CURATED
15 August 2024

A Longer Period Between Employment For Sponsored Workers And Other Changes To Immigration In FY 2024/25

IL
Interstaff Immigration Agency

Contributor

Interstaff is an Australian owned and operated migration agency specialising in providing employers with strategic immigration advice to engage global talent for work in Australia. With over 35 years of Australian visa and immigration expertise since being established in 1988, Interstaff’s Registered Migration Agents assist a wide array of businesses – from small to medium sized enterprises to large multinational corporations across diverse industries such as Oil and Gas, Mining, Engineering and Construction, Information Technology, Government Departments, Agriculture, Health and Education. We adopt a customer-centric approach to all our services, enhancing the experience for both employer sponsors and their employees at every stage of the visa journey. Headquartered in Perth, Western Australia, Interstaff’s team of Registered Migration Agents provide Australian immigration services both domestically and globally, combining the advantages of a local presence with global reach.
The start of the financial year marks the beginning of a new program year for Australian immigration, introducing several changes from 1 July 2024...
Australia Immigration

The start of the financial year marks the beginning of a new program year for Australian immigration, introducing several changes from 1 July 2024:

  • TSS 482 Visa and 494 Visa Changes | 180 Day Period Between Employment
  • Increase in Minimum Salary/TSMIT for Sponsored Visa Applicants
  • New WA Designated Area Migration Agreement (DAMA)
  • Cost Threshold for Health Requirements Increase to $86,000
  • Changes to Student Visas to Prevent Some Onshore Applications
  • Temporary Graduate 485 Visa Requirements Reduced to the Age of 35
  • Phillipines Passport Holders Become Eligible for Work and Holiday 462 Visa

Other changes we are anticipating this 2024/25 program year include:

  • TSS 482 Visa Work Experience Reduction from November 2024
    • Work experience requirement to reduce from 2 years to 1 year from 23 November 2024 to apply for a TSS 482 Visa
  • Replacement of the TSS 482 Visa with the new Skills in Demand Visa
    • The Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024 has come before Federal Parliament to start the legislative process for the new tiered Skilled in Demand Visa, indicating it may be in place by the end of 2024.
    • Suggested amendments in the Bill include:
      • A period of 6 months in which Labour Market Testing (LMT – a process of testing the local labour market before employing visa holders) can be conducted, rather than 4 months
      • Minimum Income Thresholds for the Skills in Demand Visa:
        • $135,000 for highly skilled specialists (Specialist Skills Income Threshold – SSIT)
        • $73,150 for people with occupations in national shortage (Core Skills Income Threshold – CSIT)
        • An income threshold for Essential Skills workers to be determined in accordance with Migration Regulations, unless specified by the Minister
      • Annual indexation of income thresholds
      • A public register of approved standard business sponsors and accredited sponsors

Read on to understand more about the above changes for 2024/25.

TSS 482 and 494 Visa Changes | 180 Day Period Between Employment

From 1 July 2024, current and future TSS 482 and 494 Regional Visa holders have a maximum period of 180 consecutive days in which they can cease to work in order to seek an alternative sponsoring employer, apply for a different visa, or arrange to depart Australia.

During this time, TSS 482 and 494 Regional Visa holders can work for other employers in occupations not listed in their sponsorship nomination. This ensures visa holders can support themselves while looking for a new sponsor.

Unless exempt, the visa holder must have ceased work with their sponsoring employer before working for another employer. While working for their employer sponsor, they must remain working in their nominated occupation.

The total period of time a person can cease to work during their visa period must not exceed 365 days. Periods where the visa holder ceased employment prior to 1 July 2024 do not count towards the maximum of 180 and 365 consecutive days.

Minimum Salary / TSMIT Increase for Sponsored Visa Holders

The Temporary Skilled Migration Income Threshold (TSMIT) increased from $70,000 to $73,150 from 1 July 2024 and now applies to new nominations for a 482 TSS Visa, 494 Regional Visa or 186/187 Permanent Residence Visa – you can read more here.

New nomination applications need to either meet the new TSMIT or the Annual Market Salary Rate (AMSR), whichever is higher. However, if the AMSR is less than the TSMIT, an application cannot be lodged for that position.

New WA Designated Area Migration Agreement (DAMA)

A new WA state-wide Designated Area Migration Agreement came into effect on 1 July 2024 and employers can now access a broader list of occupations and concessions to employ migrant workers.

The WA DAMA will provide 5,000 migration places, allocated equally between metropolitan and regional employers, and in response to strong demand for specific jobs in:

  • Building and Construction
  • Health and Aged Care
  • Tourism and Hospitality
  • Agriculture

The WA DAMA complements existing DAMA's in the state – including the Goldfields, Kimberley, Pilbara and South West. It also complements State Government initiatives to expand WA's allocation for the State Nominated Migration Program (SNMP) to 5,000 migration places, after it had been cut to 2,350 places last year. The WA Government is currently accepting Expressions of Interest (EOI's) to access the WA DAMA.

Cost Threshold for Health Requirements Increase to $86,000

As you may know, applicants need to meet strict Health Requirements to be eligible for most visas.

When deciding on a person's visa, the Department of Home Affairs assesses whether the applicant's health expenditures will exceed the Significant Cost Threshold (SCT) during their visa period. Prior to 1 July 2024, the SCT was $51,000.

On 1 July 2024, a new SCT of $86,000 was published on the Department of Home Affairs website, but it is unclear when it will come into effect.

Once it is applied, the higher threshold will allow more applicants to meet the health test. Where a health waiver is available, the applicant will no longer require it unless their costs exceed the new SCT.

Changes to Student Visas to Prevent Onshore Applications

As a result of legislative changes from 1 July 2024, a person cannot apply for a 500 Student Visa or 590 Student Guardian Visa from within Australia if they hold one of the following visas:

  • Temporary Graduate 485 Visa
  • Electronic Travel Authority (ETA) 601 Visa
  • Medical Treatment 602 Visa
  • eVisitor 651 Visa
  • Maritime Crew 988 Visa
  • Visitor 600 Visa

This is in addition to other visas for which it is already not possible to apply for a Student Visa.

Temporary Graduate 485 Visa Requirements Reduced to the Age of 35

Several changes to the Graduate Visa program commenced from 1 July 2024, including a maximum eligible age of 35 years for the Post Vocational Education Work Stream and Post-Higher Education Work Stream.

Hong Kong and British National Overseas passport holders, and Masters (research) and Doctoral degree (PhD) graduates are the exception and may be eligible if under 50 years of age.

Phillipines Passport Holders Eligible for Work and Holiday 462 Visa

On 1 July 2024, the legislative instrument commenced for Republic of the Philippines passport holders to become eligible to apply for a 462 Work and Holiday Visa, with requirements for specific educational qualifications.

Although changes have been legislated, it appears that the visa arrangements for Phillipines passport holders are not currently in place.

Strategic Immigration for Business

We hope this was helpful in providing a summary of these changes. We would also like to share a link to a national survey about the experience of migrants working in Australia, should this interest you or visa holders in your organisation. The survey is open to anyone who has worked in Australia on a temporary visa since 2009 and it will run from 8 July to 31 August 2024.

Conducted by the Migrant Justice Institute and funded by the Commonwealth Attorney General's Department's Modern Slavery National Action Plan, the survey's results will form the basis for the next five years of policy reforms. Here's the link.

Source:
Interstaff's Registered Migration Agents
Government of Western Australia – Media Statement
Department of Home Affairs
The Migration Institute of Australia

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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