Prepare for Impact: Key Migration Changes Effective July 1, 2024

The Australian Government’s Migration Strategy, introduced in December 2023, has set forth a vision for reshaping Australia’s migration system. This strategy aims to address various challenges and opportunities within the migration framework. As part of this ongoing transformation, several significant changes have been implemented in late May and June 2024, just in time for the new financial year. This recap highlights the latest updates to visa conditions, restrictions on onshore visa applications, the closure of certain visa programs, and adjustments to the Temporary Skilled Migration Income Threshold (TSMIT). Madison Marcus‘ Global Mobility and Immigration Specialists, your trusted source for the latest updates, bring you this information to ensure you comply with new regulations.

1. Changing Visa Conditions (21 June 2024)

• When: Effective from 1 July 2024.

• Purpose: To combat worker exploitation under the new Migration Strategy.

• Changing Visa Conditions: 8107, 8607, 8608.

• Affected Visa Subclasses: Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482), and Skilled Employer Sponsored Regional (provisional) visa (subclass 494).

• Key Changes: Visa holders who cease working for their sponsoring employer have up to 180 days, or a maximum of 365 days across the entire visa grant period, to find a new sponsor, apply for a different visa or arrange departure. Visa holders can work for other employers in occupations not listed in the approved sponsorship nomination to support themselves until they find a new sponsor, provided they have ceased work with the sponsoring employer. Sponsors must notify the Department of any changes in the situation within 28 days, including resignation or cessation of sponsorship of the nominated person.

2. Restricting Onshore Visa Hopping via Student Visa (13 June 2024)

• When: Effective from 1 July 2024.

• Affected Visa Subclasses: Subclass 485 (Temporary Graduate), Subclass 600 (Visitor), Subclass 601 (Electronic Travel Authority), Subclass 602 (Medical Treatment), Subclass 651 (eVisitor), Subclass 771 (Transit), Subclass 988 (Maritime Crew), Subclass 995 (Diplomatic Temporary) – primary visa holders only, Subclass 403 (Temporary Work (International Relations)) – Domestic Worker (Diplomatic or Consular) stream, Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular).

• Key Changes: Visitors, Temporary Graduates, and Maritime Cruise visa holders will no longer be able to apply for a Student visa while in Australia. Offshore applicants with genuine intentions to study and meet relevant criteria can still obtain a visa.

• Need Help? Learn more about Genuine Student Visas and other requirements.

3. Closing Business Innovation and Investment Program (BIIP) Subclass 188 Visa (12 June 2024)

• When: Permanent closure from July 2024.

• Purpose: BIIP has been found to deliver poor economic results.

• Affected Visa Subclasses: Subclass 188

• Key Changes: A new Talent and Innovation visa is being considered as a replacement. Current Provisional (subclass 188) visa applications will be processed according to Migration program levels, with expected tighter policy guidance. Refunds are available from September 2024 for withdrawn applications. Subclass 188 holders can continue their pathway to Permanent (subclass 888) after July 2024, with specific streams still eligible for extensions.

4. Increase in Temporary Skilled Migration Income Threshold (TSMIT) (28 May 2024)

• New Threshold: A$73,150, previously A$70,000.

• Effective Date: From 1 July 2024.

• Affected Visa Subclasses: Subclass 482, Subclass 494, Subclass 186 and Subclass 187

• Implications for Employers: New nomination applications must meet the new TSMIT or the Annual Market Salary Rate (AMSR), whichever is higher. Visa subclasses involving worker nominations, such as 482, 494, 186, and 187, must adhere to salary and employment conditions. For nominated positions with a salary below $250,000 AUD per year, employers must demonstrate that the AMSR has been correctly identified and that workers are paid at least the AMSR rate or TSMIT, whichever is higher.

Are you impacted by these changes?

At Madison Marcus, our Global Mobility and Immigration Specialists Team are here to assist you in understanding and adapting to these new regulations. We provide personalised guidance tailored to your specific needs, ensuring smooth compliance and minimal disruption to your plans. Our team is dedicated to helping you navigate these updates seamlessly, offering expert advice and support every step of the way. Don’t navigate these changes alone— book your appointment with Madison Marcus for assistance to stay compliant and achieve your goals.