In a significant move, the Australian government has recently revealed a series of pivotal changes to its immigration rules, which are poised to have far-reaching implications for both visa applicants and employers. These changes encompass diverse aspects of the immigration landscape, including student visa processing priorities, modifications to labour market testing requirements, and a comprehensive migration strategy. Here is an in-depth overview of the latest developments:
Student Visa Processing Priorities
On December 14, 2023, Ministerial Direction No. 107 was signed, formalizing the processing priorities for the student and student guardian visa programs in Australia. Allocated evidence levels to Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)-registered education providers play a crucial role in determining the priority of applications from international students.
Under the new directive, the highest priority is accorded to:
Notably, secondary applicants included in the primary visa application will receive the same processing priority as the primary applicant. The changes are effective for all visa applications lodged on or after December 15, 2023, and for those lodged before this date but yet to be finalized. Student visa applications lodged within Australia will continue to be processed under existing arrangements.
Removal of Labour Market Testing (LMT) Requirement
Effective December 11, 2023, the immigration law has been updated to eliminate the mandatory requirement for employers to advertise on the Workforce Australia website. This change specifically applies to subclass 482 and 494 nomination applications, providing employers with greater flexibility in conducting Labour Market Testing. The updated instrument also allows nominated positions to be advertised over two or more overlapping periods totaling a minimum of four weeks.
This modification aligns with the broader objectives outlined in the Government’s Migration Strategy, which was concurrently published.
Migration Strategy Unveiled
Released on December 11, 2023, the Migration Strategy represents a comprehensive reform of the Australian migration system. It builds upon the recommendations of the 2023 Review of the Migration System (the Parkinson Review) and the Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review). The strategy encompasses eight key actions:
These groundbreaking changes underscore Australia’s commitment to fostering a robust and adaptive immigration system that addresses current challenges while paving the way for long-term prosperity. Stakeholders, including prospective migrants and employers, are encouraged to stay informed about these developments to navigate the evolving landscape effectively. As immigration policies evolve, travel logistics also come into focus. With peak season travel expected to surge, it’s advisable to book early and prepare accordingly to avoid last-minute complications.
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