1 July 2024 marks the start of the new Migration Program year (2024/25) and this year, in particular, there are several significant changes to the Australian immigration law.
Surging Lodgement Fee
The Department of Home Affairs will impose higher lodgement fees across various visa categories. Notably, Student visa (subclass 500) fees will soar from $710 to $1,600, with most other visa fee increase in line with the forecast Consumer Price Index (CPI) (2.75%) and rounded to the nearest $5. Appeals to the Administrative Appeals Tribunal will also face fee hikes.
From 1 July 2024, the application fees for merits review by the AAT will be:
- For a review of a migration decision under Part 5 of the Migration Act 1958- $3,496, up from $3,374
- In cases where a 50% fee reduction is granted, the reduced fee will be $1,748.
- For review of a protection visa decision under Part 7 of the Migration Act 1958 – $2,151, up from $2,076 (generally, this fee is payable only if the application is not successful)
From 1 July 2024, the filing fees for an application with the Federal Circuit Court for a migration decision will be:
- Full fee – $3,920, up from $3,785
- If a registrar or an authorised officer has determined that a reduced fee may be paid under s 2.06A – $1,960, up from $1,890
For detailed information, please refer to the Government Gazette, the Administrative Appeals Tribunal (AAT) website, and the Federal Circuit and Family Court of Australia website.
TSMIT and FWHIT Adjustments
Effective 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will increase to $73,150, excluding superannuation. This adjustment affects new nomination applications, requiring employers to meet this threshold or the Annual Market Salary Rate (AMSR), whichever is higher. Additionally, the Fair Work High Income Threshold (FWHIT) will rise to $175,000, influencing criteria such as age exemptions in employer-sponsored visas and the minimum salary threshold for the Global Talent Independent (GTI) program.
Changes to Visa Conditions in Immigration Law
Starting 1 July 2024, significant updates to visa conditions 8107, 8607, and 8608 will affect holders of Temporary Work (Skilled) visas (subclass 457), Temporary Skill Shortage visas (subclass 482), and Skilled Employer Sponsored Regional (provisional) visas (subclass 494). These changes include extended time frames for job transitions, increased sponsor responsibilities for reporting employment changes, and strict compliance with licensing and registration requirements specific to occupations. The revisions aim to support visa holders during job changes, enhance regulatory compliance, and encourage a fair and dynamic labour market in Australia.
Accelerating Regional Visas
The Government plans to fast-track regional visas, addressing regional employers’ needs through a newly released Discussion Paper.
Overhauling Graduate 485 Visa and Closure of 476 Visa
The Temporary Graduate visa program will undergo modifications to align visa conditions with current educational and occupational demands. Changes include renaming streams, adjusting age limits, and revising stay durations. The Post-Vocational Education Work Stream will have an age cap of 35 years (50 for certain passport holders) with specific qualification requirements. The Post-Higher Education Work Stream will have updated stay durations and age limits, with some extensions for eligible nationals.
Working Holiday Visa Changes
The Working Holiday visa program in immigration law will see two key changes:
- Nationals of the Philippines can now access the Work and Holiday (Subclass 462) visa.
- UK nationals are no longer required to complete three months of “specified work” to obtain their second or third Working Holiday visa.
- Papua New Guinea (PNG): Up to 100 PNG nationals can travel to Australia on a Work and Holiday (subclass 462) visa without needing a Letter of Support.
- Indian Nationals: The new Trade Agreement (ECTA) will make 1,000 Work and Holiday Program places available to young Indians.
- China, Vietnam, and India: Due to anticipated demand, these visas are subject to a pre-application ballot
Urgent Deadline for Legacy 457 Visa Holders
Legacy 457 visa holders are urged to apply for the Employer Nomination Scheme (ENS) Subclass 186 visa by 30 June 2024. The age exemption for legacy 457 visa holders seeking employer-sponsored permanent residency will cease after this date.
Stricter Employer Compliance
The new regulations for immigration law increase fines for infringement notices, introduce notices for violations of newly introduced civil penalty provisions, and eliminate reduced penalties for first-time infringements. These amendments aim to boost employer compliance with migration regulations by imposing stricter penalties and ensuring consistent enforcement of workplace standards.
Student Visa Eligibility Changes
Starting 1 July 2024, Visitor (Subclass 600) visa holders, eVisitor/ETA visa holders, and Graduate (Subclass 485) visa holders will no longer be permitted to apply for a Student (Subclass 500) visa while in Australia. They must apply for a Student visa from outside Australia and await a decision before entering the country. This immigration law change is part of the Migration Strategy aimed at preventing “visa hopping” onto the Student visa program.
Mandatory Hepatitis B Testing
Starting 1 July 2024, individuals aged 15 years and older from high-risk Hepatitis B countries will be required to undergo Hepatitis B testing as part of their visa health examinations. This new immigration law requirement aims to ensure health security and prevent the spread of Hepatitis B in Australia.
Revised Approach to Criminal History
Visas are still featuring strongly in the media, with the people with criminal history: The Government has faced backlash regarding the granting of visas to individuals with character issues (e.g., criminal history). In response, the Government released a new Ministerial Direction 110 to replace the controversial Ministerial Direction 99.
Closure of BIIP and Introduction of National Innovation Visa
The Business Innovation and Investment Program (BIIP) will stop accepting new applications starting 1 July 2024. The BIIP will be succeeded by a new National Innovation visa, expected to be launched in late 2024.
Workplace Justice Visa with NIL Visa Application Charge
Effective 1 July 2024, the Australian Government has introduced the Workplace Justice visa under the Subclass 408 (Temporary Activity) visa, with a visa application charge (VAC) of nil for eligible applicants. This visa is available to temporary migrants with certification regarding their workplace exploitation matter from a participating government entity or an accredited non-government party.
How Can We Help
The changes to Australian immigration law effective from 1 July 2024 are significant and wide-ranging, impacting various visa categories and requirements. It is crucial for individuals and employers to stay informed about these changes to ensure compliance and make the most of the new opportunities available. If you have any questions or need assistance, please contact our team for expert guidance.
