Another migration year brings another raft of changes to migration law. We’ve compiled a summary of six of the most important changes that came into effect from 1 July 2023.
1. Work rights and restrictions
The restriction on fortnightly working hours for Student visa holders returns from 1 July 2023 and will be capped at 48 hours (previously 40 hours) per fortnight. This affects all Student visa holders with the exception of those working in the aged care sector.
The six-month limitation on working for a single employer for Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa holders returns from 1 July 2023.
The 40 hours per fortnight work restriction for secondary Training (subclass 407) visa holders also returns from 1 July 2023.
2. Employer-sponsored visas
The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $53,900 to $70,000. New subclass 482 or subclass 186 nomination applications lodged on or after 1 July 2023 will need to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher. This change will not affect existing visa holders and nominations lodged before 1 July 2023.
Temporary Skill Shortage (subclass 482) visa holders will have six months to find a new employer to take over sponsorship of their visa in the event their employment with their sponsoring employer ceases, up from the previous six months. The date this comes into effect is yet to be confirmed.
By the end of 2023, Temporary Skill Shortage (subclass 482) visa holders looking to progress to the permanent Employer Nomination Scheme (subclass 186) visa in the Temporary Residence Transition stream will need to show they have worked for their sponsoring employer in Australia for at least two years fulltime, instead of the current three years. The date that this comes into effect is yet to be confirmed.
Employers sponsoring United Kingdom passport holders for Temporary Skill Shortage (subclass 482) visas may be exempt from having to conduct specific Labour Market Testing under International Trade Obligations in specific circumstances.
3. Working Holiday visas
From 1 July 2023, United Kingdom passport holders up to age 35, up from the previous maximum age of 30) are able to apply for Working Holiday (subclass 417) visas, under changes that came into effect when the Australia-United Kingdom Free Trade Agreement (A-UKFTA) entered into force on 31 May 2023.
Papua New Guinea has been added to the Work and Holiday (subclass 462) visa program as from 1 July 2023, enabling 100 PNG nationals to travel to Australia.
4. Temporary Graduate visas
Applicants for a Temporary Graduate (subclass 485) visa in the Graduate Work stream must nominate an eligible occupation on the relevant skilled occupation lists and submit evidence of a skills assessment suitable for that occupation.
Temporary Graduate (subclass 485) visas in the Post Study Work stream will have two extra years of validity for select degrees in the areas of medicine, healthcare, engineering and information technology:
- Two years to four years for select Bachelor degrees
- Three years to five years for select Masters degrees
- Four years to six years for all Doctoral degrees
Hong Kong and British National Overseas passport holders will continue to be granted five-year Temporary Graduate (subclass 485) visas.
5. New Zealand citizens
From 1 July 2023, New Zealand citizens who arrived in Australia after 26 February 2001 and have been living in Australia for four years or more as holders of Special Category (subclass 444) visas will be eligible to apply directly for Australian citizenship without having to first apply for an Australian permanent visa.
Any child born in Australia on or after 1 July 2022 to a subclass 444 visa-holding New Zealand citizen may automatically acquire Australian citizenship at birth.
Consequently, the New Zealand stream of the Skilled – Independent (subclass 189) visa was closed to new applications permanently from 1 July 2023.
6. Department, AAT and Court fee increases from 1 July 2023
Departmental visa application fees have increased as from 1 July 2023.
The Departmental application fee for Australian citizenship by conferral (general eligibility) is up from $490 to $540.
The application fee for non-protection visa migration appeals to the Administrative Appeals Tribunal’s Migration and Refugee Division is up from $3,153 to $3,374.
The post-hearing fee for unsuccessful protection visa appeals to the Administrative Appeals Tribunal’s Migration and Refugee Division is up from $1,940 to $2,076.
The application fee for migration reviews to the Federal Circuit and Family Court of Australia is up from $3,535 to $3,785.
Be sure to check the up-to-date visa fees with the Department’s Visa Pricing Estimator.
What does this mean for you? Australian Immigration law is constantly changing. Get the right advice now!
Confused by the July 2023 visa changes or worried about impacts on your visa?
Do you hold or are you planning on applying for a Temporary Graduate visa, Student visa, Working Holiday or employer-sponsored visas, or any other Australian visa? Or are you a New Zealand citizen? If you answered yes to any of these, chances are you’re likely be affected by one or more of the changes.
Guidance from an experienced immigration lawyer can be invaluable to ensure you choose the correct visa and pathway, and that any information prepared from the start of the visa process through to the decision on the application is consistent and sufficiently supported by the right kinds of evidence.
Our team of expert immigration lawyers can support you through the process to give you the very best chance of success in securing your Australian permanent visa.
for advice on next steps and customised advice tailored to your personal circumstances and situation – give us a call on 1300 123 529 or email us at visas@craddock.com.au.
Please note that this page states the law as at July 2023. Australian immigration law is complex and changes frequently, and the law in relation to Australian visas and citizenship may have been changed since we prepared this page.
Read more:
https://craddock.com.au/insights/tips-for-successful-australian-student-visa-applications/
https://craddock.com.au/insights/whats-new-about-the-temporary-graduate-subclass-485-visa/
https://craddock.com.au/legal-services/immigration-law/four-steps-to-australian-citizenship/