ETS has announced a number of enhancements for TOEFL IBT tests including a shortened test with fewer questions, simple registration process and increased score transparency. As per the enhancements by ETS, from 26 July 2023, the time allocated for both the reading and speaking tasks of TOEFL iBT test has been shortened significantly. The test will now take less 2 hours instead of three to complete as a result of streamlined instructions and navigation throughout the test, replacement of Independent Writing task with “Writing for an Academic Discussion” task. Furthermore, a shorter Reading section with just two reading passages instead of three as well as fewer questions related to them, will also contribute to a shorter duration of test and the test takers will be able to complete the reading task in about 35 minutes which previously took up to an hour and ten minutes to complete. Moreover, unscored test questions have been removed from the new test format The enhancement also includes simplified registration process and increased score transparency beginning July 2023. Registration process has been updated and the candidates for the test can create an account and register for an available TOEFL iBT test date quicker and easier than ever before and will see their official score and release date upon completion of the test, in addition to receiving real-time notification of changes to their score status. The enhancements, however, doesn’t affect the existing speaking section of the test. These changes will benefit those taking the test from 26 July onwards. Test takers who have already registered for a TOEFL iBT test have the option to reschedule their test date for free, if they’d like to experience these new enhancements, or move up their test date before they take effect. TOEFL has been an industry standard for almost six decades, and these enhancements to create an optimal experience for test takers, further accentuate its position.
Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 dated 1 July 2023 incorporates the amendments made by Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 to increase the Temporary Skilled Migration Income Threshold from the rate of $53,900 to $70,000 from 1 July 2023 to ensure a better targeted skilled migration system. The Temporary Skilled Migration Income Threshold (TSMIT) has been increased from $53,900 to $70,000. Therefore, from 1 July 2023, the annual market salary rate for the nominated occupation and the guaranteed annual earnings the nominator will pay to the worker must be at least $70,000. TSMIT and Labour Agreement The new $70,000 TSMIT will apply to labour agreement nominations lodged on or after 1 July 2023. The existing TSMIT salary concessions in the form of percentage reduction to TSMIT rate remains available through Labour Agreements. Before 1 July 2023 salary concessions of up to 10% for TSMIT at $53,900 amounted to minimum salary of $48,510; from 1 July 2023 salary concessions of up to 10% for TSMIT at $70,000 will amount to a minimum salary of $63,000. The TSMIT change will not impact Aged Care Industry Labour Agreements which have a specified salary in dollars. Salary Assessments for Australian Permanent Residency For 6 months until 31 December 2023, the Department will allow non-monetary benefits such as accommodation or a car to go towards assessing AMSR for the Temporary Residence Transition stream of the Employer Nomination Scheme (subclass 186) visa. This is in recognition of the large increase in the TSMIT, but it is time limited to ensure it does not stifle wage growth in the longer term. This applies for the calculation of the AMSR only, the actual guaranteed monetary earnings of the nominated worker would need to be at least TSMIT (excluding non-monetary benefits). Employers must demonstrate that an equivalent Australian worker with the same level of skills and experience as the Nominee would also have been offered a similar salary. While applying these arrangements, careful consideration will be given to ensure that employers are not trying to exploit workers by offering non-genuine non-monetary benefits.
The Australian Capital Territory (ACT) Government has the flexibility to address skills shortages and labour market needs in the Territory through the state/territory nominated stream of the Australian Migration Program. The Australian Government allocates the ACT a fixed number of nomination places each financial year. The interested persons can apply for ACT nomination by completing score-based ‘Canberra Matrix’ where points can be claimed against specific criteria including skilled employment, English proficiency, formal qualifications, length of ACT residence / study, investment activity and close family ties, etc. Canberra has a fixed number of nomination places available each month (pro-rata against the annual allocation). Invitation Round: 14 July 2023 The highest ranked Matrix in each occupation were invited to apply for ACT nomination. The cut‑off for selection depended on the remaining monthly allocation, the date and time of Matrix submission, occupation cap and demand. The greater the demand for a particular occupation, the higher the rank of the Matrix score invited. Matrix nominating Small Business Owners: 24 invitations Matrix nominating 457 visa / 482 visa holders: 11 invitations Matrix nominating Critical Skill occupations: 226 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 561 invitations Matrix will not be prioritised or issued invitations based on personal circumstances. This includes, but is not limited to, visa expiry dates or a change in circumstances including critical birthdays. The minimum ranking score is not a guarantee but rather an indication that an invitation was issued. Invitations were not issued if the applicants have an active application in the system or the applicants have previously received ACT nomination. The next Canberra Matrix invitation round will be held before 18 August 2023.
Compilation of Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 incorporates the amendments made by Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023 to increase the maximum age for eligible United Kingdom applicants for a Subclass 417 visa, from 30 to 35 years. Subitems 1225(1) and (3) of Schedule 1 to the Regulations require that the application for a subclass 417 visa must be made using the approved form, at the place and in the manner, specified in relation to a class of persons that includes the applicant in a legislative instrument made under subregulation 2.07(5) of the Regulations. (LIN 22/051) prescribes the requirements that an applicant for a subclass 417 visa must meet to make a valid visa application and the time of application criteria for the Subclass 417 (Working Holiday) visa. Part 417 of Schedule 2 to the Migration Regulations sets out the criteria which an applicant must satisfy to be granted a Subclass 417 visa, including: This instrument (LIN 23/047) updated the younger age specified for working holiday eligible passports issued by United Kingdom, to increase the eligible age for British applicants for a subclass 417 visa to the maximum of 35 years of age. The compilation is registered on the Federal Register of Legislation on 17 July 2023. To access the compilation, click here.
VETASSESS offers priority processing service for general and professional occupations to fast-track the application assessment of the applicants. From July 31 VETASSESS priority processing service will be reformed to allow the applicants with evidence of urgent need to receive priority when places are allocated. Urgent reasons for an applicant to apply for Priority Processing will include: It must be noted that the applicants without an urgent need can still apply for priority processing. Once places are allocated to those with an urgent need, any remaining slots will be offered to other applicants in the queue on a first-come-first-served basis. Changes to requirements for Pakistani and Nigerian applicants From August 9 it will no longer be mandatory for applicants to provide verified copies of qualifications from the registrar’s office of the awarding body of Pakistan and Nigeria. However, during the application process the applicants may be required to provide verified copies if an assessor identifies it essential to complete an assessment. This applies to qualifications from other regions as well. However, the request for verified copies by the assessor may delay the priority processing assessment process beyond the standard 10 business days. VETASSESS has also updated its information sheet for the occupation of Actuary. It will now consider studies completed towards Associateship or Membership of recognised Actuaries Institutes if an applicant holds a qualification which is assessed at AQF bachelor’s degree level but lacks the required focus on Actuarial Science.
Migration (Access to Movement Records) Instrument (LIN 23/015) 2023 dated 11 July 2023 specifies the prescribed Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records and the prescribed agencies and employees of the Commonwealth, a State or Territory, and the purpose for which those employees may access the movement records. The term ‘Movement Records’ means information stored in a notified data base, for the purposes of the Act in relation to the entry into, and departure of persons from, Australia since June 1981. The information generally includes a traveller’s name, date of birth, gender and relationship status, country of birth, departure and/or arrival date, travel document number and country, port code and flight/vessel details, visa subclass and expiry date, and the number of movements. Subsection 488(1) of the Migration Act 1958 (the Act) provides that a person must not read, examine, reproduce by any means, use, disclose by any means, any part of the Movement Records, otherwise than in accordance with an authority under subsection 488(2) of the Act where the Minister authorises it as it is required for the purposes of prescribed legislation and where the action is being performed by a prescribed employee of a prescribed agency for a prescribed purpose. Schedule 1 lists the Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records for subregulation 3.10A(1); and Schedule 2 lists the Commonwealth, State or Territory agencies, employees who can be authorised to access the movement records that would otherwise be prohibited under subsection 488(1) for paragraph 488(2)(g) of the Act and also specifies purposes for which such access is allowed. The instrument repeals Migration (LIN 20/033: Access to Movement Records) Instrument 2020 (LIN 20/033). The instrument is registered on the Federal Register of Legislation on 19 July 2023 and commenced on 20 July 2023. It is currently in force. To access the instrument, click here.
Compilation of Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021, dated 31 May 2023 incorporates the amendments made by Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022 to insert an additional international trade agreement, the Australia-United Kingdom Free Trade, (AUKFTA) Agreement in the list of agreements for paragraph 140GBA(1)(c) of the Act for which the obligation of Australia under international law, relating to international trade, is determined as an international trade obligation of Australia. The compilation incorporates the amendments made by LIN 22/098 to determine Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Migration Act 1958, to give domestic effect to those obligations for the purposes of applying the labour market testing condition. Section 140GBA of the Act sets out condition for labour market testing that needs to be satisfied by an approved work sponsor in a prescribed class who nominates a proposed occupation in certain circumstances. Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if: For paragraph 140GBA(1)(c) of the Act, under the following agreements, each obligation of Australia, relating to international trade, under international law is determined as an international trade obligation of Australia: LIN 22/098 inserts one additional international trade agreement, namely the Australia-United Kingdom Free Trade Agreement (AUKFTA) in the list of agreements for paragraph 140GBA(1)(c) of the Act. The new international trade agreement made between Australia and the United Kingdom of Great Britain and Northern Ireland is called AUKFTA. The Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Act 2022 amends the Customs Act 1901 (the Customs Act) to implement the AUKFTA. The compilation is registered on the Federal Register of Legislation on 26 June 2023 and commenced on 31 May 2023. To access the instrument, click here.
Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023 amends Migration (Arrangements for subclass 417 visa applications) Instrument (LIN 22/051) 2022 to increase the maximum age for eligible United Kingdom applicants for a Subclass 417 visa, from 30 to 35 years. Subitems 1225(1) and (3) of Schedule 1 to the Regulations require that the application for a subclass 417 visa must be made using the approved form, at the place and in the manner, specified in relation to a class of persons that includes the applicant in a legislative instrument made under subregulation 2.07(5) of the Regulations. (LIN 22/051) prescribes the requirements that an applicant for a subclass 417 visa must meet to make a valid visa application and the time of application criteria for the Subclass 417 (Working Holiday) visa. Part 417 of Schedule 2 to the Migration Regulations sets out the criteria which an applicant must satisfy to be granted a Subclass 417 visa, including: This instrument (LIN 23/047) updates the younger age specified for working holiday eligible passports issued by United Kingdom, to increase the eligible age for British applicants for a subclass 417 visa to the maximum of 35 years of age. The instrument is registered on the Federal Register of Legislation on 29 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration Amendment (Extension of Subclass 485 Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023 dated 19 June 2023 amends the Migration Regulations 1994 to allow certain Subclass 485 (Temporary Graduate) visa holders an additional duration of stay in Australia and increase permitted work hours for Subclass 500 (Student) visa holders, and holders of associated bridging visas, from 40 hours to 48 hours per fortnight to allow holders of this visa to gain valuable work experience in Australia and contribute to Australia’s workforce needs. From 1 July 2023, the stay in Australia for subclass 485 holders with select degrees as specified in a legislative instrument (to be reviewed on annual basis) including science, medicine, health care, engineering and technology will be increased by two years. There is an exception for Hong Kong passport holders and British National (Overseas) passport holders, who are granted a PSW visa valid for five years regardless of their qualification. For first Subclass 485 (Temporary Graduate) applications lodged from 1 July 2023, an additional period of two years will be added to the standard visa period. Eligible applicants applying, from 1 July 2023, for a Temporary Graduate visa in the Replacement stream, or in the Post-Study Work stream on the basis of study and residence in regional Australia, will also be granted the additional two years, if it has not been provided on a previous Temporary Graduate visa. An additional Temporary Graduate visa in the Post-Study Work stream will be available at no cost, for eligible visa holders who have not previously been provided with the extended visa duration on a previous Temporary Graduate visa. These amendments aims to support businesses across the country and help rebuild the international education sector following the pandemic. It is a practical change that will increase the availability of a well-trained and highly capable workforce to help ease current pressures. The regulations have also increased the permitted hours of work for holders of Subclass 500 (Student) visas, and for holders of associated bridging visas, from 40 hours per fortnight to 48 hours per fortnight. This is a modest and realistic increase to the permitted hours of work, and will assist in ensuring the ongoing integrity of the overseas student program. The instrument is registered on the Federal Register of Legislation on 21 June 2023 and will commence on 1 July 2023. To access the instrument, click here.
Migration Amendment (Visa Application Charges) Regulations 2023 dated 19 June 2023 specifies the increased visa application charges for majority of visas that will apply from 1 July 2023. The new VACs are in accordance with the Consumer Price Index (CPI) and implement the Migration – Uplift of Visa Application Charges Budget measure. The affected VACs are increased from their 2022‑23 baseline amounts by the 2023-24 forecast CPI of 3.25%. Visitor, working holiday, work and holiday, training, temporary activity, and temporary work (short stay specialist) visas are increased by a further 21% in addition to CPI. Business innovation and investment visas are increased by a further 46% in addition to CPI. The remaining visas are increased by 6% in addition to CPI. The exception to this additional increase is the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility (PALM) stream which has been indexed in line with CPI only, as a reflection of the Government’s commitment to building ties with the nations of the Pacific and Timor-Leste. The new VAC amounts are also rounded to the nearest $5 according to the following methodology: The amount of the increase in these items does not exceed the applicable charge limit set out in the Migration (Visa Application) Charge Act 1997. The purpose of this amendment is to increase visa application charges (VACs) for certain visas as a consequence of the 2017-18 Budget Measure Indexation of visa application charges and 2023-24 Budget Measure Uplift of Visa Application Charges. The increased revenue generated will fund costs associated with improving visa processing including ensuring the timeliness of visa processing. The instrument is registered on the Federal Register of Legislation on 22 June 2023 and will commence on 1 July 2023. To access the instrument, click here.