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Latest Australia Immigration Law Changes

1 July 2025

Increase to Skilled Visa income thresholds from 1 July 2025

From 1 July 2025, skilled visa income thresholds will be increased by 4.6%. This is in line with changes to the annual Average Weekly Ordinary Time Earnings (AWOTE) – https://www.abs.gov.au/statistics/labour/earnings-and-working-conditions/average-weekly-earnings-australia/latest-release

Income thresholds are indexed annually so wages for skilled migrants increase at the same rate as Australian workers. This ensures that people cannot use skilled migration to undercut Australian workers.

From 1 July 2025, indexation changes will be as follows:

The Temporary Skilled Migration Income Threshold (TSMIT) used for the Skilled Employer Sponsored Regional visa (subclass 494) and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) will increase from AUD73,150 to AUD76,515. This is in line with the CSIT and subject to approval of relevant legislation.

The Core Skills Income Threshold (CSIT) will increase from AUD73,150 to AUD76,515. This will impact nomination applications for the Core Skills stream of the Skills in Demand visa (subclass 482) and the Employer Nomination Scheme visa (subclass 186).

The Specialist Skills Income Threshold (SSIT) will increase from AUD135,000 to AUD141,210. This will impact nomination applications for the Specialist Skills stream of the Skills in Demand visa (subclass 482).

New nomination applications from 1 July 2025 must meet the new relevant income threshold or the annual market salary rate, whichever is higher.

This change will not apply to existing visa holders and nominations lodged before 1 July 2025.

11 January 2024

Snippets of important Proposals in the Migration Strategy released December 2023

Changes to the temporary Employer Sponsored visa pathway.

The Department of Home affairs has proposed a new four-year visa that will gradually replace the Temporary Skills Shortage (TSS GK482) visa.

This new “Skills In Demand” visa consists of three streams:

  1. Specialist Skills Stream
    • Designed for highly skilled migrants
    • Salary must be a minimum of $135,000 per annum plus super
    • Proposed streamlined processing time of 7 days
    • This stream is capped at 3000 applicants annually
    • Available to any occupation except for trade workers, machine operators and drivers, labourers and other low skill level occupations
    • There will be a monitoring mechanism to ensure outcome and wages
  2. Core Skills Stream
    • Designed to address workforce needs
    • Occupations must be on the core skills occupation list (CSOL), without any application caps.
    • Occupations will need to be identified by Jobs and Skills Australia as being in shortage.
    • Income must be between $70,000 – $135,000 per annum, plus super
    • Processing times will be about 21 days.
  3. Essential Skills Stream
    • Visa applicants based on age
    • Processing times will take about 21 days.
    • Intended for lower paid workers, and may need Labour Agreements
    • Will be sector specific
  • Employment with any approved employer will count to Permanent Residence
    eligibility
  • Visa holders can access to Permanent Residence pathway via a points test system
  • Employees upon ceasing or termination will have 180 days to find a new employer
  • Proposed register which will list approved sponsors, the number of migrants
    sponsored and the occupations they are approved under.
11 December 2023

Changes to the Labour Market Testing requirement

Affects: 482 TSS – Temporary Skills Shortage and 494 Nomination applications.

Employers no longer need to advertise on the Workforce Australia Website.

Previously Employers where required to place advertisement on Workforce Australia as the first mandatory medium, in addition to two other websites.

Note: It has also been clarified that advertisements must run for a continuous period of at least 28 days (without breaks in between – although two advertisements placed which overlaps is acceptable to meet this requirement)

25 November 2023

A summary of the changes has taken affect on 25 November 2023

Covid-19 Concession period cessation has taken effect on 25 November 2023.

During the Pandemic the Department of Home Affairs had implemented a number of temporary measures in the form of relaxed visa requirements on account of travel restrictions at the time.

As border travel have returned to pre-pandemic state, the Department has wound up the concessions. Some notable COVID-19 related visa requirements are identified below:

Temporary Graduate subclass 485

Reverted back to the pre-COVID-19 requirement for applicants be in Australia at time of lodgement. Sub-entrant applicants may be onshore or offshore at the time of application.

Offshore Child visa 101

For Child visa applicants who applied for the offshore category before 26 November 2023 – if they were in Australia at any time during the COVID-19 concession period (between 1 Feb 2020 to 25 November 2023), they remain eligible for 101 visa grant in Australia.

Offshore Parent visas 103, 173, 143

Covid-19 concessions that applied to certain offshore Parent (103, 173 143) categories allowing applicants to be onshore at the time of grant, also ceases 25 November 2023. This means these Parent visa applicants will need to depart Australia before the visa can be granted after 25 November 2023.

Employer Sponsored visa – 186 TRT stream

New nominations for this visa stream will require Temporary Skill Shortage (TSS) holders to have worked in a position with their sponsoring employer for 2 out of the previous 3 years (down from 3 years working requirement)

The occupation must be listed in the ANZSCO, however no longer needs be on a skills occupations list (whether STSOL, MLTSSL or ROL).

The age exemption for legacy 457 workers during the pandemic (for the period from 1 Feb 2020 to 14 Dec 2021) will still apply for ENS visa applications lodged before 1 July 2024.

24 November 2023

Partner visa 820 & 309 – changes to location requirement at time of grant

Previously, individuals applying for the Partner 309 visa were obligated to be outside of Australia for their 309 visas to be approved. Amidst the global COVID-19 pandemic, exceptions were implemented to facilitate 309 grants within Australia due to prevailing travel restrictions. With the waning of COVID-19 concerns for cross-border travel, it is anticipated that the previous visa criteria will be reinstated.

However, the Department of Home Affairs has announced that Partner subclass 309 applicants, who are onshore at the time of the decision, no longer need to depart to facilitate visa approval. This change to the applicant location requirement at the time of decision also extends to the onshore Partner 820 visa subclass.

Therefore, while the applicant’s location at the time of lodgement remains unaltered – they can be onshore or offshore when the visa is granted. This is a departure from the previous stipulation that required them to be at the same location as when the application was submitted.