Australia is implementing numerous significant changes to its immigration laws starting July 1, 2024. These updates encompass various visa subclasses, work conditions, application fees, eligibility criteria, and other regulatory modifications. This article provides a detailed summary of these changes, ensuring you are well-informed about the new regulations.
General Changes
Visa Application Charge (VAC) Increase
The Migration Amendment (Visa Application Charges) Regulations 2024 implements an annual indexation of Visa Application Charges (VAC) in line with the forecast Consumer Price Index (CPI) of 2.75%, rounded to the nearest $5. Additionally, the 2024-25 Budget Decision Visa Application Charge Uplift increases specific VACs. For example:
- The Student (Sc 500) visa base application charge increased from $710 to $1,600.
- Additional applicant charges for adults increased from $530 to $1,190, and for minors from $175 to $390.
Refer to Migration Amendment (Visa Application Charges) Regulations 2024 for detailed information.
Citizenship Application Fee Increase
The standard fee for citizenship applications has increased to $560. For more details, see Australian Citizenship Amendment (Indexation of Fees) Regulations 2024 and New citizenship application fees from 1 July 2024.
Federal Court and Tribunal Fee Increases
The fees for the Federal Court and Tribunal have also been increased, as noted Upcoming changes to application fees.
Changes to Temporary Graduate (Sc 485) and Skilled – Recognised Graduate (Sc 476) Visas
Temporary Graduate (Sc 485) Visa
Several changes have been made to this visa category. These include adjustments to visa streams and eligibility criteria.
Skilled – Recognised Graduate (Sc 476) Visa Closure
This visa subclass will be closed.
We wrote two article about SC 485 visa and temporary graduate visa program, please refer to:
Changes to SC 485 Visa for Masters and PhD Graduates Effective 1 July 2024
Changes to Temporary Graduate Visa Program – Effective 1 July 2024
Restrictions on Applying for Student Visas
Effective July 1, 2024, holders of certain visa subclasses will face restrictions when applying for a student visa while in Australia. These subclasses include:
- Subclass 403 (Temporary Work – International Relations)
- Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular)
- Subclass 485 (Temporary Graduate)
- Subclass 600 (Visitor)
- Subclass 601 (Electronic Travel Authority)
- Subclass 602 (Medical Treatment)
- Subclass 651 (eVisitor)
- Subclass 771 (Transit)
- Subclass 988 (Maritime Crew)
- Subclass 995 (Diplomatic)
For more details, please refer to New Restrictions on Student Visa Applications Commencing 1 July 2024.
Working Holiday Maker Program Changes
UK Passport Holders:
UK passport holders will be able to be granted up to three Working Holiday (Sc 417) visas without having to meet any specified work requirements from 1 July 2024, please refer to: Migration (Specified Subclass 417 Work Exemption) Instrument (LIN 24/039) 2024
Philippines Passport Holders
Republic of Philippines passport holders are now eligible to apply for a Work and Holiday (Sc 462) visa, detailed in: Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024
Changes to Employer-Sponsored Visas
TSMIT Increase
The Temporary Skilled Migration Income Threshold (TSMIT) will increase to $73,150.
Please refer to our article: TSMIT Updated: Increase in the Temporary Skilled Migration Income Threshold to $73,150
Changes to Visa Conditions 8107, 8607, and 8608
These changes aim to improve work limitations and provide more flexibility for visa holders.
Please refer to our article: Important Changes to Visa Conditions 8107, 8607, and 8608: What You Need to Know
Migration Amendment (Strengthening Employer Compliance) Act 2024
This act improves employer compliance and protects temporary migrant workers from exploitation. Details are available: Migration Amendment (Strengthening Employer Compliance) Act 2024
Infringement Notices for Employer Compliance
New infringement notices related to strengthening employer compliance are noted in Migration Amendment (Infringement Notices) Regulations 2024.
Business Innovation and Investment Program (BIIP)
The BIIP, which previously allowed entrepreneurs, investors, and business owners to apply for various visas, will be formally closed to new applicants.
Instead, a new National Innovation visa will be introduced later in 2024. Details about this new visa are yet to be released, but it aims to attract innovative individuals who can contribute to Australia’s economy and technological advancements.
Refunds for Withdrawn BIIP Applications:
If you have already applied for a BIIP visa but choose to withdraw your application, you will be eligible for a refund of your visa application charge starting September 2024.
Implications for Existing BIIP Visa Holders:
Existing BIIP visa holders are not affected by the closure of the program. They can continue with their current visas and associated conditions.
FNQ DAMA Changes
Under the FNQ DAMA, the skills assessment authority for Personal Care Assistant and Nursing Support Worker roles will change from VETASSESS to ANMAC for new skills assessment requests made on or after July 1, 2024. To learn more about FNQ DAMA overview, please visit: About the FNQ DAMA
Partner and Family-Related Changes
Changes related to partner relationships, prospective partners, and language concerning family violence have been introduced. For more details, refer to our article: Prospective Partner and Partner Visa Changes: Key Amendments for 2024
New Workplace Justice Visa
A pilot for the Workplace Justice Visa has been introduced, with associated VAC and strengthened reporting protections. Details can be found below:
Migration Amendment (Workplace Justice Visa) Regulations 2024
Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024
Migration Amendment (Strengthening Reporting Protections) Regulations 2024
Detention and Maintenance
The daily maintenance amount for persons in detention has been updated, is $538.79 for the period 1 July 2024 to 30 June 2026 inclusive. as noted in Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024.
Conclusion
These comprehensive changes to Australian immigration laws reflect the government’s efforts to adapt to current needs, provide more flexibility, and promote international relations. Applicants and visa holders should stay informed to navigate these updates effectively. For further details, consult the Department of Home Affairs website and reliable immigration news sources.
If these new changes affect you, contact Kris Ahn Lawyers today to discuss your options. Our team of experts is ready to guide you through these updates and help you achieve your immigration goals.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
