Australian Immigration Daily News

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.

The Migration Amendment (Subclass 070 Bridging (Removal Pending)) Visa) Regulations 2024 introduces significant updates to visa regulations for non-citizens released from detention under section 195A of the Migration Act 1958. These changes aim to enhance community safety and ensure compliance with Australian immigration laws.

Key Updates:

• Expanded Eligibility: Non-citizens granted a Subclass 070 visa by the Minister under personal powers can now be released from detention, subject to strict conditions designed to ensure public safety.
• Mandatory Conditions: Visa holders may be required to comply with electronic monitoring, curfews, and other community safety measures as part of their visa conditions.
• Compliance Rules: Strengthened oversight ensures that visa holders adhere to the specified conditions, maintaining the integrity of Australia's migration system.
• Public Interest Powers: The Minister retains the authority to grant Subclass 070 visas in circumstances deemed to be in the public interest, balancing individual considerations with broader community protection.

Implementation:
These amendments take effect immediately upon registration and align with the Australian Government’s commitment to ensuring a robust and secure migration framework. They reflect a balance between humanitarian considerations and the need for community safety and compliance.

The Migration Amendment (Labour Agreement Requirements) Regulations 2024 introduces critical updates to the skilled migration framework for the Subclass 186 (Employer Nomination Scheme), Subclass 482 (Skills in Demand), and Subclass 494 (Skilled Employer Sponsored Regional) visas.

Key Updates:

• Employers operating under labour agreements now have enhanced flexibility to tailor criteria for English language proficiency, age, qualifications, and work experience to meet specific workforce needs.
• Legislative provisions have been clarified to support alternative nomination requirements, ensuring these agreements are adaptable to address regional labour shortages.
• The amendments strengthen pathways to permanent residency for skilled migrants via the Labour Agreement stream.

Implications: These changes empower employers to address skill shortages effectively while maintaining protections for Australian workers. Skilled migrants benefit from more transparent and efficient criteria, particularly in regional areas.

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 introduces pivotal changes to the Migration Regulations 1994, enhancing the oversight and integrity of skills assessment processes for migrants. These changes align with the Australian Government's broader migration strategy to ensure high standards and timely delivery of skills assessments by designated authorities.

Key highlights include:

• The introduction of express powers for the Skills Assessment Minister to approve, impose conditions on, or revoke the approval of assessing authorities for skilled occupations. This ensures only suitable bodies handle skills assessments.
• Mechanisms for internal reconsideration and merits review, promoting transparency and fairness in decisions related to assessing authorities.
• Clarity on how these regulations apply to existing and future assessments, maintaining a robust framework for skilled migration.

These amendments are significant for skilled migrants and assessing authorities alike, solidifying Australia's commitment to maintaining a high-quality migration system.