Australia’s November 2024 Migration and Immigration Updates

November 19, 2024

Australia’s November 2024 Migration and Immigration Updates

As the year 2024 winds down, the Australian immigration system has had several core changes: new migration laws, visa processing, and sponsorship visas. All these are aimed at making Australia’s immigration processes faster, clearer in their requirements, and consequently easier for skilled migrants, employers, and applicants seeking entry into the country. So here are the most relevant updates:

1. Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024

This Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024 focuses primarily on improving the skilled migration program through bringing about critical changes to the requirements for sponsorship and nomination. 

• Labour Market Testing Timeline: The bill now conditions the labour market testing to be conducted within six months prior to lodging the skilled worker nomination. Of course, this is more than the four months required during the preceding period.  

• Skilled Migration Income Thresholds. The legislation introduces income thresholds into the Skills in Demand visa; the threshold is annually varied based on the changes in Average Weekly Ordinary Time Earnings, which means the threshold will vary from year to year. 

This indexation will ensure that income requirements remain aligned with current economic conditions.    

• Transparency in Sponsorship: The public register of sponsors will be created, recording names of business enterprises that are appraised to sponsor workers possessing relevant skills. There will also be details on the register such as a name of the business, Australian Business Number (ABN), postcode, nominated number and the occupations that the sponsors wish to fill in. This initiative is designed to enhance transparency and worker mobility, allowing applicants to verify the legitimacy of sponsors easily.  

• Implementation: The bill has passed the House of Representatives and is now awaiting further steps. It is expected to come into force either by proclamation or six months after receiving royal assent.

2. LEGENDcom Update – Migration & Citizenship 

On 8 November 2024, LEGENDcom released an update that includes several changes to the Migration Regulations 1994. This update reflects amendments made by the Migration Amendment Regulations 2024 and other important procedural instructions.  

• This revision updates several policy and procedural instructions related to visa categories, such as the Subclass 494 (Skilled Employer Sponsored Regional) visa and the Subclass 485 (Temporary Graduate) visa, among others. Additionally, it incorporates revisions due to modifications made in the Protection Visa Processing Guidelines and Resolution of Status visa. 

• Deleted Procedural Instructions: Some procedural instructions have been deleted and integrated into the broader Protection Visa Processing Guidelines, including guidance on protection claims by diplomats, consular officials, and foreign government employees.

4. Citizenship Procedural Instructions Update (8 November 2024) 

Alongside migration updates, LEGENDcom also released changes to the Citizenship Procedural Instructions (CPI), specifically CPI 25, which provides updated guidance on Australian Citizenship by Operation of Law. This update affects individuals who automatically gain Australian citizenship due to their birth circumstances or other legal factors. It is important for migration agents and applicants to review these updates when submitting citizenship applications.  

5. Visa Processing Performance and Statistics (2024-25) 

The latest figures released in the Administration of the Immigration and Citizenship Programs Paper (13th Edition) provide insight into visa processing performance and trends in Australia’s immigration system for the 2024-25 program year.   

• Temporary Visas: According to the Department of Home Affairs, 92 % of applications lodged for temporary visas between 1 July 2024 and 30 September 2024 have been processed and finalised. This has risen to 97% for applications lodged in the last 12 months. This demonstrates a strong performance in processing temporary visas.  

• Permanent Visas: For permanent visas, 52% of applications lodged in the first quarter were finalised, with 60% processed in the last 12 months. However, processing times for some permanent visa categories have increased.  

• Processing Time Increases: Notably, the median processing times for the following visa categories have increased:  

• Partner (First Stage): Increased from 6 months to 11 months.  

• Student Visas: Increased from 17 days to 52 days.  

• Temporary Resident (Skilled) Visas: Increased from 18 days to 44 days. 

6. VETASSESS Priority Processing Pause (1 December 2024)

VETASSESS has just announced that it will stop Priority Processing services for its skilled migration visas from 1 December 2024. That is because the agency needs to clear all the pending applications before the Christmas shutdown period commences on 20 December 2024. Its offices will reopen on 6 January 2025. 

If you are interested in priority processing, it is advisable to file your application before the pause is put into effect so that you do not incur additional delay. 

Conclusion  

Updates on migration reflect a fundamental shift in the Australian immigration system by enhancing skilled worker sponsorship, visa processing, and providing greater transparency about sponsors. Some of the processing times and temporary measures to temporarily suspend services indicate the intent to upgrade this new immigration framework: more efficient, transparent, and robust. 

Stay updated on these changes and plan your migration or visa applications accordingly. Contact us for further details.