Australian Immigration Daily News

The Department of Home Affairs has introduced Ministerial Direction No. 111 (MD111), which came into effect on 19 December 2024, replacing Ministerial Direction No. 107 (MD107). This updated direction aims to enhance fairness, sustainability, and integrity within Australia’s international education sector while streamlining visa processing to ensure equity and efficiency.

Key Highlights:

1. Revocation of MD107: MD107, which was found to disproportionately impact certain education providers, has been revoked. MD111 replaces it with a more balanced framework.

2. Scope of MD111:

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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.