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fy 2024-25 australian immigration changes

FY 2024-25 Australian Immigration Changes | 180 Day Period Between Employment for Sponsored Workers, Workplace Justice Visa and Other Changes

186 Visas, 482 Visas, 494 Visas, Australia, Australian Visas, Uncategorized | 18 July, 2024 |

Australian Immigration Changes 2024 – 2025 | Interstaff 

 

Navigating the evolving landscape of Australian immigration is essential for HR professionals and businesses striving to maintain a competitive edge. As the 2024-25 program year unfolds, the changes that have been introduced have already begun to impact many facets of skilled migration – from sponsored visa regulations to new visa categories and salary thresholds.

Understanding these updates is crucial not only for compliance but also for leveraging immigration strategies that align with your organisation’s workforce needs. In this article, we break down the most recent immigration changes that you need to be aware of –  including several changes from 1 July 2024:

  • Subclass 482 Visa and 494 Visa Changes | 180 Day Period Between Employment
  • New Workplace Justice Visa (piloting for two years from July 2024)
  • Increase in Minimum Salary/TSMIT for Sponsored Visa Applicants
  • New WA Designated Area Migration Agreement (DAMA)
  • Cost Threshold for Health Requirements Increase to $86,000
  • Changes to Student Visas to Prevent Some Onshore Applications
  • Temporary Graduate 485 Visa Requirements Reduced to the Age of 35
  • Phillipines Passport Holders Become Eligible for Work and Holiday 462 Visa

Other changes we are anticipating this 2024/25 program year include:

  • Subclass 482 Visa Work Experience Reduction from November 2024
      • Work experience requirement to reduce from 2 years to 1 year from 23 November 2024 to apply for a TSS 482 Visa
  • Replacement of the Subclass 482 Visa with the new Skills in Demand Visa
  • The Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024, which has come before Federal Parliament to start the legislative process for the new tiered Skilled in Demand Visa, indicating it may be in place by the end of 2024. Suggested amendments in the Bill include:
      • A period of 6 months in which Labour Market Testing (LMT – a process of testing the local labour market before employing visa holders) can be conducted, rather than 4 months
      • Minimum Income Thresholds for the Skills in Demand Visa:
        • $135,000 for highly skilled specialists (Specialist Skills Income Threshold – SSIT)
        • $73,150 for people with occupations in national shortage (Core Skills Income Threshold – CSIT)
  • Annual indexation of income thresholds
  • A public register of approved standard business sponsors and accredited sponsors

Read on to understand more about the above changes for 2024/25.

 

TSS 482 and 494 Visa Changes | 180 Day Period Between Employment 

Since 1 July 2024, current and future Temporary Skills Shortage (TSS) Subclass 482 and 494 Regional Visa holders have a maximum period of 180 consecutive days in which they can cease to work in order to seek an alternative sponsoring employer, apply for a different visa, or arrange to depart Australia.

During this time, TSS 482 and 494 Regional Visa holders can work for other employers in occupations not listed in their sponsorship nomination. This ensures visa holders can support themselves while looking for a new sponsor.

Unless exempt, the visa holder must have ceased work with their sponsoring employer before working for another employer. While working for their employer sponsor, they must remain working in their nominated occupation.

The total period of time a person can cease to work during their visa period must not exceed 365 days. Periods where the visa holder ceased employment prior to 1 July 2024 do not count towards the maximum of 180 and 365 consecutive days.

 

New Workplace Justice Visa (Subclass 408 Visa)

The Government has introduced the new Workplace Justice Visa, which will be piloted for two years from July 2024. It is designed to allow migrant workers to extend their stay in Australia to pursue a workplace exploitation claim.

The visa allows a stay of 6 months (or up to 12 months depending on the circumstances) and the process requires the applicant to apply for certification of their workplace exploitation claim from a relevant government agency or accredited third party.

Workplace exploitation can include:

  • Underpayment or non-payment of wages or other workplace entitlements
  • Unlawful unpaid or underpaid training or trials
  • An up-front payment or deposit for a job
  • Misclassification of workers as independent contractors instead of employees
  • Unlawful deductions from wages
  • Unfair dismissal
  • Non-compliance with workplace health and safety requirements
  • Bullying, sexual harassment or discrimination
  • Coercion, undue influence or pressure, or misrepresentation

Employers should seek to stay updated on their workplace obligations to visa holders, including new laws to tackle migrant worker exploitation, which were introduced as part of The Migration Amendment (Strengthening Employer Compliance) Act 2024 on 1 July 2024.

To help you understand what has changed, Interstaff are curating an e-guide, ‘Employing Migrant Workers | An Employer’s Guide to Australian Immigration Compliance – Including 1 July 2024 Changes’.

To get on the waiting-list for our complimentary e-guide and access our immigration news insights and alerts, simply register your email on our Visa Tools for Employers page.

 

Minimum Salary / TSMIT Increase for Sponsored Visa Holders

The Temporary Skilled Migration Income Threshold (TSMIT) increased from $70,000 to $73,150 from 1 July 2024 and now applies to new nominations for a 482 TSS Visa, 494 Regional Visa or 186 Permanent Residence Visa – you can read more here.

New nomination applications need to either meet the new TSMIT or the Annual Market Salary Rate (AMSR), whichever is higher.

 

New WA Designated Area Migration Agreement (DAMA)

A new WA state-wide Designated Area Migration Agreement came into effect on 1 July 2024 and employers can now access a broader list of occupations and concessions to employ migrant workers.

The WA DAMA will provide 5,000 migration places, allocated equally between metropolitan and regional employers, and in response to strong demand for specific jobs in:

  • Building and Construction
  • Health and Aged Care
  • Tourism and Hospitality
  • Agriculture

The WA DAMA complements existing DAMA’s in the state – including the Goldfields, Kimberley, Pilbara and South West.

It also complements State Government initiatives to expand WA’s allocation for the State Nominated Migration Program (SNMP) to 5,000 migration places, after it had been cut to 2,350 places last year.

The WA Government is currently accepting Expressions of Interest (EOI’s) to access the WA DAMA. Find out more here.

 

Cost Threshold for Health Requirements Increase to $86,000

As you may know, applicants need to meet strict Health Requirements to be eligible for most visas.

When deciding on a person’s visa, the Department of Home Affairs assesses whether the applicant’s health expenditures will exceed the Significant Cost Threshold (SCT) during their visa period. Prior to 1 July 2024, the SCT was $51,000.

On 1 July 2024, a new SCT of $86,000 was published on the Department of Home Affairs website, but it is unclear when it will come into effect.

Once it is applied, the higher threshold will allow more applicants to meet the health test. Where a health waiver is available, the applicant will no longer require it unless their costs exceed the new SCT.

 

Changes to Student Visas to Prevent Onshore Applications

As a result of legislative changes from 1 July 2024, a person cannot apply for a 500 Student Visa or 590 Student Guardian Visa from within Australia if they hold one of the following visas:

  • Temporary Graduate 485 Visa
  • Electronic Travel Authority (ETA) 601 Visa
  • Medical Treatment 602 Visa
  • eVisitor 651 Visa
  • Maritime Crew 988 Visa
  • Visitor 600 Visa

This is in addition to other visas for which it is already not possible to apply for a Student Visa.

 

Graduate 485 Visa Requirements Reduced to the Age of 35

Several changes to the Graduate Visa program commenced from 1 July 2024, including a maximum eligible age of 35 years for the Post Vocational Education Work Stream and Post-Higher Education Work Stream.

Hong Kong and British National Overseas passport holders, and Masters (research) and Doctoral degree (PhD) graduates are the exception and may be eligible if under 50 years of age.

 

Phillipines Passport Holders Eligible for Work and Holiday 462 Visa

On 1 July 2024, the legislative instrument commenced for Republic of the Philippines passport holders to become eligible to apply for a 462 Work and Holiday Visa, with requirements for specific educational qualifications.

Although changes have been legislated, it appears that the visa arrangements for Phillipines passport holders are not currently in place.

 

Strategic Immigration for Business | Australian Immigration Changes 2024 – 2025

We hope this was helpful in providing a summary of these changes.

We would also like to share a link to a national survey about the experience of migrants working in Australia, should this interest you or any visa holders in your organisation. The survey is open to anyone who has worked in Australia on a temporary visa since 2009 and it will run from 8 July to 31 August 2024.

Conducted by the Migrant Justice Institute and funded by the Commonwealth Attorney General’s Department’s Modern Slavery National Action Plan, the survey’s results will form the basis for the next five years of policy reforms. Here’s the link.

Should you have any queries regarding immigration changes, get in touch with Interstaff’s Registered Migration Agents for professional advice.

You can also connect with us on LinkedIn to stay updated on Australian immigration news and developments.

 

Australian Immigration Changes 2024 – 2025 | Source:
Interstaff’s Registered Migration Agents
Government of Western Australia – Media Statement
Department of Home Affairs
The Migration Institute of Australia

 

Australian Immigration Changes 2024 – 2025 | The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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