Australian Immigration Daily News

New Treaty Stream Visa for Tuvalu Citizens – What You Need to Know

The Migration (Subclass 192 Pacific Engagement Visa Pre-application Process – Treaty Stream) Determination 2025 introduces a new migration pathway for Tuvaluan citizens, strengthening Australia’s regional partnerships. This initiative is part of the Australia-Tuvalu Falepili Union Treaty, providing Tuvaluans with a special mobility pathway to live, work, and study in Australia.

Key Highlights:

✔ Ballot System – A random selection process will determine who is eligible to apply.
✔ 280 Visa Places – Separate from the Pacific Engagement Visa’s 3,000 places.
✔ Eligibility – Open to Tuvalu citizens with strong ancestral ties to Tuvalu.
✔ No Work or Study Restrictions – Successful applicants can choose how much time they spend in Australia.
✔ Indefinite Travel Facility – Allows free movement between Tuvalu and Australia.

This initiative reflects Australia’s commitment to supporting Tuvalu’s long-term sustainability while offering an equitable, fair, and structured migration program. The Department of Home Affairs continues to play a critical role in ensuring the integrity and fairness of the process.

The Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa – Pacific Engagement Stream) Instrument 2025 establishes the English language proficiency criteria for applicants under the Pacific Engagement stream of the Subclass 192 visa. This instrument replaces the 2024 version (LIN 24/023) and will take effect from 1 May 2025.

Key Provisions

• Certain primary applicants and their spouse or de facto partner may be required to meet specific English language requirements as part of their visa application.
• Applicants can demonstrate their proficiency through one of the five recognised English language tests:
  • International English Language Testing System (IELTS)
  • Pearson Test of English (PTE Academic)
  • Test of English as a Foreign Language (TOEFL iBT) (only tests taken before 25 July 2023)
  • Cambridge English: Advanced (CAE)
  • Occupational English Test (OET)
• Unlike other visa categories, minimum reading and writing test scores are not required, with the focus primarily on speaking and listening skills to support effective communication and community integration.
• Applicants who do not meet the required English proficiency standards will have access to the Adult Migrant English Program (AMEP) at no cost upon arrival in Australia.

Significance of the Instrument

The introduction of tailored English language requirements for the Pacific Engagement Visa ensures that visa holders are equipped with essential communication skills while maintaining accessibility and fairness. This approach reflects Australia’s commitment to a structured and inclusive migration program that promotes successful settlement and participation in Australian society.

The Department of Home Affairs continues to uphold robust migration integrity standards while fostering regional engagement and long-term social and economic benefits for migrants from Pacific island nations and Timor-Leste.

The Migration (Subclass 192 (Pacific Engagement) Visa Pre-application Process – Pacific Engagement Stream) Determination 2025 (LIN 25/020) is a legislative instrument issued under subsection 46C(14) of the Migration Act 1958. It establishes the pre-application process for the Pacific Engagement stream of the Subclass 192 Pacific Engagement Visa, replacing the 2024 version (LIN 24/011). This determination supports amendments introduced by the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025.

Purpose and Key Provisions

• Establishes a random ballot selection process for prospective visa applicants.
• Eligible participants must register online via ImmiAccount and, if selected, may proceed with a visa application.
• Open to citizens aged 18-45 from Pacific island nations and Timor-Leste (excluding New Zealand citizens).
• Sets an annual cap of 3,000 places, separate from Australia’s permanent migration program.
• Registration requires a $25 application fee and is only available during specific open periods set by the Department.

Consultation and Legislative Considerations

• Developed through extensive government consultation, including with the Department of Foreign Affairs and Trade, Treasury, the Department of Social Services, and the Department of Education.
• Classified as a disallowable legislative instrument, subject to parliamentary oversight under the Legislation Act 2003.
• Assessed against human rights standards, with findings that the instrument is reasonable, necessary, and proportionate to ensure equitable access to visas.

Conclusion

The Subclass 192 Pacific Engagement Visa is designed to strengthen Australia’s regional partnerships by providing a structured and fair migration pathway for citizens of Pacific island nations and Timor-Leste. The Department of Home Affairs has implemented a transparent and equitable selection process, ensuring compliance with migration integrity principles while supporting regional mobility and economic collaboration.

Source: Migration-Subclass-192-Pacific-Engagement-Visa-Pre-application-Process-Pacific-Engagement-Stream-Determination-2025.pdf and

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 (LIN 25/017) is issued under clause 4.1 of Schedule 4 of the Migration Regulations 1994 by the Minister for Immigration and Multicultural Affairs. The instrument replaces and repeals the previous Code of Behaviour instrument (LIN 24/031), ensuring continuity beyond 31 March 2025, when the former instrument was set to self-repeal.

Purpose & Application

• The instrument maintains the existing Code of Behaviour applicable to Subclass 050 (Bridging (General)) visa applicants who:
  • Are at least 18 years old at the time of application, and
  • Currently hold or have previously held a Bridging E (Class WE) visa granted under section 195A of the Migration Act 1958 (Ministerial discretionary power).
• The Code outlines expected behaviour standards for visa holders released from immigration detention on a Bridging E visa.

Key Provisions

• Section 1-5 of the instrument define its commencement, legislative authority, and scope.
• Schedule 1 specifies the approved Code of Behaviour for visa applicants.
• Schedule 2 formally repeals LIN 24/031, ensuring the seamless continuation of the Code of Behaviour requirements.

Consultation & Legislative Impact

• No external consultation was undertaken as LIN 25/017 does not introduce any substantive changes, only continuing the previously approved Code of Behaviour.
• The Office of Impact Analysis (OIA) determined that no further analysis was required (OIA reference: OIA25-09231).
• The instrument is exempt from parliamentary disallowance under section 42 of the Legislation Act 2003, ensuring its uninterrupted enforcement.

Conclusion

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 preserves the existing behavioural requirements for certain Subclass 050 visa holders, ensuring that those released from detention under Ministerial discretion adhere to established conduct expectations. The instrument primarily serves to extend existing provisions without modification, maintaining clarity and regulatory consistency.

Source: Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025.pdf and Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025---explanatory-statement.pdf

The Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 amend the Migration Regulations 1994 to introduce a differential (lower) Visa Application Charge (VAC) for Subclass 500 (Student) and Subclass 590 (Student Guardian) visa applicants who hold a valid passport issued by a specified country in the Pacific or Timor-Leste. These amendments replace a previous partial refund scheme and provide direct reduced fees from 22 March 2025 onwards.

Key Amendments:

1. Repeal of Partial Refund Provisions – The previous policy that allowed eligible applicants to claim partial refunds of the VAC after payment is revoked.
2. Introduction of Differential VAC – Eligible applicants from the Pacific and Timor-Leste will now pay a lower VAC at the time of application rather than seeking a refund later.
3. Eligibility Criteria– The reduction applies to:
   • Primary applicants holding a valid passport from eligible countries.
   • Secondary applicants (family members) applying jointly or as dependents of an eligible visa holder.
4. Reduced VAC Amounts:
   • Primary Applicant: $710 (instead of the standard $1,600).
   • Additional Applicant (18+ years): $530 (instead of $1,190).
   • Additional Applicant (under 18 years): $175 (instead of $390).
5. Transition Period – Applicants who lodged between 1 July 2024 and 21 March 2025 can still apply for a refund until 22 June 2025.
6. Policy Intent – The amendment supports Australia’s engagement with the Pacific region, promoting educational and economic opportunities for these countries.

Legal & Policy Context:

• The Migration Act 1958 authorises the Australian Government to set and amend visa fees through regulations.
• The amendment aligns with Australia’s international education policies and regional cooperation efforts.
• The change does not trigger human rights concerns but is justified as a positive measure to support access to education for Pacific nations.

Conclusion:

The Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 aim to strengthen Australia’s ties with the Pacific and Timor-Leste by making student visas more affordable for eligible applicants. It replaces the refund model with a direct fee reduction, streamlining the process and reducing financial burdens on eligible students.

Source:  Migration-Amendment-Differential-Student-Visa-Application-Charge-Regs-2025.pdf and