Australian Immigration Daily News

Important Updates to the Temporary Graduate Visa (Subclass 485)

The Migration Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 introduces significant refinements to the Temporary Graduate Visa (Subclass 485), particularly in the Post-Higher Education Work (PHEW) stream. These amendments aim to streamline academic requirements and enhance the pathway for skilled graduates to contribute to Australia’s workforce.

Key Updates:

The Migration Amendment (Relevant Assessing Authorities and Other Matters) Instrument 2024 introduces several updates to Australia’s skilled migration framework. The key changes include amendments to legislative instruments governing skills assessments, occupation specifications, and caveats under skilled visa programs. This instrument simplifies regulatory references, removes caveats limiting occupations based on international trade obligations for 10 roles, and clarifies assessing authority responsibilities.

For example, caveat 14, which restricted some occupations to nationals from countries with trade agreements, was removed from roles such as Chief Information Officer and Chef, making these roles accessible to applicants of all nationalities. Conversely, caveat 14 continues to apply to roles like Traditional Chinese Medicine Practitioner and Other Sports Coach or Instructor due to specific labour market concerns.

The instrument also aligns occupation lists and assessing authorities with the Migration Amendment (Skills Assessing Authorities) Regulations 2024. This ensures that assessment processes remain transparent and consistent, supporting Australia’s labour market needs.

Effective from 13 December 2024, the updated Minister of Religion Labour Agreement (MoRLA) introduces significant enhancements to skilled migration pathways for religious organisations in Australia. These changes aim to provide a streamlined and inclusive framework for faith-based institutions while maintaining robust worker protections.

Key Updates:

• Pathway to Permanent Residence: Religious workers now have improved access to permanent residency, facilitating long-term opportunities to contribute to Australian communities.
• Revised Criteria: Adjustments to salary thresholds, qualifications, work experience, and English language requirements ensure the framework accommodates diverse religious practices and organisational needs.
• Broader Access: The agreement supports religious organisations involved in education, charitable work, and the promotion of their beliefs by enabling better access to skilled overseas workers.

This updated framework underscores the Australian Government's commitment to supporting the missions of religious organisations while safeguarding worker rights. Religious institutions are encouraged to explore these opportunities to enhance their services and contributions to Australian society. For further information, visit the Department of Home Affairs website.

The Migration Amendment (Graduate Visas No. 2) Regulations 2024 introduces significant updates to the Subclass 485 (Temporary Graduate) visa, specifically focusing on the Post-Higher Education Work (PHEW) stream. These changes aim to simplify the visa criteria, streamline eligibility, and ensure alignment with the broader Migration Strategy reforms.

Key Updates:

• Redefinition of 'Degree': A new definition of "degree" has been established for Subclass 485 visa applicants, specifically for the PHEW stream. Graduate certificates no longer qualify as "degrees," while graduate diplomas are now eligible only when undertaken immediately following a related bachelor’s, master’s, or PhD program.
• Removal of Australian Study Requirement (ASR): The ASR has been decoupled from the Subclass 485 visa criteria, simplifying the application process for eligible graduates.
• Updated Academic Requirements: New provisions under Clause 485.231 specify the educational qualifications and study parameters that applicants must meet for successful visa grants in the PHEW stream.
• Regional Focus: Holders of second or subsequent Subclass 485 visas in the PHEW stream are required to live, and potentially work and study, only in designated regional areas.

Context:

These amendments build on the government’s Migration Strategy released in December 2023, which emphasises reducing the number of migrants in "permanently temporary" situations and fostering pathways to permanent residency for skilled international graduates.

Impact:

The updates ensure clarity for international graduates and better alignment with Australia’s skilled migration goals. They address confusion surrounding qualification requirements while emphasising streamlined pathways to long-term opportunities in Australia.

The Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 introduce critical changes aimed at safeguarding visa applicants experiencing family violence. These changes expand the family violence provisions to include 11 additional visa subclasses, such as Parent, Business Talent, and Contributory Parent visas. The amendments allow secondary applicants to claim family violence and secure permanent residency even if their relationship with the primary applicant ends due to violence.

Key highlights include:

• The family violence provisions now cover a broader range of scenarios, including instances where family violence leads to a breakdown of the primary applicant's visa criteria.
• Amendments ensure secondary applicants and their dependents can retain visa eligibility without financial penalties, such as waivers on additional visa application charges for those unable to meet English proficiency requirements.
• The "one fails, all fail" principle remains but adapts to include family members impacted by family violence, ensuring consistency in visa decisions.

These amendments reflect Australia's commitment to protecting vulnerable visa applicants from being compelled to stay in harmful relationships. They align with the National Plan to End Violence Against Women and Children 2022-2032.