Opportunities for Migrants with Australian Visa Changes in 2022



Here’s a rundown of some of the significant immigration policies that have been proposed as Australia aims to ramp up migration as part of its economic recovery from the COVID-19 pandemic.

Due to broad travel prohibitions and border closures, migration to Australia has plummeted since the start of the COVID-19 pandemic, but it is predicted to rebound in 2022.

According to the Treasury’s mid-year economic statement, which was released earlier this month, net overseas migration is predicted to rise to 180,000 people in 2022-23, up from minus 41,000 people in 2021-22. (almost double the previous estimate).

Every financial year, Australia’s migration program is set and runs from July 1 to June 30. The population prediction for 2024-25 stays at 235,000 people.

Which visa holders are permitted to enter Australia at this time?

On December 15, 2021, Australia’s borders reopened to qualifying international students and some skilled visa holders, nearly six months sooner than the federal budget anticipated.

Australian citizens and permanent residents, as well as their immediate family members, are permitted to enter the country.

Temporary visa holders will have more opportunities

While many temporary visa holders fled Australia during the epidemic owing to a lack of work and welfare support, Ben Watt, a migration lawyer at Visa Envoy, believes the focus will now be on granting permanent residency pathways to those who stayed, with some of those pathways already announced.

The planned level for 2021-22 was kept at 160,000 places, with the same composition as the previous year, resulting in 79,600 places for the Skill stream, 77,300 places for Family, 100 places for Special Eligibility, and 3,000 places for minors.

“To me, [the Department of Home Affairs] appears to want to fill that 160,000 with a lot of people who are here on temporary visas, and they’re trying to attract permanent migrants from people who are already in Australia,” he added.

“That’s a huge difference; they’re easing up and allowing a lot of various avenues and extensions for those who are already here to fulfill their migrating dreams.”

“Throughout the epidemic, the government has implemented a number of visa modifications and will continue to examine visa settings to support Australia’s economic recovery,” a Department of Home Affairs spokeswoman said.

For qualified migrants in the health and hospitality industries, permanent residency is available.

As part of its economic recovery, the government proposed significant visa modifications in November to keep highly qualified foreigners in crucial sectors. Certain migrants who choose to stay and work in Australia throughout the pandemic will be eligible for permanent residency under the new rules.

Existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream, who were previously limited to a two-year stay without such a pathway, may benefit from the revisions. Benefits may be available to holders of the now-discontinued Temporary Work Skilled (subclass 457) visa who no longer meet the age criteria.

“This is a unique concession to those highly talented migrant workers who choose to stay in Australia throughout the epidemic while also addressing Australia’s urgent shortages,” says the statement. “This permits them to stay in Australia while also providing a road to citizenship,” stated Immigration Minister Alex Hawke at the time.

Mr. Hawke estimated that roughly 20,000 visa holders might gain from the revisions, with the health and hospitality industries employing the greatest groups.

Mr. Watt stated that the amendments will make a significant impact for those who have been living and working in particular hospitality jobs in large cities and have failed to gain permanent status.

“For as long as I’ve been in the industry, I’ve always had a big number of cooks and restaurant managers who come in, work for a restaurant or a business in Sydney, Brisbane, or Melbourne, and can really contribute.”

“In this field, it’s difficult to locate workers. So it’s been a difficult pill for these people to take, knowing that they’re critically needed yet have no way of obtaining permanent residency.”

“It puts an end to the pain of the situation while also providing a strong incentive for other people to go down that route.”

According to a department official, the modifications announced on November 25, 2021, will be phased in from December 2021 to July 1, 2022.

In the regions, skilled migrants can apply for permanent residency.

Temporary migrants who were stuck offshore due to the pandemic have been the hardest hit, according to Ruby Forward, managing director of the Australian Immigration Agency. In Australia, however, visa holders are in an “excellent situation.”

The skilled regional subclass 191 visa, for persons who have lived, worked, or studied in a specified regional area on a previous, qualified visa, is one of the new permanent residency pathways she emphasized.

“It’s a three-year pathway; you have to be on a 494 visa for three years before applying for the 191,” she explained.

According to the department, the visa will not begin until November 16, 2022.

Change from 189 New Zealand Stream Subclass Visa to 189 New Zealand Stream Subclass Visa

The Australian government also changed the New Zealand pathway in 2021 to make it easier for qualifying temporary visa holders who are New Zealand nationals to gain permanent residency in Australia.

“If you’re a New Zealander in Australia making a particular amount of money, you have the potential to receive a 189 visa, which is taken away from a skilled migrant from another country,” Mr. Watt explained.

Changes to the New Zealand stream of the Skilled Independent (Subclass 189) visa went into effect on July 1, 2021, reducing the number of years an eligible applicant must satisfy the required income criterion (from at least four to three of the last five income years).

The government has also taken steps to ensure that temporary visa holders who were on their way to permanent residency before COVID-19 can keep their status.

For skilled migration visas, the ‘Section 48 bar’ has been lifted.

Following a revision to section 48 of the Migration Act, skilled migrants in Australia will be able to apply onshore for three skilled migration visa categories for a limited time.

Applicants who have had a visa refused or canceled since their last arrival in Australia are subject to the Section 48 ban.

Mr. Hawke agreed on November 13 to provisionally include the visa subclasses 491, 494, and 190 in the list of exempted visas.

For temporary graduate visa holders, new visa settings have been implemented

Temporary graduate visa holders who are stranded offshore and unable to travel to Australia owing to the epidemic can apply for a new visa, but there will be a delay.

Current or former temporary graduate (subclass 485) visa holders whose visas expired on or after 1 February 2020 will be able to reapply for a new visa of the same period from 1 July 2022, according to the government.

The 485 visas are available to recently graduated international students with expertise in particular occupations who want to stay in Australia and work.

Other temporary graduate visa parameters will alter, including an increase in the stay length on the 485 visas for Masters by Coursework graduates from two to three years, and the Graduate Work stream from 18 to 24 months.

Mr. Watt said the concessions previously offered are complicated but worth investigating “because they are trying to do some justice for these folks.”

These adjustments will be implemented “gradually” from December 2021 to July 2022, according to the government, with more information expected on the department’s website. From July 1, 2022, applicants can apply for a replacement visa.

Ms. Fowdar urged people to seek expert migration assistance, citing the fact that information is continuously changing and that additional changes are expected in the next year.

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