Immigration Changes - 1 July 2023
COVID Concessions to End
In response to the global pandemic and closure of international borders, the Australian government introduced a series of measures to accommodate businesses experiencing skilled shortages with the use of temporary visa holders already in Australia.
We have been informed that some of these will end on 1 July 2023. They include:
Graduate 485 visa – Occupation and Skills Assessment
The requirement to nominate an occupation on the relevant skilled list and obtain a positive skills assessment in that occupation was removed and is set to be reintroduced from 1 July 2023.
Student visa – Relaxed Work Rights
The requirement for students to work no more than 40 hours per fortnight was removed and is set to be reintroduced on 1 July 2023 but increased to 48 hours per fortnight.
Students who have been working in the aged care sector since 9 May 2023 will continue to have relaxed work rights and are expected to reduce to 48 hours per fortnight on 31 December 2023.
TSS 482 visa – Short term stream
The ability to apply for a third TSS 482 visa in the short-term stream while the applicant is in Australia is also set to end on 1 July 2023. Prior to the Australian government introducing this concession, many applicants would consider their options for reapplying from outside Australia.
These changes are expected to take place unless new legislative instruments are introduced that provide for the end date to be extended beyond 1 July 2023.
More Changes From 1 July 2023
NZ Citizens Applying for Australian Citizenship
As of 1 July 2023, the requirement to be an Australian permanent resident for 12 months before applying for Australian citizenship will be relaxed for NZ citizens living in Australia. While they will still need to meet the general residence requirements, they will be considered to have already been an Australian permanent resident for the sole purpose of obtaining Australian citizenship, without having to submit an actual application for permanent residence.
Working Holiday 417 visa – UK citizens
As of 1 July 2023, the age limit will increase to 35 years
Temporary Graduate 485 visa – Post Study
As of 1 July 2023, work rights for post-study visas will be extended by 2 years. Depending on the qualification completed, the visas will be extended:
from 2 years to 4 years for select Bachelor degrees
from 3 years to 5 years for select Masters degrees
from 4 years to 6 years for all Doctoral degrees
TSS 482 visa – TSMIT Increase
As of 1 July 2023, the Temporary Skilled Migration Income Threshold (“TSMIT”) will increase from $53,900 to $70,000.
This means that employers wishing to sponsor skilled professionals for a TSS 482 will be required to pay them a salary that is in line with the new TSMIT. There are no concessions.
Additionally, the market rate for an Australian equivalent employee must also be above TSMIT. The application is at risk if the market rate indicates an Australian employed to the same position and location would be paid an annual salary below the TSMIT.
TSS 482 visa – Extended Timeframe to Find Work
TSS 482 visa holders who have had employment terminated with their sponsoring employer will be given a longer timeframe to find new work and a new sponsor.
Currently, TSS 482 visa holders are required to find a new sponsor and lodge an application to permit that work arrangement with the Department, within 60 days from their last day of work. During that time, they are not permitted to work anywhere else until the application to do so has been approved.
Based on Minister Giles’ media release earlier this month, TSS 482 holders will soon be given 6 months to find a new sponsor and have full work rights during that time.
There are no further details provided on when this will take effect or how these provisions will work. Until then, the current requirements and obligations are still in place until further notice.
Fee Increase
As of 1 July 2023, we are expecting visa application fees to increase by 6% to 40%. This will apply to all visa applications except Pacific Engagement visas and Pacific Australia Labour Mobility visas.