Migration Matters | Immigration Update May 2023

• Author: Mr Paul Gleeson
• Law Firm: Roam Migration Law
• Published date: 16 May 2023

With so much happening in Australian immigration right now, we are pleased to provide you with an update and commentary on the expanded pathways to permanent residence and yesterday's Federal Budget 2023-24.

Expanded pathways to permanent residence

By the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) Sc 186 will be amended.

• All Temporary Skill Shortage (TSS) Sc 482 visa holders will be eligible for ENS visas sponsored by their employers.
• Applicants will need to continue to work in the occupation nominated for their TSS visa(s).
• Sponsored visa holders will be eligible for ENS TRT after two years (down from three years) of sponsorship on a TSS by their employer.
• Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.
• The limit on Short Term stream TSS visa applications that can be made onshore has also been removed in the interim.

Roam Commentary: These changes will benefit many Sc 482 visa holders and employers. Further clarification will be required on access to the Direct Entry stream and whether any additional changes will be made to the Sc 186 visa program. The current announcements do not clarify whether there will be an increase to the age limit to 50 years, a move widely speculated on among migration professionals.

Federal Budget 2023 - 24 - what it means for Australian Immigration

The Government this evening, 9 May 2023, handed down its first full Budget since it was elected in 2022. The following announcements related to the Department of Home Affairs portfolio and the migration program were included in the Budget and associated papers.

Migration Planning Levels

The 2023-24 migration planning level will be 190,000 places, with 137,100 allocated to the skilled migration stream.

Roam Commentary: The migration planning level relates to permanent places which will be made available to migrants. The focus on the skilled program will mean that the lengthy queues for parent and other family visas (excluding Partners) are likely to continue to drag or extend further in the coming 12 months.

Increase in Fees and Charges

The Government will increase Visa Application Charges (VACs) from 1 July 2023.

The Budget Papers indicate that Visa Application Charges will rise by between 6% and 40%, with the increases distributed across the following visa subclasses:

Visa Classes	Percentage increase
Visitor, working holiday, work and holiday, training, temporary activity and temporary work (short stay specialist) visas	15%
Business innovation and investment visas	40%
Other visas	6%
Pacific Engagement Visa and Pacific Australia Labour...