The Budget 2024 has introduced several reforms in the Australian migration policies and trends. A comprehensive analysis of the impact of national budget 2024 on immigration policies and trends is given below: Drop in Net Overseas Migration The net overseas migration numbers are expected to decrease significantly, from 528,000 to 260,000 by 2024-25. Allocation of132,200 spots to skilled workers Out of 185,000 places 70 % have been allocated to skilled stream. The planning horizon for the permanent Migration Program will also be extended to delivering a better managed migration system from one year to four years. Streamlining Work & Holiday Visa Program Starting in the 2024–25, the government will implement a visa pre-application ballot system for the capped Work and Holiday (subclass 462) visa program for applicants from China, Vietnam, and India. This ballot system aims to better manage demand and streamline application processing times for these countries. A ballot fee of $25 will be introduced, which will be adjusted annually in line with the Consumer Price Index. New mobility pathway for Indian graduates and early career professionals The Government will implement a new Mobility Arrangement for Talented Early-professionals Scheme (MATES) program for Indian nationals from 1 November 2024. MATES will provide a new mobility pathway for 3,000 Indian graduates and early career professionals between the age of 18 to 30 years (at the time of application), with knowledge and skills in targeted fields of study to live and work in Australia for up to two years. Extension of Business Visitor visa for Indian Nationals upto 5 Years The validity of the Visitor visa (subclass 600) Business Visitor stream for Indian nationals from up to three years to up to five years. New National Innovation Visa to replace Global Talent Visa The current Global Talent visa (subclass 858) will be replaced by a new National innovation Visa by late 2024, to target exceptionally talented migrants who will drive growth in sectors of national importance. Business Innovation and Investment visa program to be discontinued The Business Innovation and Investment visa program (BIIP) will end and the applicants withdrawing their BIIP application will receive the refunds of the visa application charge from September 2024. Reduction in the work experience requirement for Temporary Skill Shortage (sc482) visa From 23 November 2024 onwards, the work experience requirement for the Temporary Skill Shortage (subclass 482) visa will be reduced from two years to just one year for all applicants. Introducing Administrative Review Tribunal to replace AAT to address migration backlogs Investment of $1.0 billion to establish and support the new Administrative Review Tribunal (ART), which will replace the Administrative Appeals Tribunal (AAT), and to alleviate court backlogs associated with high numbers of applications for judicial review of migration decisions. Extending support to temporary visa holders The Escaping Violence Payment trial and Temporary Visa Holders Experiencing Violence Pilot will be extended until 30 June 2025, with the commencement of a new Leaving Violence Program in mid-2025. The allocation of funds in national budgets plays a crucial role in shaping immigration policies and trends. Australian Budget 2024 aims to deliver a better managed migration system in order to drive greater economic prosperity and restore its integrity.
Migration (English Language Requirements for Subclass 476 (Skilled – Recognised Graduate) and Subclass 485 (Temporary Graduate) Visas) Instrument 2024 dated 21 March 2024 increases the required English language test scores, as part of the Australian Government’s Migration Strategy announced on 11 December 2023, to improve the integrity of the temporary graduate visa program. The instrument repeals Migration Regulations 1994 – Specification of English Language Tests, Scores and Passports 2015 and has made the following changes: The test scores have not increased for Hong Kong or British National (Overseas) passport holders and are still required to have an IELTS score of 6.0 (or equivalent), with at least 5.0 in each component. The Instrument is registered on the Federal Register of Legislation on 21 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2024 dated 21 March 2024 increases the required English language test scores, as part of the Australian Government’s Migration Strategy announced on 11 December 2023, to improve the integrity of the student visa program. The instrument repeals Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 and specifies new English language proficiency requirements to satisfy the criterion for the grant of a Subclass 500 (Student) visa. The following changes have been introduced: The Instrument is registered on the Federal Register of Legislation on 21 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 (the Regulations) dated 14 March 2024 amend the Migration Regulations 1994 to permit certain PALM scheme workers who are granted visas for between one and four years to apply to bring their family to Australia, if supported by the scheme. The Pacific Australia Labour Mobility (PALM) scheme provides for the entry and temporary stay of workers from Pacific island countries and Timor-Leste for the purpose of overcoming workforce shortages across Australia. Previously, only the workers participating in the PALM scheme were allowed to apply for and be granted a visa and not the secondary applicants. The Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 now allows PALM scheme workers who are granted visas to live and work in Australia for between one and four years to apply to bring their family to Australia, if supported by the scheme. However, PALM scheme workers with visa up to nine months at a time are not eligible to bring their families to Australia. To make a valid application for a Subclass 403 visa as a secondary applicant in the PALM stream: The amendments further provide a visa application charge of AUD$335 for any PALM stream secondary applicant who is at least 18 years of age and $80 for any PALM stream secondary applicant who is less than 18. The VAC for the primary applicant remains unchanged at AUD$335. The Instrument is registered on the Federal Register of Legislation on 20 March 2024 and commenced on 25 March 2024. It is currently in force. To access the instrument, click here.
Migration (Visa Pre-application Process) Charge Regulations 2024 dated 14 March 2024 prescribe the amounts of charge to be imposed on the registration of a person as a registered participant in a visa pre-application process. The Migration Amendment (Subclass 192 (Pacific Engagement Visa) Regulations 2024 amend the Migration Regulations 1994 to introduce a new Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The Pacific Engagement visa is the first visa to utilise the visa pre‑application ballot process as a requirement to lodge a valid visa application. It is necessary to impose a minimal charge on registering in the Pacific Engagement visa ballot to ensure that registrants are genuine and have thoughtfully considered their ability to pursue the visa if selected. The Regulations prescribe an amount of AUD25 as the charge for registration as a registered participant in a ballot for the new Pacific Engagement visa. The charge must be paid at the time of registration. If the charge is not paid at this time, the person is taken to never have been registered as a registered participant in the visa pre-application process. The Charge Act establishes a ceiling of AUD100 as the maximum charge that may be prescribed for a particular ballot. It is expected that additional visas may employ this ballot procedure in the future. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
Migration Amendment (Subclass 192 (Pacific Engagement) Visa) Regulations 2024 dated 14 March 2024 amend the Migration Regulations 1994 to introduce a new permanent Subclass 192 (Pacific Engagement) visa which will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units. The regulations also prescribe the requirements to be met for making a valid application for the subclass 192 visa including the requirement that a primary applicant must have been randomly selected in a visa pre-application process relating to the country of which the applicant is a citizen and other requirements to be met in relation to the grant of a Subclass 192 (Pacific Engagement) visa. The PEV program will offer permanent residency to eligible citizens of participating Pacific island countries and Timor-Leste, and their immediate family members, who have been randomly selected through a visa pre-application ballot process (the rules that apply in relation to the eligibility for, and conduct of, the PEV pre-application ballot process will be set out in the PEV Determination). Entrants successfully drawn in the ballot and their immediate family members are able to apply for a PEV. As per the Amendment Regulations, in order to make a valid application for a PEV, a primary applicant must The visa application charge (VAC) for the PEV is AUD325 for the primary applicant and AUD80 for each additional applicant included in the application as a migrating family member, payable at the time the visa application is made. Pacific Engagement Visa endorses the Government’s commitment to enhance Australia’s connections with the Pacific region and will notably raise the number of people from Pacific island nations and Timor-Leste who can obtain permanent residency in Australia. The Instrument is registered on the Federal Register of Legislation on 19 March 2024 and commenced on 29 March 2024. To access the instrument, click here.
Migration Amendment (Suspending Education Providers) Regulations 2024 dated 14 March 2024 supports implementation of the Government’s Migration Strategy announced on 11 December 2023. The Regulations amends the Migration Regulations 1994 to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the ESOS Act. The ESOS Act sets out rules for registering providers offering education services to international students. Section 97 of the Act allows the Immigration Minister to issue a suspension certificate to a registered provider or their associate if they believe that substantial number of international students are coming to or staying in Australia for purposes not contemplated by their visa. This initiative is part of the Australian Government’s Migration Strategy, aimed to support integrity in the international education system and to support genuine overseas student. Under subsection 97(2) of the ESOS Act, in considering whether to give such a certificate, the Immigration Minister may have regard to any of the following: the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application; the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas; the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses; any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958. Under section 98 of the ESOS Act, before issuing a suspension certificate, the Immigration Minister must give the registered provider a written notice stating that they intend to give the provider a suspension certificate and why. The effect of a suspension certificate is that the provider would not be able to recruit new international students for the period that the suspension certificate remains in force (6 months). However, existing students may continue their studies with the provider. The Amendment Regulations amend the Migration Regulations to provide the Minister with the ability to specify by instrument the method for working out a score, when and how often a relevant score is to be worked out and the period in which a relevant score has effect for a registered provider in a legislative instrument. The Instrument is registered on the Federal Register of Legislation on 22 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
The Migration Amendment (Subclass 500 Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Student visa applicants intend to genuinely stay in Australia temporarily. The Subclass 500 visa allows international students (and members of their family unit) to enter, study and work in Australia for the duration of the primary visa holder’s studies. Previously, in order for a Subclass 500 visa to be granted, an applicant needed to satisfy the genuine temporary entrant requirement that is the applicant intend to genuinely stay in Australia temporarily, which was a way of assessing that the applicant is a genuine student. However, the requirement caused confusion and possibly deterred future migration to Australia, as many international students plan to apply for permanent residency after finishing their studies. The Subclass 500 visa can be a genuine route to permanent residency, as the skills gained from studying can help fill skill shortages in Australia. The amendment aims to enhance the evaluation of a student’s genuine intention to study in Australia and better detect any non-genuine international students entering Australia for reasons other than study. With the amendment, the genuine student criterion enables the decision-maker to assess whether the visa applicant genuinely intends to enter and stay in Australia as a student, taking into account various factors such as the applicant’s situation, immigration history, adherence to visa conditions, and any other relevant factors. The Instrument is registered on the Federal Register of Legislation on 18 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
From mid-2024 international higher education graduates will no longer be able to apply for the two-year extension of their post study work rights on their Temporary Graduate visa (subclass 485). From 1 July 2023, the extended post-study work rights for additional two years were conferred on international graduates with degrees in select areas of verified skill shortage, on their Temporary Graduate visa (subclass 485). Those extended post-study work rights will no longer be available to such graduates from mid-2024.
The Migration Regulations has been amended to insert new visa condition 8208 which applies to Subclass 500 visas to safeguard against the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs. The following instruments will activate the provisions of visa condition 8208: Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 determines condition 8208 of Schedule 8 to the Regulations to be part of the designated migration law for the purposes of section 495A of the Act. Condition 8208 requires student visa holders to obtain the approval of the Minister to undertake critical technology related study in a postgraduate research course. The Minister’s decision regarding granting such approval would follow an assessment of the risk of an unwanted transfer of critical technology by the visa holder. The purpose of this Instrument is to allow the Minister to use computerised programs for decision-making in certain circumstances. The instrument is registered on the Federal Register of Legislation on 19 February 2024 and will commence on the 1 April 2024. To access the instrument, click here. Migration (Critical Technology -Kinds of Technology) Specification (LIN 24/010) 2024 specifies seven kinds of technology included in the definition of critical technology in regulation 1.03 of the Migration Regulations namely: This instrument commences on 1 April 2024 and applies: To access the instrument, click here.