Australian immigration law has been for many years, one of the most complex areas of law. It is ever-changing, with updates and changes happening almost every month. The Migration Act is consequently one of, if not the most litigated piece of laws in Australia. The global pandemic and recent change of government have also sparked further revamp in the immigration law landscape.
In early September 2022, the Jobs and Skills Summit was held. While it was purposed to solve many current challenges in the Australian labour market and economy, immigration law remains one of the central topics of discussion. The following are key outcomes that may change the climate in immigration law.
Increase in the Migration Program Planning Levels
The permanent migration program numbers will be increased for the year 2022-23, to ease the critical workforce shortages. The new figures are as follows.
- 195,000 places in total (up from 160,000 in the previous year)
- 34,000 regional places (up from 25,000)
- 31,000 state and territory places (up from 11,000)
Increased funding
The Government will invest more than $36million to speed up visa processing by increasing staff capacity by 500 people in the next 9 months..
Changes for International Students
International graduates of Australian universities will be able to stay and work longer in Australia after they finish their studies. The proposed changes on the duration of the graduate visa, as announced by the Hon Clare O’Neil MP, Minister for Home Affairs, are as follows.
- Four (4) years for select bachelor’s degrees (up from 2 years)
- Five (5) years for select masters degrees (up from 3 years)
- Six (6) years for select PhDs (up from 4 years)
We expect further announcements from the Department of Home Affairs regarding the above. In addition, current student visa holders in Australia will also remain to be able to work full-time until 30 June 2023, so businesses can employ them to ease labour shortages.
Changes for Employers and Sponsored Workers
There will be further updates in pathways to permanent residency for sponsored workers in Australia. The minimum salary, or what is referred to as the Temporary Skilled Migration Income Threshold (TSMIT) will also be reviewed and potentially be increased.
The Government will also conduct a review of the current skilled migration occupation lists, labour market testing requirements, industry sponsorships, as well as the Migration Workers’ Taskforce, to eliminate the exploitation of migrant workers.
Further Review
It was also announced that an in-depth review of the Australian migration program will take place. This will be led by the Vice Chancellor of the Australian National University (ANU), Professor Brian Schmidt. While there are no confirmed parameters of the review as yet, the Government has indicated that they will not wait for the review to be completed before implementing the above changes.
If you plan to migrate to Australia or obtain permanent residency/citizenship in Australia, you need to plan ahead. Navigating these changes can be difficult, and we highly recommend you seek representation from an experienced immigration law practitioner.
To understand your options and any risks associated with them, contact our office. One of our advisors will be able to guide you in planning your migration journey to Australia.
