UPCOMING IMMIGRATION CHANGES 2021

2020 has been an unprecedented year due to the impact of COVID-19. Many changes occurred in Australian Immigration, from lockdown to border closure and travel ban. Now that we are in 2021, we have decided to summarise the immigration changes that are expected to be in place.

Are you prepared for the Australian Immigration changes in 2021? Let’s take a look at what is planned for in Australian Immigration.

Migration Program Levels

The migration program level would remain at 160,000 for the 2020-21 program year. Whilst the quota remained the same, the distribution of the quota will change. The family stream will increase from 47,732 places to 77,300. To ensure that Australia recruits talented individuals to help with the economic recovery, Employer-Sponsored, Global Talent, Business Innovation and Investment Program visas will be given priority. Onshore visa applicants and partner visa applicants in regional areas will also be prioritised. This is to encourage migration to regional areas of Australia.

The 2020-21 migration program aims to support the economic recovery post-COVID-19. For this reason, places for the business, investment and innovation program has increased to 13,500. The government will be streamlining and improving the operation of the Business Innovation and Investment Program from 1 July 2021. The visa application charges will also increase by 11.3% from 1 July 2021.

One of the main changes is that the requirements for Business Innovation visa holders will be increased to ensure the program is attracting migrants with proven business skills. Business Innovation visa holders will be required to hold business and personal assets of $1.25 million (up from $800,000) and have an annual turnover of $750,000 (up from $500,000) to prove their business acumen.

Subclass 485

The Department of Home Affairs has announced a new initiative for an additional Temporary Graduate visa with an extra one or two year of post-study work rights for international students who:

1. graduate from the regional campus of a registered university or institution with a higher education or postgraduate qualification; and

2. maintain ongoing residence in a regional area while holding their first Temporary Graduate (subclass 485) visa

The second Temporary Graduate visa will require ongoing residence in a regional area.

The definition of regional Australia for this purpose will be the same as the definition for skilled migration – all of Australia excluding Sydney, Melbourne and Brisbane.

In order to be eligible for this visa extension, students need to have graduated from a regional institution, and resided (including all work and study) for at least two years in a regional area immediately before applying for their second 485 visa. The second Temporary Graduate visa is also available to current post-study 485 visa holders who graduated from a regional institution, and who will have resided (including all work and study) for at least two years in a regional area immediately before applying for their second 485 visa. Visa application fee is $650 main applicant, $325 for spouse or partner and $165 for children under 18. Applications can be made from 21 Jan 2021 onwards.

• International graduates who have studied and lived in Category 2 will be eligible for an additional 1 year on a second Temporary Graduate visa.

• International graduates who have studied and lived in Category 3 will be eligible for an additional 2 years on a second Temporary Graduate visa.

• International graduates who have studied and lived in Category 3 will be eligible for an additional 2 years on a second Temporary Graduate visa.

Bachelor degree (including Honours): 2 + 1 year (for cities and major regional centres) or + 2 years for regional centres and other regional areas)

Masters by coursework: 2 + 1 year (for cities and major regional centres) or + 2 years for regional centres and other regional areas)

Masters by research: 3 + 1 year (for cities and major regional centres) or + 2 years for regional centres and other regional areas)

Doctoral degree: 4 + 1 year (for cities and major regional centres) or + 2 years for regional centres and other regional areas)

International students studying at regional universities will be eligible to access an additional 1 year in Australia on a post-study work visa.

Student Visas

Onshore Student Visas

The number of subclass 500 visa applications lodged by onshore applicants has declined since the outbreak. However, the decline is not drastic as applicants are already onshore, and the border closure would have a lesser impact than offshore applicants. Some onshore applicants may also re-apply for a student visa to extend their stay in Australia as they cannot travel back home. Overall, the reduction in subclass 500 applications for onshore applicants is relatively minimal compared to offshore applicants.

Offshore Student Visas

Statistics from the Department of Home Affairs indicate the rapid decline of subclass 500 visa applications lodged by offshore applicants. This is understandable because the closure of borders has a significant impact on the applicant’s ability to travel to Australia. In most months since April 2020, the decline in the number of applications lodged has been more than 50% compared to the previous year.

To combat the negative impact of COVID-19 on the education sector, the government has put in place measures to support the education industry. Some of the support measures include:

• Waiving student visa fees to allow students to lodge a further student visa application to complete their studies.

• Students who undertook studies online due to COVID-19 will still be able to apply for a Subclass 485.

• Although some students may decide to enrol to study online, the impact of COVID-19 on the education sector will last over some time. Until travel restrictions are removed, many students will be impacted.

TEMPORARY RELAXATION OF WORKING HOURS FOR STUDENT VISA HOLDERS

In May 2021 update: The Government will remove existing work hour caps for Student Visa holders employed in the tourism and hospitality sector. A 40 hour fortnightly limit previously applied during study periods.

COVID-19 has introduced a lot of changes into migration law. One of the latest changes to the law is the relaxation of working hours for student visa holders. Together with the Australian Border Force, the Department of Home Affairs will be taking a flexible approach to student visa holders working beyond the usual work limitations in certain fields.

Student visa holders are not allowed to work for more than 40 hours per fortnight (8105 condition- work rights) as part of the visa condition. However, there is now a temporary relaxation of the rules in certain circumstance.

You can work for more than 40 hours a fortnight if you are:

• employed by an aged care Approved Provider or Commonwealth-funded aged care service provider with a RACS ID or a NAPS ID, before 8 September 2020

• employed by a registered National Disability Insurance Scheme provider (NDIS)

• enrolled in a health care related course and you are supporting the health effort against COVID-19, as directed by health officials.

• employed in the agriculture sector

• employed in the tourism and hospitality sector

During this period, Department of Home Affairs and the Australian Border Force will exercise their discretion not to cancel a student visa if they work more than 40 hours per fortnight.