Search
Contact
Login
Share this article
The Australian government announced that they will not provide any new allocations for the business innovation and investment (provisional) (subclass 188) visa and will close the program permanently in July.
Key Points:
Additional Information: As part of the Migration Strategy, the government announced that it will discontinue the business innovation and investment program as a new talent and innovation visa is being considered and a new national innovation visa is expected to be available at the end of 2024.
BAL Analysis: Refunds for the subclass 188 visa application charge will be available in September if an applicant decides to withdraw their application. BAL will provide updates as information becomes available.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Australian government announced an increased validity period for business visitor visas for nationals from Association of Southeast Asian Nations (ASEAN) countries and Timor-Leste.
Additional Information: The business visitor visa allows holders to travel to Australia to negotiate contracts, make general business or employment enquiries, participate in conferences or trade fairs and be a part of official government visits.
BAL Analysis: Nationals from ASEAN countries and Timor-Leste will now have more opportunities in Australia to visit and conduct business. The government hopes this initiative will boost trade and investments while promoting job growth and increased cultural exchanges.
The Australian government announced an increase in visa application fees for most visa subclasses, effective July 1.
Additional Information: The Fair Work High Income Threshold (FWHIT) has also been increased to AU$175,000 (from AU$167,500). This protection exists under the Fair Work Act for applicants over the age of 45 years against unfair dismissal. The minimum salary threshold (TSMIT) has also increased to AU$73,150 (from AU$70,000). Finally, the government has implemented a significant increase in student visa fees to AU$1,600, representing a 125% jump from the previous fee of AU$710.
BAL Analysis: Employers should take the new fees into account when planning their 2024 budgets. These changes impact many prospective applicants and current visa holders. More information on visa application charges can be found here.
The Australian government extended the grace period for job transitions for holders of certain skill visas.
Additional Information: The extended grace period does not alter current sponsor responsibilities for reporting employment changes. Sponsoring employers still have to notify the Department of Home Affairs of any changes in their sponsored workers’ employment status, such as ending sponsorship or resigning, within 28 days from the date of any change. Licensing compliance and registration requirements specific to certain occupations have not been changed, and visa holders must continue to adhere to mandatory licenses, registrations or memberships.
BAL Analysis: Visa holders and sponsors should plan job transitions accordingly within the updated timeframes and ensure they are compliant with the new visa conditions. The government aims to provide foreign employees more flexibility and support during job changes and increase competitiveness for skilled labor.
The Australian government released details on the ballot initiative for the Work and Holiday program for Mainland China, India and Vietnam.
Additional Information: Previous registrations lodged for the program in 2023 cannot be used for selection in the new program and the pre-application process will only apply to first Work and Holiday subclass 462 visa applicants from China, Vietnam and India. Foreign nationals from these countries who have already been granted a first Work and Holiday visa can continue applying for a second or third Work and Holiday visa online. Information on the pre-visa application process will be published on the Department’s website.
BAL Analysis: Officials stated that the new ballot aims to provide an equitable, streamlined and transparent means of selecting applicants. The new initiative is specifically designed to address the number of Work and Holiday visa registrations which significantly exceed the number of places available from the participant countries each year. BAL will continue following implementation of the new ballot program and will provide updates as information becomes available.
The Australian government announced that the Temporary Skilled Migration Income Threshold will increase from 70,000 Australian dollars to AU$73,150 (about US$48,600), effective July 1.
Additional Information: Both the annual market salary rate for the nominated occupation and the guaranteed annual earnings must be at least as much as the TSMIT. This threshold does not include non-monetary benefits, and employers pay benefits in addition to the TSMIT.
BAL Analysis: The Australian government announced these changes at the Jobs and Skills Summit in September 2022. The increase aims to improve migration settings to support higher productivity and wages. Employers who wish to nominate workers for subclasses 482, 494, 186 and 187 must meet the salary and employment condition requirements.
The Australian government released the federal budget for 2024-25, reaffirming the migration strategy and introducing several other key initiatives and changes to immigration policies.
BAL Analysis: These changes are part of the Australian government’s migration strategy to reduce net overseas migration to pre-pandemic levels. The new national innovation visa aims to attract exceptionally talented migrants in sectors of national importance and showcases the government’s intention to address critical skill needs while balancing the demand for permanent skilled migration.
The Australian government announced additional changes to its migration strategy.
Additional Information: Officials further outlined the qualifications that determine the stream an applicant should apply for to meet the Australian study requirement. Applicants who hold an associate degree, diploma or trade qualification should apply for the post-vocational education work stream, while applicants with higher degree levels should apply for the post-higher education work stream; the qualification must closely relate to the nominated occupation on the medium and long-term strategic skills list. The student visa financial capacity requirement has been updated to better indicate the amount of money considered reasonable to provide a minimum standard of living while studying in Australia and considers students’ time spent at home and their access to unrestricted work.
BAL Analysis: These changes are part of the Australian government’s migration strategy released in December 2023 that is designed to reduce net overseas migration to pre-pandemic levels. The government is tightening visa regulations for international students, specifically targeting temporary graduate and student visas. These measures represent important changes to the immigration system for international students, and employers should be aware of these policy updates as well and consider them in their employment strategies and recruitment efforts.
Australian authorities announced that the new Pacific engagement visa will open its first ballot on June 3.
Additional Information: The new permanent resident visa program will fall under the subclass 192 category. The allocation of Pacific engagement visas will be determined by a ballot process each year, and those selected will then be able to apply for permanent residence. The inaugural ballot application process will be completed online on June 3, and individuals must meet certain requirements to qualify. Applicants must be between the ages of 18 and 45, have a formal job offer in Australia, hold a valid passport, and be born or have a parent born in a participating Pacific island country or Timor-Leste. Individuals must also meet the financial capacity, English language, character and health check requirements and complete payment of the 25 AUD (about US$16) registration fee. The Department of Home Affairs anticipates that the first visa applications will be assessed in early July.
BAL Analysis: Government officials stated that the new permanent resident visa program will grow Pacific migration in Australia and strengthen cultural, business and educational exchanges.
The Australian government recently updated guidance for U.K. nationals and permanent residents, continues updating the core skills occupation list and clarified criteria for the skilled work regional visa (subclass 491).
BAL Analysis: These changes are designed to better align the visa system with Australia’s free trade obligations, limit reliance on overseas nationals where there is a sufficient supply of local labor in a given occupation and increase the attractiveness of regional migration pathways. The government’s migration strategy is also beginning to take effect with policies designed to reduce net overseas migration to pre-pandemic levels.