Legislative Updates
Migration (Evidence of Intended Course of Study for Student Visa Applications) Specification 2024
From 1 January 2025, Student Sc 500 applications must be accompanied by evidence of the applicant's intended course of study or activities related to study in Australia. One or more of the following forms of evidence must be provided with the application:
• a confirmation of enrolment number (that has not been cancelled or revoked) for each of the applicant’s intended courses of study, included in the relevant field in the application form; or
- in the case of a:
i) Foreign Affairs student—a letter of support from the Foreign Minister, attached to the application;
ii) Defence student—a letter of support from the Defence Minister, attached to the application;
iii) secondary exchange student—an AASES form relating to the applicant, attached to the application; or - a letter, attached to the application, from the applicant’s relevant education provider that states that the provider requires the applicant to remain in Australia during the marking of the applicant’s postgraduate thesis.
This instrument applies to applications for Student Sc 500 visas made on or after the commencement of this instrument.
This instrument repeals IMMI17/013 and commences on 1 January 2025.
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Skills in Demand (SID) visa Sc 482 Regulations
The Migration Amendment (2024 Measures No. 1) Regulations 2024 amend the Migration Regulations 1994 to introduce the Skills in Demand (SID) visa, amend certain requirements under the Employer Nomination Scheme (Sc 186) nomination and visa and align the sponsorship obligations.
Below is a summary of the amendments made by the Instrument:
Skills in Demand (SID visa)
- Introduces a new temporary Skills in Demand (subclass 482) visa (SID visa) that replaces the existing Temporary Skill Shortage (subclass 482) visa (TSS visa). Changes have been made throughout the migration regulations to add the Skills in Demand (SID) visa to any regulations that already applied to the Temporary Skills Shortage (TSS) visa and in some cases replace any reference to Temporary Skills Shortage (TSS) with Skills in Demand (SID).
- The SID visa has three streams:
1) Specialist Skills stream, for applicants in any ANZSCO occupation with the specialist skills income threshold of $135,000 or more (excluding occupations in ANZSCO Major Groups 3, 7 and 8 which encompasses trade workers, machinery operators and drivers, and labourers).
- This introduces a new stream not available under the TSS that recognises highly skilled migrants bring significant economic benefits to Australia and enables employers to access these skills quickly through streamlined processing arrangements.
2) Core Skills stream, for applicants with the core skills income threshold of $73,150 (in line with the current Temporary Skilled Migration Income Threshold (TSMIT) for the TSS visa) in a Core Skills Occupation List (CSOL).
- Certain occupations that are available under the TSS are not included on the CSOL and will not be eligible for the Core Skills Stream of the SID visa. Some of these occupations may be eligible for the Specialist Skills stream, subject to meeting income requirements, or the Labour Agreement stream of the SID visa. These occupations may also be eligible for other visa pathways including permanent visas.
- WARNING: Existing TSS visa holders will have the ability to change to a new employer, if their current occupation is on the CSOL or the nomination meets the income qualification for a Specialist Skills stream visa.If the relevant occupation is not on the CSOL or does not qualify for the Specialist Skills stream, the applicant will not have a pathway to change employer. These individuals will be able to utilise the strengthened mobility provisions to find work in a new occupation, apply for another visa or depart Australia.
3) Labour Agreement stream, which carries over existing settings from the TSS visa while further development of the proposed Essential Skills stream takes place.
- The instrument reduces the minimum relevant work experience requirement for applicants for the SID visa in all streams from two years (the current requirement for the TSS visa) to one year of full-time employment, or equivalent period of part-time or casual work , within the five years that immediately preceded the date of the visa application.
- The instrument provides that the Specialist skills income threshold and the core skills income threshold will be indexed annually on 1 July each year. The instrument contains the formula to determine the indexation and the department's website will need to be updated with clear and precise messaging as to the actual threshold amount each year.
- References to the Short-term stream and Medium term stream have been removed and substituted with the Specialist Skills stream and Core Skills stream. .
Amendments made to the Employer Nomination Scheme (Sc 186) visa
- Consequential amendments to include the SID visa and replace TSS visa with the SID visa ensuring that a SID visa holder in all streams (Core Skills, Specialist Skills and Labour Agreement streams) has a pathway to PR under the Sc 186 TRT
- The work experience requirements in the 5.19 nomination (reg 5.19(5)(e) and (f)) have been moved to Schedule 2 of the Sc 186 visa and now all full-time sponsored employment undertaken in Australia will count towards the Subclass 186 visa TRT stream work experience requirements. Previously the work experience requirements were located in the nomination and only time spent in the position i.e. with same employer (limited exceptions) could be counted and if the nominee changed employers/sponsors the clock restarted.
- Existing flexibility in regards to work experience for specified occupations (medical practitioners and certain executives which were previously under 5.19(5)(e)) will continue in recognition of the nature of employment arrangements in these occupations;.
- There is the new requirement that the nominated occupation for a Sc 186 TRT nomination is the 'same occupation' in relation to which their most recently held Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 482 (Skills in Demand) visa was granted. Reg 5.19(5)(b)(ii) has now changed to require the same occupation (same 6-digit ANZSCO occupation code) to be used. The previous requirement was that the same 4-digit ANZSCO unit code was required. The removal of any reference to the 4-digit ANZSCO code generates flexibility so that any updates to occupation codes and groupings through ANZSCO updates do not disadvantage the applicant. (In practice, flexibility to consider the occupation at the 4-digit ANZSCO unit group level could continue under policy).
- References to TSMIT have been replaced with the Core Skills Income Threshold to ensure salary requirements for the Subclass 186 visa TRT and Direct Entry streams continue to be linked to SID visa salary requirements.
- The requirement under reg 186.312 for a member of the family unit of the primary applicant for a Sc 186 visa to be included in the nomination application made under regulation 5.19, for them to be granted a visa has been removed.
Amendments to align the sponsorship obligations:
- Insert references to Skills in Demand (SID) visa to ensure that the sponsorship obligations that applied to the TSS visa apply to the SID visa.
- Amend the regulations so an employer’s obligation to ensure the primary sponsored person works or participates in the nominated occupation, program or activity will end when the primary sponsored person ceases employment for them, rather than when they obtain a new sponsor. This aligns with provisions implemented on 1 July 2024 to enable visa holders who cease work with their sponsoring employer to have up to 180 days at a time (increased from 60 days) and a maximum of 365 days in total across their entire visa grant period to find a new sponsor, apply for a different visa, or depart Australia
Commencement and Transitional arrangements
The instrument commences on 7 December 2024.
Skills in Demand visa
The Amendment Regulations do not operate retrospectively.
The Amendment Regulations provide for all nominations and visa applications for a Temporary Skill Shortage visa made before 7 December to be processed using the requirements that were in force at the time that the application was made.
If an employer has lodged a nomination for a Temporary Skill Shortage visa that was not accompanied by a corresponding application for the visa before 7 December 2024, the applicant would be able to “link” this nomination to the new Skills in Demand visa until the original nomination period of 12 months ceases. If the chooses not to “link” their approved nomination for the Temporary Skill Shortage visa to the Skills in Demand visa, then their nomination ceases 12 months after the day the nomination was approved.
Sc 186 and 187 nomination and visa
Amendments made to reg 5.19 apply in relation to an application nomination application made on or after 7 December 2024.
Amendments made to reg 186.226 and 186.227 of Schedule 2, apply in relation to an application for a visa:
- made on or after 7 December 2024; and
- made in relation to a position nominated in an application made under regulation 5.19 on or after 7 December 2024.
This is to ensure that where a nomination was lodged before 7 December 2024 and the work experience requirements were already met at nomination stage, they do not also have to be met at the visa stage despite these requirements being moved from the nomination to the visa.
Sponsorship obligations
The amendments apply to a person who is an approved work sponsor in relation to a primary sponsored person whether the sponsor’s approval in relation to the primary sponsored person was given before, on, or after 7 December 2024.
Skilling Australians Fund (SAF) and SID visa
The Migration (Skilling Australians Fund) Charges Amendment (Subclass 482 (Skills in Demand) Visa) Regulations 2024 amend the Migration (Skilling Australians Fund) Charges Regulations 2018 to ensure that the nomination training contribution charge that currently applies to the Temporary Skill Shortage visa will apply to the Skills in Demand visa from 7 December 2024.
The instrument commences on 7 December 2024.
English language and SID visa
The Migration (Language Test Requirements for Subclass 482 Visa) Instrument 2024 repeals IMMI 18/032 and specifies the English language test requirements for an applicant to the Specialist Skills stream and Core Skills stream of the Skills in Demand (Sc 482) visa.
The required test scores for an applicant to the Specialist Skills stream and Core Skills stream of the Subclass 482 (Skills in Demand) visa are identical to the requirements that previously applied to an applicant to the Medium-term stream of the Temporary Skill Shortage (TSS) visa. Which is an IELTS score (or equivalent) of level 5 overall, with a minimum of 5 in each component score.
The approved English language tests, period of time in which the required test scores must be obtained and the applicants that are exempt from the requirement to undertake English language tests are identical to the requirements that previously applied to a TSS visa.
Commencement and Transitional arrangements
The instrument commences on 7 December 2024.The instrument applies in relation to a visa application made on or after 7 December.
Despite the repeal of IMMI 18/032 (English Language requirements for TSS visas) it continues to apply in relation to a visa application made before 7 December 2024.
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No minimum income requirement – Permanent Residence (Skilled Regional) visa (subclass 191)
The Permanent Residence (Skilled Regional) visa in the Regional Provisional Stream is the pathway to permanent residence for eligible holders of the Skilled Work Regional (Provisional) (subclass 491) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas.
There is no minimum income requirement for the Permanent Residence (Skilled Regional) visa (subclass 191), as there is no legislative instrument in place specifying a minimum income threshold for this visa.
Primary applicants must provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of their eligible visa. Primary applicants who have already lodged should check and ensure their application provides these three notices.
The Australian Government is committed to a simpler migration system that serves our national interest and which helps migrants already living and working in Australia with the skills that Australia needs to thrive by providing clarity on their prospects for permanent residence.
For further information please visit the website of the Department of Home Affairs: Immigration and citizenship (homeaffairs.gov.au)
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1 July 2023 - Changes update
Legislative changes
- TSMIT increase to $70,000-Legislative Instrument not yet released
- NZ SCV holders PR for Citizenship purposes.
- VAC increases as per the Budget - Legislative Instrument not yet released.
Home Affairs announced changes
Many changes related to COVID concessions will end on 1 July 2023.
Graduate Subclass 485 visas
- 485 Graduate work stream must nominate an occupation on the list as per Schedule 1, Item 1229(3)(k) and (ka), unless a new legislative instrument is released that extends this date. As yet there has been no indication that a new legislative instrument will be released.
- 485 Graduate work stream will require a skills assessment as per Schedule 2, Reg 485.223 from that date
- 485 Post Study work stream extended work rights and 2 year extension. For further information: Department of Education website
Student visas
- Condition 8104 work rights relaxation will be removed, unless the Student VH was working in the aged care sector on 9 May 2023, with this reverting to the normal working restrictions on 31 December 2023.
- For all other Student VH the 40 hour per fortnight work restriction will be increased to 48 hours on 1 July 2023. See: Home Affairs website
Subclass 407 secondary visa holders
- Work rights for secondary VH will revert to 40 hours per fortnight on 1 July 2023. The MIA is waiting on clarification as to whether this will also increase to 48 hours, in line with the student visa increase.
Subclass 482 - Short term stream
- Third Subclass 482 ST stream visas can only be applied for onshore until 1 July 2023, as per Sch 1, Item 1240(3A), unless a new legislative instrument is released that extends this date. To date, there have only been media articles reporting that this limit on the ST stream will be removed. See Home Affairs website
Subclass 417 for UK citizens
- WHV age limit for UK citizens will increase in age to 35 years on 1 July
- Note, changes to eligibility to apply for a second or third WHV do not commence until 1 July 2024. Further information: Home Affairs website