New Migration Rules for Australia Immigration 2024

Government released its much-anticipated New Migration Rules for Australia Immigration in 2024, which outlines a new vision for Australia’s migration system and a what to expect in 2024. These changes include a new permanent resident visa program for nationals of participating Pacific Island countries, pathway for skilled refugees to live and work in Australia and extended stays for Temporary Skill Shortage visa (subclass 482) holders from the UK.

New Migration Rules for Australia Immigration

Creation of a new Skills in Demand visa with 3 targeted pathways to encourage migration worker mobility in the labour market. The visa streams will include:

1. Specialist Skills pathway – for highly-skilled migrants that are beneficial to Australia’s national productivity with guaranteed annual earnings at least AUD 135,000 and no less than Australian workers in the same occupation. All occupations except for trades workers, machinery operators and drivers, and labourers will be eligible for this steam;

2. Core Skills pathway – for applicants whose occupation is on a new Core Skills Occupation list which relates to occupations identified by Jobs and Skills Australia as being in shortage and earning at least the Temporary Skilled Migration Income Threshold (“TSMIT”); and

3. Essential Skills pathway– this will be for workers paid below AUD 70,000 with essential skills and is still under development by the government. Workers under this pathway are currently sponsored through labour agreements.

Time period– the visa will provide for a 4-year stay for all streams;
Service standards– a commitment to median processing times of 21 days.
Streamlined labour market testing– the Government has already removed the requirement to advertise (LMT) positions through Workforce Australia, and will subsequently increase the validity period of advertisements from 4 to 6 months;
Increased employee mobility– visa holders will have 180 days to find a new sponsor if they cease employment with their sponsor (up from the current 60 day period). Visa holders can also work during this period.
Increased pathways to permanent residency– all visa holders will have a pathway to permanent residency, and time spent with any approved employer will count towards permanent residency eligibility (as opposed to the current 186 visa Transition stream).
Potential for reduced upfront employer costs– the Government will explore moving employer fees (such as the Skilling Australia Fund) to a monthly or quarterly model, to reduce upfront employer costs.
Public sponsor register – the Government will develop a public register of approved sponsors, which will publish the numbers of sponsored workers and their occupations, to assist migrants seeking a new sponsor.

Student SC500 visas (GTE and higher English requirements)

For student visa applications, the Genuine Temporary Entrant (GTE) requirement will be replaced with a new Genuine Student (GS) requirement. It will require evidence to help the Department of Home Affairs ensure that applications are received from genuine students.
In early 2024, the Australian Government will increase the English language requirements for Student visas. The new English language requirements will better support learning and employment outcomes for you.

The test score required for a Student 500 visa will increase from IELTS (or equivalent) 5.5 to 6.0.
The test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0.
The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5.
Concurrent Confirmation of Enrolment cannot be issued until students have completed 6 months of their courses
Increase the amount of saving international students need to prove when apply for a student visa

Simplified Temporary Graduate SC485 visas

The length of post-study work visas will change. However, Australia’s Temporary Graduate visa will still give you time to gain valuable work experience and demonstrate your skills to Australian employers.
Reducing the length of Temporary Graduate visas to:

Bachelor degree or Masters by coursework: 2 years
Masters by research or PhD: 3 years
Students in regional areas: eligibility for second visa of 1-2 years in length depending on location
If you gain work in a skilled job during your post-study work period, you may be eligible to apply for the new 4-year Skills in Demand visa. This visa provides a clearer pathway to permanent residency. The work experience requirement for the TSS visa and future Skills in Demand visa will be changed for Temporary Graduate 485 visa holders, to enable better transition to a temporary skilled migration visa.

Initial stay periods for Indian nationals will not change, as agreed in the Australian-India Economic and Trade Agreement.
New age limit for Temporary Graduate visa applicants
Temporary Graduate visa applicants will need to be under the age of 35 (down from the current age limit of 50)
New English requirement for SC485 visas from early 2024:
The test score required for a Temporary Graduate 485 visa will increase from an International English Language Testing System (IELTS) score (or equivalent) of 6.0 to 6.5.

Changes came into effect on 25 November 2023

A pathway through the 186 TRT stream to ENS SC 186 (and RSMS SC 187 in some cases) no matter which stream the applicant had been sponsored under on their TSS SC 482 or SC 457 visa
applicants holding SC 482 or 457 are now able to apply for SC 186/187 after two years with their sponsor, done from three years
applicants sponsored under Labour Agreements (LA) are also able to access these reduced time-frames, where they have not accessed concessions under the agreement. Those who have accessed concession are required to complete the requirements for access to SC 186 visas as per the original LA
COVID concessions were also ceased on that date, without prior warning, which led to consequential amendments to a number of visa classes
SC 309, 820, 801 and 485 visas can now be granted no matter the location of the applicant at the time of grant
SC 309 visa applicants were given direct access to appeal to the AAT for review of visa refusals.

Student visas (sc 500):

The minimum test score for the for the English proficiency requirement increases from International English language Testing System (IELTS) 5.5. to 6.0 (or equivalent)
The minimum score to undertake a packaged English Language Intensive Course for Overseas Students (ELICOS) course increases from IELTS 4.5 to 5.0 (or equivalent)
Students undertaking recognized university foundation or pathway programs that deliver reputable English language training require a score of IELTS 5.5. (or equivalent) these recognized courses will be listed on the Department’s website.
For students studying English only through ELICOS, there will be no change

Temporary Graduate 485 visas

The minimum score required increases from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking and listening)
Passport holders from Hong Kong and British National Overseas (BNO) are not required to meet this increases minimum English language requirement. The settings for this cohort remains at IELTS 6.0 (or equivalent), with a minimum score of 5.0 for each component of the test (reading, writing, speaking and listening)
The test validity window for all Temporary Graduate visa applications decreases from three years to one year. Applicants must provide evidence that they have completed an English language test no more than one year immediately before the date of the visa application.

Check- New Migrants Handbook for Australia