When the Numbers Move: What the Coming Migration Cuts Mean — and What They Don’t
Phoenix Law & Associates | Commentary | August 2026

The story this week
On 4 August, Home Affairs and Immigration Minister Tony Burke was due to address the National Press Club. Two days out, the speech was postponed, with no official reason given. Reporting since — led by the ABC and followed closely by the Australian Financial Review and others — indicates the delay followed contentious cabinet discussion over a package of rapid cuts to net overseas migration (NOM).

The measures reported to be under consideration include tougher family visa rules, caps on working-holiday-maker numbers, expanded use of ballots for working-holiday visas, restrictions on asylum seekers’ work and appeal rights, and — significantly for many of our clients — preventing spouses, children, and parents of citizens and permanent residents from applying for a family visa while onshore on a visitor visa.

None of this is law. A postponed speech is not a policy. But the direction of travel has been visible for some time, and it is worth setting out calmly what is actually happening, what the evidence says about it, and what it means if you have an application on foot or are planning one.

What’s already changed — quietly
The debate tends to focus on dramatic announcements. The more important shifts have already happened without one. Two are worth naming.

The first is cost. Visa application charges rose sharply from 1 July 2026, part of a broader pattern that has made Australia’s visa system one of the most expensive among comparable countries. The second is sequencing: ministerial directions now prioritise onshore applicants over offshore ones across parts of the skilled and family programs. Neither required legislation. Both reduce arrivals at the margin — the first by deterrence, the second by slowing the offshore queue.

This matters because it tells you how migration policy is now made in Australia: less through headline cuts to the permanent program, more through the quiet levers of price, processing priority, and procedural friction. For applicants, the lived experience of “a tighter system” often arrives this way — not as a change in the rules, but as a change in how long things take and how much they cost.

The point most commentary misses
Here is where the firm’s view diverges from the louder version of this debate, and we think the distinction is one most fair-minded readers will accept once it’s laid out.

The political appeal of migration cuts rests heavily on housing. The reasoning feels intuitive: fewer arrivals, less pressure on rents and prices. But the intuition and the evidence don’t fully line up, and it’s worth being honest about why.

Independent analysis — including from the Grattan Institute — makes a point that rarely survives the headline: in a typical year, a majority of people granted permanent visas are already living in Australia. They are already renting, already counted in the population. Granting them permanence does not add a new person to the housing queue. Cutting that number, therefore, does far less for housing supply than the debate assumes.

There is a genuine tension the honest analyst has to hold: reducing migration probably does ease housing demand somewhat, and that is not nothing when affordability is this stretched. But cutting skilled permanent migration specifically carries a well-documented cost — lower productivity, weaker budget position, and per-capita income that tends to fall, not rise. Migrants create demand for labour as well as supplying it; the evidence that they suppress local wages is thin. So the trade-off is real, but it does not run the way the slogans suggest. The lever that is politically satisfying — cut the permanent intake — is not the lever that most moves housing, and the intake it cuts is the one that most helps the economy.

None of this means the concerns driving the debate are illegitimate. Housing stress is real. The sense that the system has grown unpredictable is real. Infrastructure has lagged population in the big cities, and people are right to notice. The reasonable position is not “migration is always good” or “cuts are always bad” — it’s that the specific design of any cut matters enormously, and that a cut aimed at looking decisive can easily miss the problem it claims to solve.

Temporary residents and migrants are not the same thing — and the debate keeps blurring them
There is a confusion running through almost all of the public discussion, and untangling it changes how the whole debate should be read.

When people say “migration is too high,” they are usually reacting to net overseas migration — the headline number. But NOM is dominated by temporary residents, not permanent migrants. In 2024–25, the single largest group of arrivals was international students, at roughly 157,000. Add working-holiday-makers, temporary skilled workers, and visitors, and the temporary cohort accounts for the overwhelming share of the figure that drives the political anxiety. The permanent Migration Program — the skilled and family visas that attract the loudest commentary — sits at 185,000 places and has barely moved.

This is not a pedantic distinction. It has two consequences that cut against the popular narrative.

First, on the numbers themselves. The Treasurer’s own explanation for why NOM forecasts were revised upward in the May Budget was not a surge of new permanent migrants — it was temporary migrants staying longer than expected. The lever that actually moves the headline figure is temporary settings: student caps, working-holiday ballots, post-study work rights. Cutting the permanent skilled intake, which is what “migration cuts” usually evokes, does comparatively little to the number people are actually worried about.

Second, and this is the point most worth making, the skilled migration program is not the loose tap it is often assumed to be. The public image of the “unskilled migrant flooding in” bears little resemblance to how the skilled program actually operates. An employer-sponsored worker on a Skills in Demand (subclass 482) visa must be nominated for an occupation on an official skills list, must generally hold a positive skills assessment and relevant experience in that occupation, must meet a Competent English standard, and must be paid at or above both a legislated income threshold and the genuine market rate for the role — so that sponsorship cannot be used to undercut Australian wages. Those thresholds rose again on 1 July 2026. Transitioning to permanent residence lifts the bar further, including a higher English requirement.

The working-holiday program is a second illustration of the same design logic — and a useful corrective to the idea that temporary migration is unstructured. A working-holiday-maker is granted twelve months at a time, but can apply for a second year only after completing 88 days of specified work in a designated regional area, and a third year only after a further six months. That regional-work condition is not incidental — it exists to channel labour into primary industries and regional areas where workers are hard to recruit: fruit-picking, farm work, and other seasonal roles in agriculture, hospitality, and construction outside the major cities. The recent adjustments reinforce that purpose rather than loosen it. From 1 July 2026, the maximum age for a subclass 417 visa rose from 30 to 35 for several additional partner countries — Cyprus, Finland, Germany, and the Republic of Korea, joining a group already at 35 — reflecting updated bilateral agreements. The aim is not to open the floodgates; it is to widen the pool of people willing to do specific regional work that would otherwise go undone.

In other words, the Australian government has spent years building structure and integrity into precisely the parts of the system that critics assume have none. The skilled program is deliberately engineered to bring in people who are qualified, employed by Australian businesses that have tested the local market first, competent in English, and paid properly. The working-holiday program is engineered to direct labour to the regional and primary-industry work the country most struggles to staff. Neither is the part of the intake generating the housing and infrastructure strain people feel in the big cities — and both are doing specific economic jobs the country has chosen to ask of them.

Where the critics have a point: the graduate visa
Fairness requires conceding the part of this debate the sceptics get right. Not every temporary stream is as tightly engineered as the skilled and working-holiday programs, and the clearest example is the Temporary Graduate (subclass 485) visa.

The 485 lets international students who have completed an eligible Australian qualification stay on to work — two to four years depending on the qualification obtained. But its gates are genuinely loose compared with the skilled program. There is no requirement to have a job offer, no minimum salary, and — critically — no requirement to work in the field you studied, or indeed to work at all; the visa remains valid regardless. The consequence shows up in the data. Successive studies, including work by Jobs and Skills Australia and university researchers, have found that a large share of 485 holders are unemployed or working well below their qualification level, with occupations such as sales assistant and cleaner among the most common. A visa premised on retaining “skilled” graduates is, in a substantial number of cases, producing underemployment.

This matters for the debate in two ways, and both are worth stating plainly.

First, it is a fair target for reform in a way the skilled program is not. If policymakers want to tighten a temporary stream on genuine integrity grounds — outcomes not matching the visa’s stated purpose — the 485 is a far more defensible place to look than the carefully vetted 482 or the permanent skilled program. Critics who focus their concern here are pointing at something real.

Second — and this is the firm’s point — it makes the misdirection elsewhere all the more striking. If the system has a genuine soft spot, it is the graduate visa, not the employer-sponsored worker who had to clear a skills assessment, an English test, a market-rate salary, and a labour-market test. A migration debate serious about integrity would distinguish sharply between the two. Much of the current debate does not. It treats “temporary migration” as a single undifferentiated mass, when the honest analysis pulls the streams apart: some are doing precisely the economic job asked of them, and some are not, and good policy depends entirely on telling which is which.

The Canada comparison — useful, but read it carefully
Much of the current commentary points to Canada, which cut its permanent-resident targets sharply from 2024 and saw population growth reverse. It’s a fair reference point, and the Canadian experience does suggest deliberate reductions can be delivered without the economic sky falling. But two cautions apply before treating it as a template.

Canada’s reductions were weighted heavily toward temporary residents — students and temporary workers — which is precisely the category that moves NOM fastest. And Canada paired the cuts with clear, published, multi-year targets, giving applicants and employers time to plan. The risk in the Australian approach reported so far is the opposite: change delivered quickly, through administrative levers, with limited notice. Whatever one thinks of the destination, abrupt and unsignalled change is the hardest kind for families and businesses to absorb.

What this means for you
Set the politics aside. If you are affected, here is the practical picture.

• If you are considering a family visa and your relative is currently in Australia on a visitor visa, pay close attention. One of the specific measures reported is a restriction on applying for a family visa onshore while on a tourist visa. If that becomes policy, the window to lodge under current rules could close with little warning. This is the single most time-sensitive item in the reported package, and anyone in this situation should seek advice promptly rather than waiting for confirmation.

• If you are a working-holiday-maker applicant, expect the ballot model to expand. As we’ve written before, a ballot replaces “apply when ready” with “register in a window and hope to be selected.” Missing a registration window can mean waiting a year, regardless of how prepared you are.

• If you are a skilled applicant, the onshore preference already embedded in the system works in your favour if you are here, and against you if you are not. That asymmetry is likely to sharpen, not soften.

• If you are an employer, the message is continuity of the trend we flagged after the Budget: the strategic centre of gravity has moved onshore. Offshore-sourced talent strategies face longer odds; retaining and transitioning people already in Australia is the more reliable path.

The consistent thread across all of these is timing. When policy shifts through administrative levers rather than legislation, it can move faster and with less notice than a formal announcement would allow. The applicants who fare best in this environment are not the ones who guess the politics correctly — they are the ones whose applications are complete, current, and lodged before the settings change.

Our view
Australia is not closing its doors. It is recalibrating — deliberately, and under real political pressure — how many people arrive, through which channels, and at what cost. Reasonable people can disagree about whether that recalibration is right. What is harder to dispute is that the popular case for it oversimplifies the economics, that it often conflates temporary residents with carefully vetted permanent migrants — and conflates loosely-gated streams like the graduate visa with tightly-controlled ones like employer sponsorship — that the tools being used favour speed over predictability, and that the people most affected are often those with the least ability to absorb sudden change.

Our role is not to argue the politics. It is to help clients see the system clearly and act in time. On both counts, the message this month is the same one we have offered all year: understand where the levers actually are and move while the settings you’re relying on are still in place.

To understand more, CALL +61731800908 | email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #AustralianImmigration #MigrationLaw #SkilledMigration #VisaAustralia #phoenixlaw #brisbanelawyers #MultilingualLawyers # japaneselawyers #koreanlawyers #spanishspeaking #chineselawyers #southafricanlawyers

5 June 2026

 PHOENIX LAW & ASSOCIATES —   Client Alert & Commentary  |  Australia Immigration Intelligence  – Subclass 189 Skilled Independent Visa

Final 189 Round of 2025–26: Why This Week Matters Most

The Department of Home Affairs has confirmed that the next — and final — invitation round for the Subclass 189 Skilled Independent visa is scheduled for 4 June 2026.

End-of-year Q4 rounds historically carry the highest invitation volumes of any round in the programme year. The Department issues remaining invitations to exhaust its annual cap before 30 June — meaning applicants who narrowly missed earlier rounds may find the threshold has shifted in their favour this week.

Points Table

65
Minimum Points
EOI-Eligible
65–75
Tier 1 Cutoff Healthcare & Trades
95–110
Typical Cutoff
ICT & Oversupplied
60 days
To Lodge After Invitation

What Applicants Must Do Before the Round


• Verify every detail in your EOI is accurate and current. Work experience, qualifications, English proficiency, and partner information must reflect your actual circumstances. Inaccurate EOIs can lead to visa refusal — and a PIC 4020 misrepresentation finding carries a three-year ban on future Australian visa applications.


• Update relationship status if it has changed. A skilled partner adds points. Changes need to be in SkillSelect before the round runs.


• Do NOT withdraw your EOI to “re-submit.” Your submission date is a tiebreaker when scores are tied. Losing it means going to the back of the queue.


• Check your skills assessment is still valid. Many certificates are valid for three years only. An expired assessment cannot support a visa application.


• If you receive an invitation: you have 60 days to lodge a complete application. That window cannot be extended.

KEY TAKEAWAY

Key Takeaway: This round is the year’s best opportunity. The Budget has foreshadowed a Points Test reform. Scores competitive today may not be competitive under the revised model. Applicants close to the threshold in a Tier 1 occupation should review their EOI urgently.

The New Programme Year Opens in July–August


Once the current programme year closes on 30 June, SkillSelect resets under the new 2026–27 allocations. The Points Test reform consultation — expected in the second half of 2026 — may alter the scoring architecture before rounds resume. Applicants who miss this week’s round and elect to wait should understand that the system they are waiting for may look meaningfully different from the one they have been preparing for.

How Phoenix Law & Associates Can Assist This Week


This developments has time-sensitive dimensions. The 189 round runs this week. The salary threshold change takes effect at the start of next month. The character provisions are already live.


Phoenix Law & Associates is available to assist with Expression of Interest reviews and pre-invitation strategy for Subclass 189 applicants; nomination lodgement planning and salary compliance for employer sponsors ahead of the 1 July threshold increase; and confidential advice for visa holders with any exposure to the new character grounds under section 501(6A).


We also continue to assist clients across the full range of family visa pathways — partner, parent, and prospective marriage visas — where the Department’s April 2026 evidentiary expectations continue to apply.


If you have questions arising from this week’s briefing, contact our office to arrange a consultation. The migration environment rewards those who engage early.

CALL NOW +61731800908 or email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #Subclass189Visa #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw

Domestic violence (DV) is one of the most critical—and often misunderstood—issues in Australian partner visa applications. It can significantly affect the outcome of a partner visa, whether you are the visa applicant or the sponsor.

At Phoenix Law & Associates, we regularly advise clients where DV intersects with migration law, family law, and criminal law. This article explains how DV is assessed, who it affects, and what options may be available.

What Counts as Domestic Violence for Migration Purposes?
For partner visas, domestic violence is broadly defined and goes far beyond physical abuse.
It can include:
• Physical assault or threats
• Sexual abuse
• Emotional or psychological abuse
• Financial control or coercion
• Intimidation, stalking, or harassment
• Controlling behaviour (e.g. isolation from friends/family)
Importantly, you do not need to be convicted of a criminal offence for DV to be relevant in a visa context.

DV Where the Visa Applicant Is the Victim
The Family Violence Exception – A Critical Protection
Australian migration law recognises that victims of domestic violence should not be forced to stay in an abusive relationship to secure permanent residency.
If you applied for a partner visa such as:
• Subclass 820
• Subclass 801
• Subclass 309
• Subclass 100
you may still be eligible for permanent residency even if the relationship has ended, provided you can establish that family violence occurred during the relationship.


Evidence That Can Support a DV Claim
The Department of Home Affairs may accept:
• Court orders (e.g. protection or restraining orders)
• Police reports or charges
• Medical or hospital records
• Psychologist or counsellor reports
• Statutory declarations (including independent expert evidence)
Each case is assessed very carefully, and poorly prepared evidence can lead to refusal. DV does not automatically guarantee approval—the evidence must meet migration law standards.

DV Where the Visa Applicant Is the Alleged Perpetrator
DV allegations against a visa applicant can seriously jeopardise:
• Temporary partner visas
• Permanent partner visas
• Future visa applications
• Character assessments under Australian migration law
If the applicant:
• Has criminal charges,
• Has convictions involving violence,
• Is subject to restraining orders,
the Department may:
• Refuse the visa on character grounds, or
• Cancel an existing visa, depending on severity and timing.

Even pending charges (without conviction) can delay or complicate the assessment.

DV Where the Sponsor Has a History of Violence
Sponsors are also subject to scrutiny.
If a sponsor has:
• A criminal history involving DV or violence,
• Prior convictions against former partners,
• Ongoing court matters,
the Department may:
• Refuse sponsorship approval,
• Limit the number of partners the sponsor can sponsor,
• Apply additional safeguards for the visa applicant.
In some cases, sponsorship is legally barred unless a compelling justification exists.

False or Tactical DV Allegations – A Word of Caution
The Department is highly alert to:
• Fabricated DV claims,
• Tactical allegations made solely to secure PR,
• Inconsistent or unsupported evidence.
False claims can lead to:
• Visa refusal,
• Findings of misleading information,
• Long-term credibility damage with Home Affairs.
DV claims should never be lodged without proper legal advice.

Why Early Legal Advice Is Crucial
DV-related partner visa cases often involve:
• Migration law
• Family law
• Criminal law
• Evidence strategy and expert reports
Mistakes made early—especially in statements or police reports—can be irreversible.

At Phoenix Law & Associates, we:
• Assess DV evidence against migration law thresholds
• Coordinate with family and criminal lawyers where needed
• Advise sponsors and applicants separately where conflicts exist
• Prepare structured, legally persuasive submissions to Home Affairs

Final Thoughts
Domestic violence can either protect or destroy a partner visa application—depending on who was affected, what evidence exists, and how the case is presented.
If DV is part of your situation, do not assume the outcome is obvious. Migration decisions turn on legal detail, credibility, and preparation.

PHOENIX LAW & ASSOCIATES multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #DomesticViolence #SkilledMigration #immigrationaustralia #Visa

Yossi Witkowsky [B.A.; LLB] is that rare combination – a fine legal mind, but also a person of great warmth and humanity. An experienced Senior Solicitor and Attorney in both South Africa and in Australia; a member of the South African Law Association and he has also practiced law in Australia for many years.

Qualifications

  • Two degrees,  BA (Law); LLB, and has also completed post graduate studies in commercial law.
  • Admitted to practice law in two jurisdictions being both Australia and South Africa.
  • More than 20 years practicing in a multitude of different areas of the law, with a strong background in commercial law and migration law, and other areas of the law, including Family Law.
  • Commercial Law experience in litigation, general commercial law advice, drafting an array of business contracts (including complex cross border contractual work).
  • A successful senior migration Lawyer for many years in Australia,
  • Working with both Australian and South African clients with an ongoing watching brief ( to facilitate matters for business/personal clients here in Australia )
  • Represented clients successfully in complex cases in both the Administrative Review Tribunal (ART);  the Federal Circuit and Family Court (FCFCA) and the Federal Court (FCA) of Australia. 
  • Worked in legal practice, and also at Multinational blue-chip companies within their legal departments, filling roles including practicing solicitor, mediator, compliance officer and in – house legal counsel.
  • A guest speaker for Migration Queensland at the Queensland parliament addressing attendees on the immigration process.

Personal Experience

  • Yossi and his family immigrated to Australia a number of years ago, and have been through the immigration process personally, allowing him to fully understand his client’s needs and emotions, especially when it comes to assisting them with the immigration process.
  • Yossi is married with 2 children, who are active in the community, and junior sports. He enjoys Rugby, Brazilian Ju Jitsu, CrossFit and chess.
  • English is his first language, and Afrikaans a close second.

At Phoenix Law & Associates, we have come to appreciate Yossi’s positive energy, tenacity, hard work ethic, and his personal philosophy: Be true to thy self. He is committed to his clients, our team and continuous development. He tells us his dislikes are negativity, gossip, and windy days. Not a bad trait that !

You can speak to Yossi at PHOENIX LAW & ASSOCIATES Level 8, 320 Adelaide Street Brisbane, or by calling 1800GETHELP or  +61 7 31800908 or email info@phoenix-law.com.au. Yossi easily stays in touch with Australia-wide and South-African based clients with their preferred zoom , teams or Google meet platforms.  #SkilledMigration #SouthAfricanLawyer @YossiWitkowski #AustralianVisa #LawyersBrisbane #CrossBorderMigration

Applying for a visa can be a daunting and complex process, especially given the ever-changing immigration laws and regulations. In such circumstances, consulting with a migration lawyer is not just advisable but often crucial. Here, we delve into the importance of seeking the expertise of a migration lawyer when navigating the visa application process.

  1. Legal Expertise and Knowledge
    Migration lawyers specialize in immigration law and possess a deep understanding of the legal complexities surrounding visa applications. They stay abreast of the latest updates in immigration regulations, policies, and procedures, ensuring that applicants receive accurate and up-to-date advice tailored to their specific circumstances. This legal expertise is invaluable in navigating the intricate maze of visa requirements and ensuring compliance with relevant laws.
  2. Personalised Guidance
    Every visa application is unique, with each applicant facing their own set of challenges and considerations. Migration lawyers provide personalized guidance, taking the time to understand the individual circumstances of their clients and crafting strategies tailored to their needs. Whether it’s addressing potential eligibility issues, mitigating risks, or exploring alternative visa options, a migration lawyer can offer invaluable insights and advice to maximize the chances of a successful application.
  3. Mitigating Risks and Challenges
    Visa applications can be fraught with risks and challenges, from incomplete documentation to unforeseen legal hurdles. Migration lawyers help applicants identify and mitigate these risks, ensuring that their applications are thorough, accurate, and compliant with all relevant requirements. By anticipating potential pitfalls and addressing them proactively, migration lawyers help minimize the likelihood of delays, rejections, or other adverse outcomes.
  4. Navigating Complex Cases
    Some visa applications involve complex legal issues or unique circumstances that require specialized expertise to navigate effectively. Whether it’s addressing criminal convictions, previous visa denials, or other complicating factors, migration lawyers have the experience and knowledge to handle even the most challenging cases. They can devise creative solutions, advocate on behalf of their clients, and navigate complex legal processes to achieve the best possible outcome.
  5. Legal Representation and Advocacy
    In certain situations, visa applicants may encounter disputes, appeals, or other legal proceedings that require professional representation and advocacy. Migration lawyers act as advocates for their clients, representing them before immigration authorities, administrative tribunals, or courts as necessary. Their legal expertise and advocacy skills are invaluable in defending the rights and interests of visa applicants and ensuring that they receive fair treatment under the law.
    Conclusion
    Navigating the visa application process can be a daunting task, with numerous legal, procedural, and logistical hurdles to overcome. Consulting with a migration lawyer provides applicants with the expertise, guidance, and support they need to navigate this complex landscape successfully. From providing legal advice and personalized guidance to mitigating risks and advocating on behalf of their clients, migration lawyers play a vital role in ensuring the smooth and successful outcome of visa applications. Whether applying for a temporary visa, permanent residency, or citizenship, seeking the assistance of a migration lawyer can make all the difference in achieving one’s immigration goals.

Contact Phoenix Law & Associates – WE SPEAK YOUR LANGUAGE – https://www.phoenix-law.com.au/ Call 1800GETHELP. Level 8, 320 Adelaide St, Brisbane #BrisbaneLawyers #japaneselawyers #ChineseSpeakingLawyers #conveyancingbrisbane #BusinessLaw #FamilyLaw #family #Australia #romanian #pashtu

重要なお知らせ:2024年7月1日からビザ条件8107、8607、および8608に変更が適用されます!

オーストラリア政府は、特定のビザを保有している労働者の権利と生産性を向上させるために、ビザ条件8107、8607、および8608に重要な変更を加えます。以下は、2024年7月1日から適用される主要な更新情報です。

施工開始日: 2024年7月1日**

対象ビザ

  • 一時就労(技能)ビザ(サブクラス457)
  • 一時技能不足ビザ(サブクラス482)
  • 技能雇用主スポンサー地方(暫定)ビザ(サブクラス494)

主な変更点

就職移行期間の延長:
スポンサーとなる雇用主との雇用が終了したビザ保持者は、新しい雇用主を見つけるか、他のビザを申請するか、オーストラリアを出国するための手配をするための期間が延長されます。具体的には、

  • 一度に最長180日間、または
  • ビザの有効期間内で最大365日間

柔軟な就労:
移行期間中、ビザ保持者はスポンサー以外の他の雇用主のために働くことができ、関連するノミネーション申請における職種として選択されていない職業でも働くことができます。この変更により、ビザ保持者は新しいスポンサーやビザの手配をする間も雇用を維持するための柔軟性が提供されます。

スポンサーの通知:
スポンサーは、ビザ保持者の辞職やスポンサーシップの終了など、重要な変更があった場合、28日以内に当局に通知する必要があります。これにより、当局はビザ保持者の現在の雇用状況を常に把握することができます。

職業の一貫性:
ビザ保持者は、現在のスポンサーの下で働く間、指定された職種に留まらなければなりません。また、職種に関連する必要なライセンスや登録を守る必要があります。これにより、ビザ保持者がその分野の仕事で必要とされる専門的な技術基準を維持することが保証されます。

適用範囲:
これらの変更は、既存のビザ保持者と2024年7月1日以降にビザを取得する人の両方に適用されます。特に、2024年7月1日以前にスポンサーとの雇用を終了した期間は、新しい期間には含まれません。

これらの更新は、現在のオーストラリアの労働市場(労働力不足)を反映し、しかも特定のビザ保有者のビザ条件における重要な変化を意味し、ビザ保持者に対してより多くの柔軟性と安全性を提供する一方で、スポンサーがその義務を果たすことを確保することとなります。ご自身のビザがこの変更条件の適用範囲内であるかどうか等、ビザに関するご質問は当所まで。

Important Update: Changes to Visa Conditions 8107, 8607, and 8608 Starting 1 July 2024

The Australian Government has implemented significant changes to visa conditions 8107, 8607, and 8608, aimed at enhancing worker rights and productivity. Here’s an overview of the key updates that took effect from 1 July 2024:

Effective Date:
1 July 2024

Impacted Visas:

Temporary Work (Skilled) visa (subclass 457)

Temporary Skill Shortage visa (subclass 482)

Skilled Employer Sponsored Regional (provisional) visa (subclass 494) Key Changes:

Extended Time for Job Transition:
Visa holders who cease employment with their sponsoring employer now have increased flexibility to secure new employment or make alternative arrangements. They will have:

  • Up to 180 days at a time, or
  • A maximum of 365 days in total across the visa grant period

During this time, they can find a new sponsor, apply for a different visa, or arrange to depart Australia.

Work Flexibility:
During the transition period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination. This change provides greater flexibility for visa holders to maintain employment while they secure a new sponsorship or visa arrangement.

Sponsor Notification:
Sponsors must inform the Department of any significant changes within 28 days. This includes situations where a visa holder resigns or when the sponsorship arrangement ceases. This ensures the Department is kept up-to-date with the current employment status of the visa holder.

Occupational Consistency:
Visa holders must remain in their nominated occupation while working for their current sponsor. They must also adhere to any required licenses or registrations relevant to their occupation. This requirement ensures that visa holders maintain the professional standards expected in their field.

Applicability:
These changes apply to both existing visa holders and those granted visas on or after 1 July 2024. Importantly, any periods during which a visa holder ceased working for their sponsor before 1 July 2024 will not count towards the new time periods.

Conclusion:
These updates represent a significant shift in visa conditions, providing greater flexibility and security for visa holders while ensuring sponsors meet their obligations. The extended time for job transition and increased work flexibility will likely be welcomed by many visa holders, offering them more time and options to secure their future in Australia.

It’s not always easy to gain an Australian Visa, so you do need expert advice – if there is a way we will find it. Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP. Level 8 , 300 Adelaide St, Brisbane #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #immigration

Beginning May 10, 2024, prospective students and their guardians aiming to study in Australia will need to meet revised financial capacity requirements. This adjustment comes as part of the Australian government’s efforts to ensure that international students have adequate financial resources to sustain themselves during their studies in the country. The amendment aligns the financial capacity requirement with 75 percent of the national minimum wage, providing a clearer indication of the funds necessary to maintain a basic standard of living while pursuing education in Australia.

Updated financial capacity requirement

The updated financial capacity requirement reflects a consideration for the fact that students spend approximately 25 percent of the year out of course sessions. During this time, they may choose to return to their home countries or engage in unrestricted work opportunities, enabling them to support themselves financially. By recalibrating the financial threshold in this manner, the Australian government aims to empower international students to make informed decisions about their educational journey and mitigate various challenges commonly associated with insufficient financial resources.

One of the primary benefits of the increased financial capacity requirement is the potential reduction in financial distress experienced by international students upon arrival in Australia. Adequate financial preparation ensures that students can meet their living expenses without resorting to excessive work hours, which could otherwise compromise their academic performance and visa compliance. Moreover, the adjustment aims to safeguard students from the risks of exploitation in the workplace, as they are less likely to seek unauthorized employment due to financial pressures.

Increased minimum required funds

The subsequent table will outline the increased minimum required funds necessary to fulfill the financial capacity requirement.

 Financial capacity requirement before 10 May 2024Financial capacity requirement after 10​​ May 2024
primary applicantAUD24,505AUD29,710
spouse or de facto partner of the Student primary applicant (not applicable to Student Guardian applicant)AUD8,574AUD10,394
dependent childAUD3,670AUD4,449
annual school costsAUD9,661AUD13,502
personal annual income if there is no member of the familyAUD72,465AUD87,856
personal annual income where there is a member of the family unitAUD84,543AUD102,500

Table retrieved from Department of Home Affairs Website. https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

It’s important to note that applications lodged before May 10, 2024, will be assessed based on the financial capacity requirements in effect at the time of application. However, prospective students and their guardians are encouraged to familiarize themselves with the updated requirements to ensure compliance and avoid any potential discrepancies.

In conclusion, the increase in the financial capacity requirement for Australian student visas represents a proactive step towards enhancing the overall well-being and experience of international students studying in the country. By aligning the financial threshold with a proportion of the national minimum wage, the Australian government aims to foster a supportive environment conducive to academic success and personal development for all international students.

For more detailed information, applicants are directed to refer to the Subclass 500 Student visa and Subclass 590 Student Guardian visa guidelines provided by the Australian government. Alternatively, prospective applicants can contact our office by either calling us on 07 3138 0908 or email us at info@phoenix-law.com.au.

At Phoenix Law, We Speak Your Language, and we understand your customs.  

“In Japan, the New Year is the biggest celebration of the year. We have a proverb in Japan, “the total for the year is on New Year’s Day”. In other words, we symbolise the first of January of each year as being your new year coming. So most Japanese people will visit their local temples and shrines to pay respects to their ancestors and gods and pray for the prosperous year.

Traditionally the New Year dish In Japan is called “Osechi”. Osechi are traditional foods which are the variety of Japanese traditional foods packed together in “Jubako” which is special box that resembles bento boxes. It is prepared before the New Year so that the kitchen would not be used to give “the Kitchen God” rest during the new year festive period.

All of the ingredients in Osechi are meant for good health, fortune and prosperity for a year. For example, “Black beans” are eaten to encourage work and academic achievement. Prawns have long hair with bended backs, so that it symbolises old people and you eat them to pray for longevity.

Salted Herring Roe is eaten to pray for the prosperity of descendants. Mashed sweet potato with chestnuts is believed to raise money luck and fortune, and  Sweet Omelet is eaten to improve your knowledge. ” Hideki Shimizu,  Legal Practice Director, Lawyer , Registered Migration Agent (MARN 9900985)

Japanese Lawyers plus thirteen other languages 

In today’s transnational world, finding advisors and Japanese lawyers that can communicate with you about your legal needs in the language you’re most comfortable speaking is a must. At Phoenix Law, we are proud to be a multilingual law firm that celebrates diversity. We strive to assist you with your domestic and international affairs in the language you prefer speaking. At Phoenix Law, we speak thirteen languages in addition to English.  CALL US anytime at 1800GETHELP –  or read more at https://www.phoenix-law.com.au/

 

Are you trying to bring your parent to Australia?

 

Last week, the Australian government officially announced a new parent visa subclass: The 870 Sponsored Parent Visa.

The 870 visa gives the opportunity for parents of all ages to spend up to five years in Australia with their children. And, to make this visa more appealing, the government has dropped some of the major restrictions other parent visa categories carry.

So, what is the 870 Sponsored Parent visa and who is eligible to apply for it?

 

What makes this visa different?

Unlike other parent visas, the 870 visa doesn’t require the parent to meet the “Balance of Family” rule. Instead, the sponsored parent just needs to have a child (biological, adopted or step-child) who is an Australian citizen, permanent resident, or eligible New Zealand citizen who has been living in Australia for four years.

This is good news for children who have been living in Australia for many years but still have the majority of their brothers and sisters living overseas.

Another important difference between the 870 visa and other parent visas is this visa doesn’t put minimum or maximum age restrictions on the parents – a rule that has previously prevented many migrant’s parents from coming to Australia.

And, while this visa does not lead to permanent residency, eligible parents can stay for the full 5 years, leave the country, then apply for another 5-year visa, meaning they can enjoy a maximum period of 10 years with their children and grandchildren in Australia.

 

What is the application process?

The first step towards obtaining an 870 Sponsored Parent visa is getting the child approved as a sponsor. This will require the child to:

  • Undergo police checks and;
  • Prove they are earning a taxable income of $83,454.80 or more (this can be joint family income).

Then, once the child has been approved as a sponsor, the second step is to lodge the parent’s application within six months of their sponsor’s approval.

When lodging an 870 Sponsored Parent visa application, the parents must be able to prove they:

  • Have sufficient income to provide for themselves while living in Australia, as the 870 visa doesn’t grant the parents any right to work in Australia
  • Meet the government’s health requirements and get private health insurance
  • Meet the government’s character requirements.
  • Have no debt owing to the Australian government (exemptions can be made if repayment arrangements are in place).

 

When can I apply?

While sponsor applications are open now, visa applications can only be lodged after 1st of July.

If you are considering applying for an 870 Sponsored Parent visa, it’s important you take steps to submit your application as early as possible because only 15,000 of these visas will be granted this year.

 

How much does an 870 Parental Visa application cost?

There are two main application fees for this visa:

  • Sponsorship application fee: $470
  • Visa application fee: $5000 for a three-year visa or $10,000 for a five-year visa (this fee is paid in two parts, one upon application and the second prior to being granted).

With such substantial sums of money on the line, many applicants prefer not to risk preparing their own application and use a migration agent instead.

 

How long does it take to be approved for an 870 Sponsored Parent Visa?

As this is a new subclass of visa, there is currently no information available about processing times. It is expected that applicants will receive more information about wait times at least three months after the applications open.

 

How do I get started?

To find out more about this visa type, or to explore other visas that might be better suited to your needs, get in touch with a migration agent at Phoenix Law & Associates.

We’ve helped thousands of people live, work, study and holiday in Australia, and we specialise in helping people who don’t speak English as their first language apply for visas.

Our team includes:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
  • Urdu speaking lawyers
  • Kurdish speaking lawyers
  • Bosnian speaking lawyers
  • Croatian speaking lawyers
  • Serbian speaking lawyers
  • Slovenian speaking lawyers
  • Macedonian speaking lawyers
  • Montenegrian speaking lawyers

Call 07 3607 3274 or email info@phoenix-law.com.au to request an obligation-free consultation. We’re here to help YOU!