Australian Immigration Daily News

Effective Date: 1 July 2024

Purpose: The Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024 introduces several significant changes to the Migration Regulations 1994 to streamline and improve the Temporary Graduate visa program. These amendments are part of the Australian Government's commitment to strengthen and simplify the migration system as outlined in the Migration Strategy released on 11 December 2023.

Key Amendments:

1. Closure of Certain Visa Applications:

   • The Subclass 476 (Skilled – Recognised Graduate) visa is closed to new applications.
   • The Temporary Graduate visa in the Replacement stream is closed to new applications.
   • The two-year nil Visa Application Charge (VAC) extension for the Temporary Graduate visa in the Post-Study Work stream is also closed to new applications.

2. Renaming Visa Streams:

   • The Temporary Graduate visa in the Graduate Work stream is renamed to the Post-Vocational Education Work stream.
   • The Temporary Graduate visa in the Post-Study Work stream is renamed to the Post-Higher Education Work stream.

3. Amendments to Existing Instruments:

   • The instrument repeals the Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument (LIN 20/162) 2020 and the Migration (English Language Requirements for Subclass 476 (Skilled – Recognised Graduate) and Subclass 485 (Temporary Graduate) Visas) Instrument (LIN 24/021) 2024 to reflect the closure of the Subclass 476 visa and the changes in the Temporary Graduate visa streams.
   • The Migration (Specified Qualifications Applicable for Extension of Subclass 485 Visa) Instrument (LIN 23/048) 2023 and the Migration (Institutions and Disciplines for Subclass 476) (LIN 24/015) Specification 2024 are repealed as they no longer apply under the new regulations.

Consultation: The Department of Home Affairs consulted with relevant internal stakeholders, external government agencies, and key international education sector stakeholders. This included discussions through the Council for International Education and the Education Visa Consultative Committee to ensure the changes are well-informed and effective.

Regulatory Context: These changes are designed to address issues identified in the Parkinson Review and the Nixon Review, focusing on reducing the number of visa holders becoming 'permanently temporary' and improving labour market outcomes.

Exemption from Disallowance: The instrument is exempt from disallowance under section 42 of the Legislation Act as it is made under Schedules 1 and 2 of the Migration Regulations.

These amendments reflect the Australian Government's commitment to maintaining the integrity of the migration system while ensuring the Temporary Graduate visa program supports better outcomes for visa holders and the Australian economy. For further details, please refer to the full explanatory statement.

Source: LIN24044.pdf and LIN24044-Explanatory-Statement.pdf