Australia's government has recently revealed significant modifications to immigration regulations that could affect individuals applying for visas and employers. We will detail these changes for you.
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Australian Immigration Updates (December 2023).docx
1. Australian Immigration Updates
(December 2023)
Australia's government has recently revealed significant modifications to immigration regulations that
could affect individuals applying for visas and employers. We will detail these changes for you.
Processing priorities for student visas have been formalized by Ministerial Direction No. 107, which was
signed on December 14, 2023, by the Australian government. This directive establishes the order in
which applications for the student and student guardian visa programs will be processed.
Each Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)-registered
education provider is assigned an evidence level. The new Ministerial Direction utilizes this evidence-
level framework to prioritize applications from international students seeking to pursue studies in
Australia.
Ministerial Direction No. 107 gives the highest priority to the following:
1. Student visa applications submitted from outside Australia by:
Applicants in the Schools sector, Foreign Affairs or Defence sector, and Postgraduate Research
sector.
Applicants in the Higher Education, English Language Intensive Course for Overseas Students
(ELICOS), Vocational Education and Training (VET), and Non-Award sector studying at an
education provider with an evidence level 1.
2. Subsequent entrant applications submitted from outside Australia that include an unmarried family
member under 18 years.
3. All Student Guardian visa applications, whether lodged within or outside Australia.
Australian Immigration Policy Changes for Dependents
Australian immigration system made some changes to policy for dependents. Any additional applicant
(such as a spouse, de facto partner, or dependent child) included in the main visa application will receive
the same priority as the primary applicant. A subsequent entrant, defined as a secondary applicant for a
student visa who didn't submit a joint application with the primary applicant or primary visa holder, will
be considered independently.
In cases where the primary applicant plans to pursue multiple courses (course packaging), the
application's priority will align with the principal course of study, which is the one with the highest
Australian Qualifications Framework (AQF) level.
These updated student visa processing priorities apply to all visa applications submitted on or after
December 15, 2023, and also include applications filed before this date that are still pending.
2. It's important to note that student visa applications submitted within Australia will follow the existing
processing procedures. These changes aim to streamline and enhance the efficiency of the Australian
immigration system for students and their dependents.
Elimination of Labour Market Testing Under New Australian Immigration
Policy
The Australian immigration law was revised on December 11, 2023, resulting in the removal of the
obligation for employers to advertise on the Workforce Australia website. This modification applies to
nomination applications for subclass 482 and 494, providing employers with increased flexibility in
conducting Labour Market Testing (LMT).
Simultaneously, the updated instrument now includes clear language stating that nominated positions
can be advertised for two or more overlapping periods, with a minimum duration of four weeks.
This adjustment is a direct result of the Government's Australian immigration strategy, aiming to
streamline processes and offer employers more options in fulfilling LMT requirements.
When Was the Government Unveiled the Latest Strategy for Australian
Immigration?
On December 11, 2023, the Australian government unveiled its Migration Strategy, which encompasses
significant overhauls to the Australian immigration system. The strategy is built upon insights from the
first comprehensive review of the migration system in decades, known as the 2023 Review of the
Migration System (the Parkinson Review), as well as the Rapid Review into the Exploitation of Australia’s
Visa System (the Nixon Review).
The Migration Strategy comprises eight key actions:
1. Targeting Temporary Skilled Migration:
Introduction of a Skills in Demand visa with full mobility and clear paths to permanent
residence.
Establishment of a Specialist Skills Pathway to attract highly skilled workers, particularly in fields
like technology or green energy.
Creation of a Core Skills Pathway to address specific workforce needs with a simplified and
regularly updated occupation list.
Implementation of new visa settings to enhance migrant workers' mobility in the labor market,
addressing worker exploitation and boosting productivity.
Streamlining of labor market testing (LMT) and visa processing.
2. Reshaping Permanent Skilled Migration:
Exploration of a reformed points test for permanent Australian skilled migration.
3. Introduction of a Talent and Innovation visa for migrants driving growth in nationally significant
sectors.
3. Strengthening International Education:
Imposition of higher English language requirements for international students and graduates.
Increased scrutiny of high-risk student visa applications, supported by a $19 million investment
in the Home Affairs student visa integrity unit.
Implementation of measures to curb onshore visa hopping and strengthen and simplify
Temporary Graduate visa settings.
4. Tackling Worker Exploitation and Visa System Misuse:
Establishment of a public register of employer sponsors to enhance integrity and support
migrant worker mobility.
5. Planning Migration Strategically:
Introduction of a new approach to planning permanent migration over the long term.
Greater collaboration between states and territories on net overseas migration forecasts.
6. Tailoring Regional Visas and the Working Holiday Maker Program:
Prioritization of regional visas with a new direction for the highest priority visa processing.
7. Deepening Indo-Pacific People-to-People Ties
8. Simplifying the Migration System:
Removal of over 20 unnecessary and duplicative visas to streamline and enhance the migration
system's efficiency for both migrants and employers.