With the new financial year upon us, let our expert immigration lawyer Karthiha Kailasanathan walk you through the ten most significant migration changes outlined in this year’s budget.

Australia’s migration system is rapidly changing.

In December of 2023, the Australian Government introduced their new Migration Strategy, which aims to:

– Address skill needs and promote worker mobility from temporary status to permanent residence;

– Streamline visa processing by making systems and technology more accessible and easier to navigate;

– Strengthen the integrity of Australia’s international education sector and its ties to actual labour shortages;

– Improve economic outcomes from migration.

The Federal Budget for Financial Year 2024-25 seeks to achieve these goals by proposing several changes to our country’s migration framework.

Here are the ten most notable changes to migration in Austria outlined in this year’s budget:

1. Permanent Migration

Firstly, the budget makes significant changes to permanent migration in Australia. The budget sets a target for the 2024-25 permanent migration program at 185,000 places, with 70% (132,000 places) allocated to skilled migrants.

There are increased allocations for:

– Employer Nominated Visas (subclass 186)

– State Nominated Visas (subclass 491)

And decreased allocations for:

– Skilled Independent Visas (subclass 189)

– Global Talent Visas (subclass 858)

This shows a drive towards employer-driven and regional migration for the long-term, opening opportunities for business owners to secure a range of talent from a more stable labour force, as well as allowing migrants to benefit from Australia’s growing economy.

2. Temporary Employer-Sponsored Migration

The budget also includes major changes to temporary work visas. From 23 November 2024, the work experience requirement for the Temporary Skill Shortage visa (subclass 482) will decrease from 2 years to 1 year. This will improve access to skilled workers and skilled visas.

In conjunction with the more flexible requirements for transitional permanent residence, this should facilitate more longer-term labour for Australian businesses and more stable lives for migrant workers.

3. Student Visa Limitations

There are significant changes to Australian student visas too. Australia’s student and graduate visa programs will be subject to stricter limits on availability and several other changes.

You can learn more about changes to student and graduate visas here.

4. National Innovation Visa

The budget introduces a new National Innovation Visa, which will in effect replace the Global Talent (subclass 858) and Business Innovation and Investment (subclass 188/888) visas. This change is designed to more specifically target high-level talent in areas where national growth can benefit from improved innovation capabilities.

5. Work and Holiday Visa

Given the growing demand for Australian work and holiday visas from China, Vietnam, and India, the government will introduce a pre-application ballot process which allows for a more equitable random selection of applicants from these countries where numbers are significantly exceeding allocations.

6. Mobility Arrangement for Talented Early-Professionals Scheme (MATES)

There is a new Australian visa for Indian citizens too. From 1 November 2024, this new program will allow 3,000 Indian graduates and early career professionals to live and work in Australia for up to 2 years.

This acknowledges the high demand by Indian nationals for our skilled visas, and recognises their important contributions to the Australian economy.

7. Strengthening Safety and Integrity in the Migrant Economy

The budget not only proposes changes to the visa process, but commits significant funds to improving the experience for migrants in Australia as well.

For example, the government is investing $15 million into improving the treatment of migrant workers by educating migrants on their rights and protections at work. An additional $1.9 million will also fund a data-matching pilot program between the Department of Home Affairs and the Australian Tax Office to improve accountability on pay. And a further $100 million will be allocated to the Department of Home Affairs to improve general organisational function and efficiency.

8. Support Services for Migrants and Refugees

Likewise, the government has allocated $34.5 million toward improved support services for migrants and refugees. This includes a program to help humanitarian visa holders from Afghanistan to be settled in Australia.

9. Immigration Detention Centres

The government will fund improved security measures at the Yongah Hill Immigration Detention Centre. This follows serious concerns over the safety conditions and level of care provided for both detainees and staff.

10. Merits Review Changes

Last but not least, the Administrative Appeals Tribunal will be replaced with the new Administrative Review Tribunal. The government will invest over $1 billion in this 5-year transition with a view toward improving migration and visa backlogs and processes.

It’s important to note that these announcements only outline the government’s goals for the migration system, and will not take effect until regulations are officially in place.

Get in touch:

Embarking on your own migration journey? Worried about how these changes might affect you? One call can make all the difference.

Our expert migration lawyers will provide you with tailored legal advice to help you navigate our constantly changing immigration landscape.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au to arrange a consultation today.

From 1 July 2024, there will be a host of changes to Australia’s student and graduate visa categories. Our expert immigration lawyer Karthiha Kailasanathan is on hand to help us understand them.

An Australian Student Visa (subclass 500) allows individuals to enter or remain in Australia to study. An Australian Graduate Visa (subclass 485) allows recent graduates in Australia to transition from their Student Visa into full-time work.

Whilst these visas generally provide migrants with the life-changing opportunity to obtain a world-class education and work experience, they are also prone to exploitation. Recent trends show instances of fraud, non-genuine study commitments, visa-hopping, and a failure to address economic skill shortages.

These patterns have led the government to tighten the criteria for student and graduate visas with the aim of improving integrity and allowing clearer pathways for skilled migrants.

From 1 July 2024, the following changes to student and graduate visas will take effect:

1. You can no longer lodge a Student Visa (subclass 500) application if you are already in Australia on a:

– Temporary Graduate Visa (subclass 485)

– Visitor Visa (subclasses 600, 601, 602, 651, 771)

– Maritime Crew Visa (subclass 988)

– Diplomatic Visa (subclasses 995, 403, 426)

2. The Temporary Graduate Visa (subclass 485) stream will be renamed to the Post-Vocational Education Work stream

– The age cap will decrease to 35 (at the time of lodgement).¹

– The visa grant period will decrease to 18 months.¹

– Applicants must have completed an associate degree, diploma, or trade qualifications related to an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL).

3. The Post-Study Work (subclass 485) stream will be renamed the Post-Higher Education Work stream

– The age cap will decrease to 35 (at the time of lodgement).^1,2

– The visa grant period will decrease to 2 years for Bachelors/Masters graduates, and 3 years for Masters by Research and PhD graduates.^1,3

4. The Second Post-Study Work (subclass 485) stream will be renamed the Second Post-Higher Education Work stream

5. The Replacement (subclass 485) stream will cease

Get in touch:

Currently studying in Australia or one day hoping to? Worried about how these changes might affect you? One call can make all the difference.

Our expert migration lawyers will provide you with tailored legal advice to help you navigate through your migration journey.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au to arrange a consultation today.

^{1. Exceptions apply for Hong Kong and British National Overseas passport holders.}

^{2. Exceptions apply for certain Masters/PhD graduates.}

^{3. Exceptions apply for Indian nationals.}

Calling a law firm can be an intimidating experience – but it doesn’t have to be.

Here’s what to expect when you call Nikolovski Lawyers.

First and foremost, you will always be greeted by a friendly voice.

That voice will probably belong to our warm and wonderful receptionist, Penny. If not, one of our stellar legal assistants will take your call with the same hospitality.

Whether you’re a new client enquiring about our services or a long-time client checking-in, you and your matter will always be treated with the utmost confidentiality, compassion, and respect.

If you’re a new client calling for the first time:

Our aim for any new client is to learn a little bit about your matter, and arrange a time for you to see the right lawyer.

Our lawyers specialise in five main areas of law – compensation, employment, family, property, and immigration. If you know which type of matter belongs to you, let us know. If not, tell us what has happened and we’ll know the right person for you to speak to.

Be sure to let us know how you heard about us too!

From there, we will arrange an initial consultation with one of our lawyers – either in-person, by phone, or by video call. We’ll always let you know if there’s any cost associated with that appointment (for many matters your initial consultation is free). Your lawyer will take it away from there!

If, for some reason, we think you’ve come to the wrong place (ie. if your matter concerns an area of law outside of our specialties), we’ll do our best to get you headed in the right direction.

If you’re an existing client calling about your matter:

Here we just need three things: your name, your lawyer, and the reason for your call.

From there, you will be transferred through to your lawyer’s assistant. Every lawyer at Nikolovski Lawyers is supported by a brilliant clerk or legal assistant. They have an intimate working knowledge of your matter, and – more often that not – will have the answer that you’re looking for. Don’t underestimate them!

If they’re unable to assist you or if your issue is urgent, they can transfer you through to your lawyer, or arrange for them to return your call as soon as possible.

Our lawyer’s work tirelessly in support of their matters, so please don’t take it personally if they’re unable to take your call – they’re just busy. If they personally fielded every call, they’d have no time to work on the meat and bones of your matter!

Get in touch:

Now that you’re fully-prepared, feel free to give us a call on (02) 4227 6833!

One call can make all the difference.

Read all the media coverage surrounding one of our proudest public liability claims.

Led by our stellar Senior Associate Amy Scanu, Nikolovski Lawyers successfully defended this matter on three separate occasions:

In the NSW District Court, the NSW Supreme Court of Appeals, and in a Special Leave Application to the High Court of Australia.

You can read about this matter at the links below:

1. ‘Wollongong City Council ordered to pay over $600k in damages after man breaks arm on Mount Keira footpath’ – ABC Illawarra (30 September 2020)

2. ‘Wollongong council’s $600k payout to man who tripped and fell at Mount Keira’ – Illawarra Mercury (14 April 2021)

You can learn more about public liability claims here.

Get in touch:

Have you or a loved one been injured on public or private property? One call can make all the difference.

Call us at (02) 4227 6833, or email us at admin@nikolovskilawyers.com.au.

Warning: Game of Thrones spoilers lie within…

Let us imagine Jon Snow was an employee of a company situated in NSW called The Night’s Watch Pty Ltd. In the course of his employment he is fatally wounded by several stab wounds, and death follows within a short period. What kind of compensation is Mr Snow entitled to?

1. Death Benefits

Under the NSW Workers Compensation Legislation, death benefits are payable to his dependents (or if he has no dependents, to his legal personal representative). These include a substantial lump sum and funeral expenses.

2. Weekly Payments to Dependent Children

Weekly payments are also payable to any dependent children of the worker. If Jon had taken on the role of parent for any of the Stark children after the death of Ned and Catelyn (their parents), they would be counted as his children for the purpose of the death benefits claim.

But what about Lump Sum Compensation for Permanent Impairment?

Where an injury results in a permanent impairment, lump sum compensation may be payable for that impairment. The right to bring such a claim is not extinguished by the death of a worker and may be brought by the legal personal representative.

In a recent case*, the NSW Court of Appeal was asked to consider whether an incident that resulted in catastrophic injuries causing near-immediate death, could also result in a permanent impairment claim?

The Court considered the purpose of compensation for permanent impairment, which is to compensate an injured worker for the loss of quality of life caused by the injury. It determined that there is no ‘permanent impairment’ when the worker’s injuries are fatal and the worker ‘survives for a very short period, measured in seconds or a few minutes’.

In our scenario, Jon’s death occurred within minutes and therefore no permanent impairment compensation would be payable.

This begs the question, just how long does a worker have to survive their injuries for a permanent impairment claim to arise?

Imagine if another employee, Sandor ‘The Hound’ Clegane, had died days after suffering fatal injuries at the hands of Ser Brienne. Should Sandor be eligible for a permanent impairment claim? What if he only survived a few hours? Or if he had survived a few weeks?

A Fantastical Complication

But the case of Jon Snow doesn’t end there! You may recall Jon Snow did not stay dead. He was resurrected by the Lord of Light. What effect do you think his resurrection would have on the claim for death benefits? What if he came back as a White Walker instead?

We might have to leave that for the maesters to decide…

*Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178.