or 3. The Innovation stream offers stay in Australia for up to three years for highly experienced and highly skilled applicants who have a demonstrated contribution to innovation and have prospective employment in Australia in an occupation defined at the ANZSCO Skill Level 1. There is no age limit for applying for the Innovation stream. IECSEP applications can only be submitted online when an application round is open through the IECSEP online application portal, which is accessed via the DFAT website. IECSEP applications and visa applications are separate processes. IECSEP applicants must submit their letter of support issued by DFAT as part of visa applications to the Department of Home Affairs when applying for a Temporary Work (International Relations) subclass 403 visa Government Agreement stream visa. It must be noted that applying for IECSEP is free of charge but there are charges for the visa application. A total of 1000 places are available across both streams from 8 June 2023 to 7 June 2024, with a further 2000 places available from 8 June 2024 to 7 June 2025. To know more click here.
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  • March 9, 2024

Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024

Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024 dated 1 February 2024 amend the areas of Australia and the kinds of work specified in LIN 22/012 and LIN 22/013 for the definitions of specified Subclass 417 and Subclass 462 work. The instrument extends ‘specified subclass 417 and subclass 462 work’ beyond flood and bushfire recovery to include other forms of natural disasters such as cyclones or storm surges. The instrument replaces the current specified flood recovery work provisions outlined in LIN 22/012 and LIN 22/013 by including recovery works undertaken in areas affected by floods, cyclones, and other severe weather conditions. Additionally, it modifies the associated regions in Australia listed in LIN 22/012 and LIN 22/013, by expanding the coverage to include areas impacted by bushfires, floods, cyclones, or other extreme weather events where recovery work can be carried out. The instrument specifies recovery work in relation to flood, cyclone or other severe weather, and the areas of Australia in which that work must be carried out for both specified Subclass 417 work and specified Subclass 462 work. It specifies work carried out after 31 December 2021 in an area affected by flood, cyclone or other severe weather, including: clean-up, construction or any other work in association with restitution or restoration of services, land, waterways, property or infrastructure; and work providing support services or assistance to people living, working or volunteering in the area affected by flood, cyclone or other weather. These changes acknowledge the significant contribution of working holiday makers in aiding regions following natural disasters, as well as their valuable assistance to businesses and communities in expedited recovery. The instrument applies to applications for a subclass 462 and subclass 417 visa that are made, but not finally determined before 2 Feb 2024 and made on or after 2 Feb 2024. The instrument is registered on the Federal Register of Legislation on 1 February 2024 and commenced on 2nd February 2024. It is currently in force. To access the instrument, click here.
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  • March 9, 2024

Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024

Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 dated 23 January 2024 repeals Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022. For the grant of a Subclass 408 visa, the applicant must satisfy the primary criteria that the applicant must be a person to whom a clause in subdivision 408.2 of Schedule 2 to the Migration Regulations applies. Clause 408.229 will apply to an applicant if that applicant seeks to enter or remain in Australia to undertake work directly associated with the AGEE, specified in a legislative instrument made by the Minister and the applicant is in a class of persons specified in the instrument in relation to the event. LIN 22/046 specified the event known as the ‘COVID-19 pandemic’ as an ‘Australian Government endorsed event’ (AGEE) and classes of persons for the purposes of Subclass 408 visa. Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 repeals (LIN 22/046) Therefore, from 1 February 2024, COVID-19 pandemic will no longer be a specified event for the purposes of sc408 visa. The instrument is registered on the Federal Register of Legislations on 24 January 2024 and commenced on 1 February 2024. To access the instrument, click here.
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