Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024

The instrument, departmental reference LIN 24/044, is made under the following provisions of the
Migration Regulations 1994 (the Migration Regulations):

    • subregulation 2.07(5);
    • paragraph 1229(2A)(b) of Schedule 1; and
    • clauses 476.212, 476.213 and 485.212 of Schedule 2.

    The instrument amends Migration (Arrangements for Certain Skilled and Temporary Graduate Visa
    Applications) Instrument (LIN 20/162) 2020 (LIN 20/162) and Migration (English Language
    Requirements for Subclass 476 (Skilled – Recognised Graduate) and Subclass 485 (Temporary
    Graduate) Visas) Instrument (LIN 24/021) 2024 (LIN 24/021).

    The instrument repeals Migration (Specified Qualifications Applicable for Extension of Subclass 485
    Visa) Instrument (LIN 23/048) 2023 (LIN 23/048) and Migration (Institutions and Disciplines for
    Subclass 476) (LIN 24/015) Specification 2024 (LIN 24/015).

    The instrument does this in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the
    Acts Interpretation Act). That subsection provides that a power to make a legislative instrument
    includes a power to amend or repeal that instrument in the same manner, and subject to the same
    conditions, as the power to make the instrument.

    The instrument commences on 1 July 2024. It is a legislative instrument for the Legislation Act 2003
    (the Legislation Act).

    Background

    The Migration Amendment (Graduate Visas) Regulations 2024 (the amending Regulations), which
    commenced on 1 July 2024, make various changes to the Migration Regulations. For the purposes of
    LIN 24/044, the amending Regulations amend the Migration Regulations to:

      • close the Skilled (Provisional) (Class VF) visa’s Subclass 476 (Skilled – Recognised Graduate) (the
        Subclass 476 Skilled-Recognised Graduate visa) to all applications from 1 July 2024;
      • close the Temporary Graduate visa in the Replacement stream to all new applications from
        1 July 2024;
      • close the Temporary Graduate visa in the Post-Study Work stream two year nil visa application
        charge (VAC) visa extension (the ‘nil’ VAC visa extension) (to which the former
        subparagraph 1229(2)(a)(ia) of Schedule 1 to the Migration Regulations applied), to all applications
        from 1 July 2024; and
        Authorised Version Explanatory Statement registered 25/06/2024 to F2024L00698
      • rename the Temporary Graduate visa in the Graduate Work stream and the Post-Study Work stream
        to the Post-Vocational Education Work stream and the Post-Higher Education Work stream,
        respectively.

      LIN 20/162, LIN 23/048, LIN 24/015 and LIN 24/021 are instruments made under the Migration
      Regulations before the commencement of the amending Regulations.
      Migration (Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument
      (LIN 20/162) 2020 (LIN 20/162)

      LIN 20/162 provides for the form, place and manner required for making applications for a
      Subclass 476 Skilled-Recognised Graduate visa, a Temporary Graduate visa in either the Graduate
      Work stream, the Post-Study Work stream or the Replacement stream and other skilled visas.
      Migration (English Language Requirements for Subclass 476 (Skilled – Recognised Graduate) and
      Subclass 485 (Temporary Graduate) Visas) Instrument (LIN 24/021) 2024 (LIN 24/021)

      LIN 24/021 was made under clauses 476.213 and 485.212 of Schedule 2 to the Migration Regulations.

      1. Clauses 476.213 and 485.212 of Schedule 2 to the Migration Regulations require that visa applicants
        for the Subclass 476 Skilled-Recognised Graduate visa or the former Subclass 485 (Temporary
        Graduate) visa (respectively) to have undertaken a specified language test; to have achieved within the
        specified period, the specified score, in accordance with the requirements specified by the Minister in
        that instrument; and to hold a passport of a type specified by the Minister in a legislative instrument.
        Migration (Specified Qualifications Applicable for Extension of Subclass 485 Visa) Instrument
        (LIN 23/048) 2023 (LIN 23/048)
      2. LIN 23/048 was made under the former paragraph 1229(2A)(b) of Schedule 1 to the
        Migration Regulations.
      3. Previously, paragraph 1229(2A)(b) of Schedule 1 to the Migration Regulations provided for the
        Minister to specify the qualifications required to be held by an existing Subclass 485 (Temporary
        Graduate) visa holder in either the Post-Study Work stream or the Replacement stream (see the former
        paragraph 1229(2A)(a) of Schedule 1), who was applying for a subsequent visa in the Subclass 485
        (Temporary Graduate) visa in the Post-Study Work stream.
      4. LIN 23/048 specified the qualification(s) that entitle an eligible applicant to satisfy the requirement in
        the former paragraph 1229(2A)(b) to Schedule 1 to the Migration Regulations to apply for an additional
        Temporary Graduate visa in the Post-Study Work stream, without paying a VAC.
        Migration (Institutions and Disciplines for Subclass 476) (LIN 24/015) Specification 2024 (LIN 24/015)
      5. LIN 24/015 was made under clause 476.212 of Schedule 2 to the Migration Regulations. That provision
        provides that applicants for a Subclass 476 Skilled-Recognised Graduate visa must have completed a
        course at an institution specified by the Minster in a legislative instrument in the period of 24 months
        ending immediately before the day on which the application was made, for the award of a degree or a
        higher qualification specified in an instrument in writing.
        Authorised Version Explanatory Statement registered 25/06/2024 to F2024L00698
      6. LIN 24/015 specifies the institutions for the purposes of subclause 476.212(b) of Schedule 2 to the
        Migration Regulations and disciplines for the purposes of clause 476.212 of Schedule 2. The instrument
        operates to enable recent engineering graduates of eligible institutions to live, work or study in
        Australia for up to 18 months, subject to satisfying the relevant primary visa criteria for grant of a
        Subclass 476 Skilled-Recognised Graduate visa.
        Purpose
        Migration Legislation Amendment (Graduate Visas) Instrument (LIN 24/044) 2024 (LIN 24/044)
      7. The Australian Government released the Migration Strategy on 11 December 2023, building on the
        findings of the ‘Review of the Migration System’ report (the Parkinson Review) and the ‘Rapid Review
        into the Exploitation of Australia’s Visa System’ (Nixon Review). As part of the Migration Strategy,
        the Government has committed to strengthen and simplify the Temporary Graduate visas program.
      8. The Migration Amendment (Graduate Visas) Regulations 2024 (the amending Regulations) amend the
        Migration Regulations to give effect to the Government’s commitments to implement those
        recommendations of the Migration Strategy.
      9. This instrument is made in conjunction with those amending Regulations.
      10. The purpose of this instrument is to implement consequential amendments required to the following
        instruments to give effect to the amendments to the Migration Regulations (as detailed above at
        paragraph 6):

      This instrument amends LIN 20/162 by repealing section 7 of that instrument. This amendment
      ensures references to the closed Subclass 476 Skilled-Recognised Graduate visa are removed while
      maintaining the form, place and manner requirements for the visa application in either of the
      Temporary Graduate visa streams (the Post-Vocational Education Work stream and the Post-Higher
      Education Work Stream) or other Skilled visas.

      This instrument amends LIN 24/021 by removing references to the closed Subclass 476 Skilled –
      Recognised Graduate visa. This amendment provides that the English language test requirements
      continue to be specified for the Temporary Graduate visa’s streams applications while reflecting the
      closure of the Subclass 476 Skilled-Recognised Graduate visa.

      This instrument repeals LIN 23/048 and LIN 24/015. LIN 23/048 deals with the additional visa
      pathway for the Subclass 485 (Temporary Graduate) visa in the Post-Study Work Stream and has
      no legal effect from 1 July 2024 due to the repeal of its enabling provision by the amending
      Regulations. LIN 24/015 deals with the Subclass 476 (Skilled-Recognised Graduate) visa and
      would have no practical effect from 1 July 2024, as applications for that visa have closed to new
      applicants

      Written by Ross Ahmadzai

      28 Jun, 2024

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