Australian Visa Reforms

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The Federal Government’s Upcoming Visa Strategies for Australian Migrants

On Monday 11th of December, the federal government unveiled a strategy for Australian Migrants. The change focuses on getting integral skilled workers while also placing more scrutiny on migrants within Australia. This is to get the ‘right skills in the right place’.

In terms of dealing with the migrants within, scrutiny aims at international students staying in Australia by raising the standards required of them as well as the education providers.

The reforms focus on:

  • targeted skilled migration and new streamlined pathways for top global talent
  • higher standards for international students and education providers to drive quality in international education
  • visa settings to tackle worker exploitation and protect wages and conditions
  • support for regional Australia to get fast access to skilled workers
  • a new approach to migration planning to help return migration back to pre-pandemic levels and to get the right skills in the right places.

 

Getting the skills in demand

The visa changes have a focus on several key areas which include raising the living standards of Australians, ensuring good working conditions and strengthening international relations. The new skills in demand visa will replace the temporary skills shortage visa.

“This new visa will give workers more opportunity to move employers and will provide clear pathways to permanent residence for those who want to pursue them,” the review says.

There is also tree pathways for a four-year visa, differentiated by different levels:

Specialist skills; attracting highly skilled workers from sectors such as technology or energy, it hopes to find the right person for the job if that person doesn’t exist within the country. It will be open to eligible applicants earning a minimum $135,000 in any occupation. However, the occupation excludes trade workers, machinery operators and drivers, and laborers.

Core skills; meant to meet the needs of the workforce with a “simpler” regularly updated occupation list that reflects Australia’s job market.

Essential skills; focusing on labor shortage for those on lower incomes.

 

English standards rise

The standards for English will rise for international students and education providers. The government’s reasoning for this was to “improve the quality of students’ educational experience in Australia and reduce potential workplace exploitation”.

Under the International English Language Testing System, students applying for a Graduate visa will require a score of 6.5 up from 6.0, while student visa applicants will need a 6.0 up from 5.5.

According to the government, international students are a large portion of “permanently temporary” migrants, with 108,000 having stayed in Australia for five or more years.

The education providers will face more stringent checks and standards to ensure that they are providing the necessary service and educational product. There are some private providers in the Vocational Education and Training sector with lower fees and shorter duration’s posing an issue as they create incentives for non-genuine study.

 

Scrutiny on those within

More scrutiny will be placed on migrants within, more particularly those who are visa hopping. An issue prior was that international students were extending their stay by applying for successive student visas.

“The prevalence of international students moving from course to course, particularly to courses that are below their current level of study, to prolong their stay in Australia has been growing,” the government’s migration strategy notes.

Along with the increased English standards, the government also proposed the genuine student test which will require students to prove that further education they apply for would actually advance their academic aspirations or their career.

With these proposed reforms businesses that cater to the international student community should prepare for a drop-off in migration.

 

Temporary Graduate Visas get a Trim

An issue the government is aware of is that those with high degrees apply for VET courses to prolong their stay. There are proposed refinements of the Temporary Migrant Visas (TGV) to help graduates who work in skilled jobs stay permanently as well as reduce the number of graduates left in limbo and stay despite having fewer prospects of permanent residence.

The proposed changes include:

  • Shorter post-study work rights
    – TGV length is reduced for Masters by coursework from 3 years to 2 and PHD from 4 years to 3.
    – Extension of Post-Study Work Rights (+ 2 years for an eligible course of study in an area of skills needed) is removed.
  • Eligible age encourages early career professionals
    – Maximum eligible age for TGV reduced from 50 to 35.
  • Limited graduate visa products with clearly defined purposes
    – TGV streams made more descriptive with ‘PostStudy Work’ and ‘Graduate Work’ changed to ‘Post-higher Education Work’ and ‘Post-Vocational Education Work’ streams.
    – The ‘Replacement Stream’ of the TGV and the subclass 476 visa will be abolished.
  • Clearer visa processing times
    – Processing time of the ‘Post-Higher Education Work Stream’ tol be backed by a 21-day service standard.
  • Clearer post graduate visa pathways
    – Work experience requirements for a Temporary Skills Shortage visa (and future Skills in Demand visa) to be changed to give TGV holders more opportunity to move on to a skilled visa. Proposed reforms to the points test will also give graduates working in skilled jobs faster pathways to permanent residency.

 

Opinions from those affected

Some international students are left confused and angry following the proposed changes to the temporary work visas. While the aim of the reforms is to build Australia’s “skilled workforce”, some who are studying the skills in demand are furious as there is fear the policy changes will prevent them from working if they graduate after turning 36.

Kenneth Chen, an undergraduate student majoring in community services, said that his plan had always been to find a job in the field he studied. However, he would be older than 36 once he finishes the course.

“I am devastated,” he said, urging the government to reconsider.

“As international students we paid the same fee [as younger students], studied what Australia needs, but can’t access the visa [like younger students].

“I don’t know why this is not age discrimination.”

Experts say that it would be fair that the government creates a transitional agreement for people like Mr Chen who started his studies with the expectation of work in Australia.

“International students who are in their 30s often think differently from those who are in their 20s. We often have a clearer career plan and we know there is a work visa available when we graduate,” he said.

“It just feels like they have broken their promise.”

Despite feelings of fear and confusion for those affected, some may see the English requirement increase as a benefit.
Lita, an Indonesian student who is studying Italian cookery at TAFE in Melbourne, may find this requirement difficult but believes the change can make things better for the long run.

“Nowadays, finding work has become more difficult because there are more newcomers, some of whom don’t speak English very well and are difficult to talk to,” she told the ABC.

Working part time in the restaurant industry, Lita said the government’s efforts in reducing migration numbers was the right one as it was currently more difficult to find work and a place to live.

“There are too many staff but not enough working hours, so it’s like we’re fighting for shifts,” Lita said.

 

References:

https://www.abc.net.au/news/2023-12-11/tightening-of-visa-conditions-australian-government/103212590

https://www.abc.net.au/news/2023-12-10/migration-review-briefing/103211718

https://www.theguardian.com/australia-news/2023/dec/11/labor-targets-student-and-some-worker-visas-in-overhaul-of-australias-temporary-migration-program

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1153

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://www.smartcompany.com.au/people-human-resources/recruitment-hiring/temporary-skilled-migrant-plan-migration-reform-clare-oneil/

https://www.abc.net.au/news/2023-12-15/graduate-work-visa-age-limit-change/103224544