The Australian Government has made several significant updates to its immigration policies in February 2023, ranging from new permanent pathways for refugees on temporary visas to changes in the Professional Year policy for the General Skilled Migration program.

In the following section, we provide a summary of the latest updates in February 2023! 

Immigration Updates – February 2023

New permanent pathway for those on a TPV or SHEV 

The Labor Government has fulfilled its key election promise by announcing permanent visa pathways to thousands of refugees on temporary visas.

As of 14 February 2023, Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) holders can apply for a permanent visa to remain in Australia. The visa they will be eligible for is called a Resolution of Status Visa (subclass 581).

All applicants will be required to meet health, character and security requirements, and any applicants aged 18 or over must sign the Australian Values Statement. There is no protection obligations assessment required for the subclass 581 visa, and an interview will not be required.

People who hold a TPV or SHEV have, until recently, only been eligible to apply for another TPV or SHEV, unless they have met the ‘SHEV pathway requirements’ requiring applicants to work or study in a regional area.

The Government acknowledges the following:

“Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives and increases their ability to contribute to Australian society”

“Permanent residence will enable TPV/SHEV holders to gain secure employment, grow businesses, study more easily, sponsor eligible family members to Australia and eventually become an Australian citizen”

This announcement arrives after a decade of uncertainty and family separation for those affected.

Opportunity for subclass 482 visa holders with an occupation on the Regional Occupation List (ROL) to obtain permanent residence  

Commencing 1 July 2022, changes were implemented to enhance permanent residency accessibility for skilled migrants workers who decided to remain in Australia throughout the pandemic.

Subclass 482 visa holders who have resided in Australia for a minimum of one year between 1 February 2020, and 14 December 2021 are qualified to apply for permanent residency under the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) (subclass 186) visa. Importantly, applicants must also meet all other nomination and visa requirements for the TRT stream of the ENS visa.

On 13 February 2023, the Government announced that, in addition to short-term stream 482 visa holders, this pathway is also available to medium-term 482 visa holders with an occupation on the Regional Occupation List.

This pathway is currently available for two years from 1 July 2022.

General Skilled Migration (GSM) skills assessment obtained within 60 day invitation period will be accepted

The Department will now accept a suitable skills assessment for an applicant’s nominated skilled occupation which has been obtained within the 60 day invitation period.

This change of approach is made as a result of the decision of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 (Thapa). The Migration Regulations 1994 will now be administered in accordance with the ruling in Thapa by the Minister.

Provisional or limited registration can now be accepted for all subclass 186 APHRA regulated occupations 🩺 

The Department has advised that provisional or limited registration can be accepted for all APHRA-regulated occupations for the subclass 186 visa.

According to the policy, information may be required to confirm that they have a sufficient level of registration and a decision maker can request a statement from the nominator confirming:

• their awareness of the applicant’s ‘type’ of registration and
• they agree that the type of licensing and/or registration the applicant holds or is eligible to hold will allow them to effectively perform the duties of the occupation in which they have been nominated.

The Department will be applying the new policy to both applications that have already been lodged, as well as those that will be lodged in the future.

Changes to Professional Year policy for points under the General Skilled Migration program

 There has been recent changes to the policy interpretation of the 48 month requirement for “Professional Year” points for the GSM program (subclass 491/189/190 visas).

The Department has clarified that the professional year requirement relates only to the date on which the professional year ended. This means that the professional year is not required to be commenced within the 48 months immediately before the time of invitation for the visa, as was previously understood.

An applicant who has completed a professional year in Australia in their nominated skilled occupation or a closely related skilled occupation for a period of at least 12 months in the 48 months immediately before that time, will be awarded 5 points.

Introduction of new Section 499 Directions 99 and 102 

Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA  

Commencing on 3 March 2023, Direction 99 will add the strength, nature and duration of ties to Australia as a primary consideration under Part 2 Section 8. As a result, decision-makers should generally give more weight to these considerations.

This change acknowledges the significance of an applicant’s ties to the Australian community and is expected to lead to fairer and more transparent citizenship and visa decisions. 

Order of considering and disposing of Family visa applications

Commencing on 9 February 2023, Direction 102 removes the de-prioritisation of applications in which the applicant’s sponsor (or proposed sponsor) is a person who entered Australia as an Illegal Maritime Arrival and holds a permanent visa.

Previously under Direction 80, sponsors who entered Australia as an Unlawful Maritime Arrival (UMA) and are the holder of a permanent visa, will no longer receive the lowest processing priority. However, with the implementation of Direction 102, the exception is removed, and this group is no longer included, which means they should now be treated according to the usual priorities. 

Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on your circumstances and eligibility.