Migration Amendment (Graduate Visas) Regulations 2024
Australia’s migration policy has undergone significant updates with the Migration Amendment (Graduate Visas) Regulations 2024, aiming to simplify and streamline the Temporary Graduate visa program. These amendments, effective from 1 July 2024, intend to enhance clarity, reduce redundancy, and better align the visa program with Australia’s current economic and social needs.
Summary of Key Changes
The major changes focus on the Subclass 485 (Temporary Graduate) visa and the closure of the Subclass 476 (Skilled-Recognised Graduate) visa. The Subclass 485 visa has been restructured into two primary streams with revised eligibility criteria, while the Subclass 476 visa will no longer be available.
Subclass 485 (Temporary Graduate) Visa Amendments
Renaming and Streamlining Visa Streams
- Graduate Work Stream Renamed:
- The Graduate Work stream has been renamed to Post-Vocational Education Work Stream.
- Eligibility now requires applicants to hold an ‘associate degree’, ‘diploma’, or ‘trade qualification’ related to their nominated occupation.
- Post-Study Work Stream Renamed:
- The Post-Study Work stream is now the Post-Higher Education Work Stream.
- The two-year no visa application charge (VAC) extension for select degree holders will cease from 1 July 2024.
- Age Restrictions:
- The maximum eligible age for these visas is now reduced to 35 years, except for Hong Kong and British National Overseas passport holders and Masters (research) and Doctoral degree (PhD) graduates, who are eligible up to 50 years of age.
Closure of Streams
- Replacement Stream:
- The Replacement stream will be closed to all applicants from 1 July 2024.
Transitional Pathways
- Existing Visa Holders:
- Transitional pathways are available for current Subclass 485 visa holders moving to subsequent visas in regional areas.
- Specific criteria must be met to transition from the Post-Study Work stream with a ‘nil’ VAC extension to the Post-Higher Education Work stream.
Subclass 476 (Skilled-Recognised Graduate) Visa
- Closure:
- The Subclass 476 visa will be closed to all applicants from 1 July 2024. This visa allowed recent engineering graduates from specified institutions to live, work, or study in Australia for up to 18 months.
- Existing visa holders will not be affected, but no new applications will be accepted post-closure.
Impact and Rationale
These changes are designed to reduce the complexity of the visa system, align the migration strategy with the current economic landscape, and address issues such as the "permanently temporary" status of many visa holders. The Australian government aims to ensure that the migration system is more accessible for early-career professionals, thereby enhancing their potential to contribute to the Australian economy.
Detailed Analysis of Changes
Subclass 485 (Temporary Graduate) Visa: Streamlining and Age Restrictions
- Post-Vocational Education Work Stream:
- Replaces the Graduate Work stream.
- Applicants must have an associate degree, diploma, or trade qualification linked to their nominated occupation.
- The previous restriction for applicants whose first student visa was granted before 5 November 2011 has been removed.
- Only one visa in this stream can be held by an applicant.
- Post-Higher Education Work Stream:
- Replaces the Post-Study Work stream.
- The two-year no VAC extension is abolished from 1 July 2024.
- Eligibility age reduced to 35 years, with exceptions for specified groups.
- Allows for one subsequent visa if the applicant studies or works in regional Australia.
Closure of Subclass 476 Visa
- Skilled-Recognised Graduate Visa:
- Will no longer be issued to new applicants.
- Existing holders retain their visa benefits until expiration.
Transitional Arrangements
For current visa holders and those with pending applications:
- Transitional pathways are available for moving between streams under specific conditions.
- Applicants from the Replacement stream can apply for the Post-Higher Education Work stream based on regional study or work.
Human Rights Compatibility
The amendments have been assessed for compatibility with human rights. They are considered to be reasonable, necessary, and proportionate to the objectives of maintaining a well-managed migration program that benefits the Australian community.
Conclusion
The Migration Amendment (Graduate Visas) Regulations 2024 mark a significant shift in Australia’s approach to graduate visas, aiming for a more streamlined, clear, and targeted system. By focusing on early-career professionals and reducing the number of visa holders who remain “permanently temporary,” the Australian government seeks to improve the overall efficiency and effectiveness of its migration program.
For specific advice tailored to your situation, please consult an Australian MARA registered agent or an Australian Lawyer before applying.
Remember:
This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent
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