The Australian Government with an aim to develop a Migration Strategy to ensure the system delivers for Australians & migrants and to ensure that Australia has the skills to support the economy has made announcements in the Budget 2023-24. The following announcement have been included in the Budget 2023-24: Visa Classes Percentage increase Visitor, working holiday, work and holiday, training, temporary activity and temporary work (short stay specialist) visas 15% Business innovation and investment visas 40% Other visas 6% Pacific Engagement Visa and Pacific Australia Labour Mobility visas Exempt from increase To know more about Budget 2023, click here.
On 27 April 2023, the Minister for Home Affairs, announced expanded pathways to permanent residence for employer sponsored temporary skilled visa holders by the end of 2023. All Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them will be eligible to apply for Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa very soon. The applicants will be required to meet all the nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa except the relaxations that are proposed by the government to provide more equitable access to permanent residence to TSS visa holders including:
The Government will increase the Temporary Skilled Migration Income Threshold from the current rate of $53,900 to $70,000 from 1 July 2023 to ensure a better targeted skilled migration system. The Temporary Skilled Migration Income Threshold (TSMIT) has been increased from $53,900 to $70,000. Therefore, from 1 July 2023, the annual market salary rate for the nominated occupation and the guaranteed annual earnings the nominator will pay to the worker must be at least $70,000. However, this change will not affect existing visa holders and approved nominations lodged before 1 July 2023.
ACT Migration has made changes to ACT Nomination Guidelines, the ACT Critical Occupations List and other policy. Both the size and composition of the ACT migration program has changed considerably. These changes combined with continuing skills shortages in the ACT, have an impact on the ACT Skilled Migration program settings. Act Nomination Guidelines and Critical Skills List Update ACT Migration has made changes to the ACT Nomination Guidelines. The changes focus on making it easier for prospective migrants to apply for ACT nomination and clarifying language or current policies where necessary. Eligibility criteria have been adjusted and changes have been made to the Canberra Matrix. Also, Canberra Matrices submitted in the last six months will be assessed against the new guidelines, and if any application has been refused on or after 20 March 2023 but it would have been approved under the new guidelines, a request for reconsideration to migration@act.gov.au can be submitted. ACT Critical skills list has also been revised and will be published soon. Due to the continuing skills shortages, 128 occupations have been added to the list. One occupation has been removed. ACT Migration Processing Update The ACT received an interim allocation of 4,050 nomination places split evenly between the 491 and 190 visa for the 2022-2023 program year: As on 17 April 2023: Remaining Allocation: ACT Migration still needs to process 1,483 nominations, which may result in increase in the number of invitations, which will likely lower the minimum scores meriting an invitation. To know more, click here.
A new direct pathway to Australian citizenship for eligible New Zealand citizens living in Australia has been announced by Prime Minister Anthony Albanese, and the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs. From 1 July 2023, New Zealand citizens holding a Special Category Visa (subclass 444) will be able to apply directly for citizenship without becoming permanent residents first, subject to meeting other eligibility requirement including a four-year residence requirement. It means that the New Zealand Citizens who have been living in Australia for four years are not required to first apply for a permanent residency, to apply for citizenship. From 1 July onwards: However, these provisions will not be applicable to citizenship applications submitted before 1 July 2023. If an application is submitted before this date and the applicant doesn’t meet the eligibility requirement, the application will be refused. These changes have been introduced to ensure viable pathways to Australian citizenship for New Zealand citizens living in Australia. This reflects the deep and strong connection between Australia and New Zealand and further strengthens the connection between the two.
Migration (Fees for assessment of qualifications and experience) Instrument (LIN 23/002) 2023 dated 21 March 2023 specifies the various fees payable to Trades Recognition Australia, under subregulation 5.40(1) of the Migration Regulations 1994. Trades Recognition Australia (TRA) provides a skills assessment service for people with trade skills gained overseas or in Australia for the purpose of visa applications for which a person requires assessment of their occupational or educational qualifications or experience. The instrument specifies the various fees payable to an Assessing Authority, Trades Recognition Australia, for an application for assessment of a person’s occupational qualifications, experience, or both, and educational qualifications or for the internal review of an assessment. The updated fee for Trades Recognition Australia assessment under this instrument is specified below: Item Assessment Fee 1 Migration Skills Assessment $795 2 Migration Points Advice (based on a satisfactory Migration Skills Assessment Outcome) $450 3 Job Ready Program Provisional Skills Assessment $130 4 Job Ready Program Employment Assessment $490 5 Job Ready Program Workplace Assessment $2,845 6 Job Ready Program Final Assessment $75 7 TSS Skills Assessment Program Documentary Evidence Assessment $1,120 8 TSS Skills Assessment Program Documentary Evidence—Reassessment $450 9 TSS Skills Assessment Program Technical Interview—Pathway 1 $2,000 10 TSS Skills Assessment Program Technical Interview—Pathway 1 – Reassessment $1,000 11 TSS Skills Assessment Program Technical Interview—Pathway 2 $900 12 TSS Skills Assessment Program Technical Interview—Pathway 2 – Reassessment $450 13 TSS Skills Assessment Program Practical Assessment $2,200 14 TSS Skills Assessment Program Practical Assessment—Reassessment $1,100 15 Offshore Skills Assessment Program Documentary Evidence Assessment $1,120 16 Offshore Skills Assessment Program Documentary Evidence – Reassessment $450 17 Offshore Skills Assessment Program Technical Interview — Pathway 1 $2,000 18 Offshore Skills Assessment Program Technical Interview — Pathway 1 – Reassessment $1,000 19 Offshore Skills Assessment Program Technical Interview — Pathway 2 $900 20 Offshore Skills Assessment Program Technical Interview — Pathway 2 – Reassessment $450 21 Offshore Skills Assessment Program Practical Assessment $2,200 22 Offshore Skills Assessment Program Practical Assessment — Reassessment $1,100 The updated fee for the internal review of an assessment under this instrument is specified below: Item Matter Fee 1 Migration Skills Assessment $610 2 Migration Points Advice $375 3 Job Ready Program Provisional Skills Assessment $130 4 TSS Skills Assessment Program Documentary Evidence Assessment $700 5 TSS Skills Assessment Program Technical Interview $700 6 TSS Skills Assessment Program Practical Assessment $700 7 Offshore Skills Assessment Program Documentary Evidence Assessment $700 8 Offshore Skills Assessment Program Technical Interview $700 9 Offshore Skills Assessment Program Practical Assessment $700 The instrument is registered on the Federal Register of Legislation on 23 March 2023 and commenced on 24 March 2023. It is currently in force. To access the instrument, click here.
Migration (Specification of evidentiary requirements—family violence) Instrument (LIN 23/026) 2023 [the Instrument] dated 30 March 2023 repeals the Migration Regulations 1994 – Specification of Evidentiary Requirements – IMMI 12/116 and specifies the type and number of items of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations 1994. The instrument specifies the different types of evidence for the purposes of paragraph 1.24(b) of the Migration Regulations. For each of the types of evidence mentioned below, the instrument describes the items of evidence that can be provided. For example, a statutory declaration, a report, a letter, or other forms of documentation such as risk assessments, records or hospital discharge summaries. The instrument also specifies that a minimum of two items of evidence are required and each must be of a different type. The instrument specifies the following types of evidence: The new measures introduced by the instrument includes: The instrument is registered on the Federal Register of Legislation on 30 March 2023 and commenced on 31 March 2023. It is currently in force. To access the instrument, click here.
Migration (Securities in which an investment is a designated investment) Instrument (LIN 23/018) 2023 dated 28 March 2023, repeals Migration Regulations 1994 – Securities in which an investment is a designated investment for the purposes of Subclasses 162, 165, 188, 405, 888, 891 & 893 –IMMI 12/106; and specifies security issued by an Australian Government State or Territory government authority as a security in which an investment is a designated investment for the purposes of certain visas. The instrument specifies a list of securities as well as their issuing authority, the investment in which will be regarded as designated investment for the purposes of: Item Security Issuing Authority 1 Government Bonds of Victoria Treasury Corporation of Victoria 2 NSW Treasury Bonds Waratah Bonds New South Wales Treasury Corporation 3 Queensland Bonds Queensland Treasury Corporation 4 Queensland Industry Bonds Queensland Industry Development Corporation before 1 December 1996 5 TASCORP Inscribed Stock Tasmanian Public Finance Corporation 6 Territory Bonds Northern Territory Treasury Corporation 7 Western Australian State Bonds Western Australian Treasury Corporation 8 South Australian Government Financing Authority Bonds South Australian Government Financing Authority The Subclass 405 visa is closed to new applications, however there are still applications in progress. From 1 July 2021, as a result of amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021, applicants for the Subclass 188 visa in the Investor stream are no longer required to make a designated investment except those, whose applications were made before 1 July 2021 and those applications are still in progress. The instrument does not specify the Subclass 162 (Investor (Provisional)) visa and the Subclass 165 (State/Territory Sponsored Investor (Provisional)) visa, which were earlier specified in IMMI 12/106 as theses subclasses are closed to new applications and there are no applications in progress. The instrument is registered on the Federal Register of Legislations on 30 March 2023 and commenced on 31 March 2023. It is currently in force. To access the instrument, click here.
Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023 [the Regulations] dated 30 March 2023, amends the Migration Regulations 1994 to enable applicants who were refused, a Partner (Provisional) (subclass 309) visa, to apply for merits review of that refusal at the Administrative Appeals Tribunal. The applicants for a Subclass 309 (Partner (Provisional) visa must usually be outside Australia to apply for and be granted the visa but under the Migration Amendment (2021 Measures No.1) Regulations 2021, COVID-19 concession provisions were inserted into the Migration Regulations to allow for the grant of a Subclass 309 visa in Australia. These regulations retained the position that the applicants sponsor has the right to seek merits review of a refusal decision, to align with the merits review rights of Subclass 309 applicants who were unaffected by COVID-19 concession provisions. On 20 August 2022, the Migration Amendment (Subclass 100 and 309 Visa) Regulations 2022 inserted ‘relationship cessation provisions’ (RCPs) into the Migration Regulations for Subclass 309 applicants who can be granted their visa in Australia under the COVID-19 concession. The Regulations allow Subclass 309 applicants who are in Australia and who could be granted their visa in Australia under the COVID-19 concession provisions, to have standing to seek merits review by the AAT if the visa application is refused. This addresses the issue that a sponsor may be unwilling, or unable, to apply for merits review if their relationship with the applicant has ceased. This Amendment Regulations provides the right to the subclass 309 concession cohort, to seek merits review of a refusal decision. The instrument is registered on the Federal Register of Legislation on 3 April 2023 and commenced on 4 April 2023. It is currently in force. To access the instrument, click here.
Compilation of Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 [Compilation] dated 29 December 2022 incorporates the amendments made by Migration (International trade obligations relating to labour market testing – India-Australia Economic Cooperation and Trade Agreement) Amendment Determination (LIN 22/105) 2022 to insert one additional international trade agreement, namely the India Australia Economic Cooperation and Trade Agreement (IAECTA), in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The instrument determines Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out a condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Further, subsection 140GBA(1) provides that the labour market testing condition will not apply to a nomination by a person if it will be inconsistent with any international trade obligation of Australia determined in a legislative instrument made under subsection 140GBA(2). For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: The instrument has inserted one additional international trade agreement, namely the India-Australia Economic Cooperation and Trade Agreement (IAECTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and India is called IAECTA. To implement the IAECTA, the Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Act 2022 amended the Customs Act 1901 (the Customs Act). The compilation is registered on 17 March 2023 and commenced on 29 December 2022. It is currently in force. To access the compilation, click here.