Australian Immigration
This site will provide you with what you need to know about Australian immigration law and policy changes in Australia.
Australia’s immigration system is complex and dynamic. With significant changes announced in 2023, and further changes expected in 2024 and beyond, it is more important than ever to keep up with the latest announcements.
Organisations and individuals alike can use this resource to stay informed about the Australian migration landscape.
Get in touch with our team of experienced immigration lawyers should you have any questions regarding the impacts to your situation.
April 9, 2024: Jobs and Skills Australia Releases Draft Core Skills Occupation List
In December 2023, the Australian Government announced its Migration Strategy to reform Australia’s migration system. As part of these reforms, the Government has established a formal role for Jobs and Skills Australia (JSA) in defining Australia’s skills needs by using data-driven evidence and advice from tripartite mechanisms.
JSA has developed a Migration Labour Market Indicator Model which will be used alongside stakeholder engagement to provide advice and recommendations to the Government for the Core Skills Occupation List (CSOL) which will form a central part of the proposed Skills in Demand visa due to supersede the Temporary Skill Shortage subclass 482 visa program in late 2024.
JSA has now released a draft Core Skills Occupation List (CSOL) for consultation purposes only and is seeking feedback from a range of stakeholders, including businesses, state and territory governments, unions, skills assessing and licensing authorities and Australian and migrant workers and job seekers.
The draft CSOL has been categorised into three groups:
- Group 1: Skilled occupations the JSA Migration Model is confident should be on the CSOL;
- Group 2: Skilled occupations the JSA Migration Model suggests should not be on the CSOL and targeted for consultation;
- Group 3: Skilled occupations the JSA Migration Model suggests should be targeted for stakeholder feedback.
Fragomen will be providing submissions in response to the draft lists, however we strongly encourage clients potentially impacted by the proposed Group 2 and Group 3 outcomes to also participate in JSA’s consultations. Your industry knowledge and expertise will supplement the labour market analysis used by JSA to provide advice to Government on the CSOL.
In the meantime, if you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
March 26, 2024: UK Nationals and Permanent Residents to Benefit From 4-year TSS Visas
The Department of Home Affairs confirms that certain categories of United Kingdom nationals and permanent residents are eligible for grant of a four-year TSS visa.
As a result of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) coming into force on 31 May 2023, certain United Kingdom nationals and permanent residents seeking to enter Australia were eligible to nominate a four-year visa period under the Temporary Skill Shortage (TSS) subclass 482, even if applying under the short-term stream which generally imposes a two-year limit on visa duration.
The A-UKFTA specifies that the following categories of business persons can enter Australia for a period of up to four years:
- Intra-corporate transferees who are executives, senior managers and specialists with advanced trade, technical or professional skills and have been employed by their overseas employer for at least two years immediately prior to date of application;
- Independent executives who intend, or are responsible for the establishment in Australia of a new branch or subsidiary of an enterprise which has its head operations in the United Kingdom;
- Contractual service suppliers with trade technical or professional skills and experience who intend on supplying a service under contract within Australia.
The Department of Home Affairs has since clarified that if United Kingdom nationals or permanent residents do not fall under the intra-corporate transferee or independent executive categories, they will be able to rely on the contractual service supplier category which is intended to capture all remaining natural persons.
While the A-UKFTA provides a clear benefit in relation to longer visa durations for UK nationals and permanent residents, businesses should note that where a TSS application is lodged under the short-term stream, the genuine temporary entrant criteria will continue to apply.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
February 22, 2024: Migration Amendment (Strengthening Employer Compliance) Act 2024 to commence on 1 July 2024
The Australian Government has introduced new legislation to strengthen the legislative framework in the Migration Act to improve employer compliance and protect temporary migrant workers from exploitation.
In 2023, the Australian Government announced additional funding of $50 million to facilitate thorough review and development of legislative powers and enforcement tools that will assist visa holders in speaking up about exploitative workplaces.
Fragomen supports the Australian Government’s ongoing initiatives to address worker exploitation and, through our Government Relations team, welcomed the opportunity in 2023 to provide submissions on proposed Employer Compliance legislation prior to its passage through parliament.
On 20 February 2024, the Migration Amendment (Strengthening Employer Compliance) Act 2024 received royal assent and will come commence on 1 July 2024.
The provisions within the Act ensure that temporary migrant workers are appropriately empowered to address unlawful conduct in the workplace. Additional provisions were introduced to improve rates of employer compliance through both deterrence and remediation, and to protect temporary workers from employers that have been found to have engaged in serious, deliberate or repeated non-compliance.
The Act includes the following measures:
- New criminal offences and associated civil penalties for employers who unduly influence, pressure or coerce a non-citizen to breach a work-related visa condition or accept an exploitative work arrangement to meet a work-related visa condition;
- Introduction of a mechanism to allow the Department of Home Affairs to prohibit an employer convicted of these offences, or who have contravened certain migration or Fair Work laws from employing additional temporary migrant workers for a specified period;
- Publication of the names of prohibited employers on the Department of Home Affairs Website;
- Increased powers and tools provided to Australian Border Force, including compliance notices;
- Repeal of s235 of the Migration Act which currently makes it an offence for temporary migrant workers to breach work visa conditions or unlawful non-citizens who work.
Looking ahead
As part of the broader roll out of the Migration Strategy, the Australian Government’s commitment to deterring workplace exploitation will continue to be an ongoing area of focus.
Other proposed initiatives will include:
- introduction of a Workplace Justice visa to protect individuals who have spoken up about an exploitative employer and resigned from their place of employment;
- increasing the timeframe that a Temporary Skill Shortage (TSS) subclass 482 visa holder can be without an employer from 60 days to six months;
- establishing a public register of approved sponsors to enable monitoring and oversight; and
- creation of a united intelligence, investigations and compliance capability in the Department of Home Affairs.
Fragomen has a specialist Advisory and Compliance practice that can assist employers with preparing for these changes by conducting internal audits, reviewing current systems and processes and providing guidance on best practice in immigration compliance.
If you have any questions or would like to arrange a discussion with our Advisory and Compliance Practice, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
December 12, 2023: Release of Australian Migration Strategy
The Australian Government has delivered its Migration Strategy which provides a roadmap to the significant areas of reform to be implemented from 2024 and beyond.
The Migration Strategy outlines the Government’s strategic approach to adjusting the settings of Australia’s migration system to reach target wages and productivity growth, build a skilled workforce to transition to a net zero economy, manage the pressures of an ageing population and return net migration to pre-pandemic levels.
Reform commitments for employer-sponsored visa programs
In addition to the expanded pathway to employer-sponsored permanent residency implemented on 25 November 2023, the Government’s Migration Strategy provides additional targeted reforms for the employer-sponsored visa programs to be rolled out in a phased approach throughout 2024.
The key reforms include:
- Development of new Skills in Demand visa with three separate pathways dependent on the foreign worker’s proposed earnings in Australia to be implemented in late 2024.
- The Specialist Skills pathway will be for foreign nationals earning over $135,000 (excluding high salary trades workers, machinery operators and labourers) and will receive expedited processing.
- The Core Skills pathway will be for the bulk of foreign workers with earnings between $70,000 and $135,000.
- The Essential Skills pathway will be for foreign workers in critical industries earning less than $70,000, with a higher focus on regulation and compliance focused on combatting worker exploitation.
- Legislating indexation of income thresholds to maintain system integrity. Thresholds for each of the three visa pathways will be indexed annually to average weekly ordinary time earnings.
- Streamlining Labour Market Testing (LMT) requirements to do away with advertising on the Workforce Australia platform effective 11 December 2023, with the view to increasing the validity of LMT evidence from four to six months in late 2024.
- Tasking a coordinated, evidence-based, tripartite approach to identifying skills needs in late 2024. The Jobs and Skills Australia body will administer and assess whether certain skills are in demand for the data-driven Core Skills Occupation List for the Core Skills pathway of the Skills in Demand visa program.
- Tackling worker exploitation and misuse of the visa system by introducing legislation, new powers and penalties, and supporting migrant workers by introducing protections against visa cancellation in mid-2024. Amongst other measures, the development of a public register of approved sponsors to enable monitoring will also be implemented by late 2024 in line with the new Skills in Demand visa.
Key Actions in the Migration Strategy
The Government has categorised its strategy for the wider migration program through eight key actions.
Key Action |
Existing and new commitments |
1. Targeting temporary skilled migration to address skills needs and promote worker mobility |
Introduction of a new Skills in Demand visa with three targeted pathways, and visa settings that encourage worker mobility in the labour market.
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2. Reshaping permanent skilled migration to drive long-term prosperity |
Commitment to exploring a reformed points test for permanent skilled migration, and a new Talent and Innovation visa for migrants who can drive growth in sectors of national importance. |
3. Strengthening the integrity and quality of international education |
A package of integrity measures to lift the standards for international students and education providers while ensuring graduates help meet skills shortages and do not become permanently temporary. |
4. Tackling worker exploitation and the misuse of the visa system |
A comprehensive suite of legislation, powers, penalties and policies to combat worker exploitation. |
5. Planning migration to get the right skills in the right places |
A longer-term evidence-based approach to planning immigration that closely collaborates with States and Territories and ensure population planning is based on the best available population data forecasts. |
6. Tailoring regional visas and the Working Holiday Maker program to support regional Australia and its workers |
A new direction to ensure visas for regional Australia are prioritised, and a commitment to evaluating regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia. |
7. Deepening people-to-people ties in the Indo-Pacific |
A direct pathway to citizenship for New Zealanders and increasing mobility with Pacific Island and Southeast Asian countries. |
8. Simplifying the migration system to improve the experience for migrants and employers |
A system-wide simplification agenda that will streamline visa settings, reduce visa classes and make the system easier to use. |
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
December 11, 2023: Changes to Labour Market Testing Requirements
The Department of Home Affairs (DHA) has amended the Labour Market Testing (LMT) requirements to support the Government’s Migration Strategy and overall commitment to streamlining visa processes for Australian businesses. Effective immediately there is no longer a requirement to advertise on the Government’s Workforce Australia platform.
What are the new LMT requirements?
Unless certain exemptions apply, employers are required to advertise nominated positions for at least four weeks on two recruitment platforms with national reach in the four months immediately prior to lodgement of a Temporary Skill Shortage Subclass 482 (TSS) or Skilled Employer Sponsored Regional Subclass 4949 (SESR) nomination application.
There is no longer a requirement to advertise on the Workforce Australia platform.
Further to our Newsflash of 8 November 2023, the DHA has also clarified in the new LMT legislative instrument that advertisements must run for at least four consecutive weeks, or be provided as two or more overlapping advertisements. Multiple back-to-back advertisements will no longer be accepted.
Which applications will benefit from the LMT changes?
All applications lodged on or after 11 December 2023 and those lodged before this date but not yet decided will benefit from the LMT changes.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
November 27, 2023: Reforms to Employer Nomination Scheme
On 25 November 2023, the Department of Home Affairs implemented the long-awaited reforms to the Employer Nomination Scheme permanent residence program. The reforms reflect the Government’s commitment, as discussed during the Jobs and Skills Summit in September 2022, to provide more equitable access to permanent residence for temporary skilled workers.
Key changes under the new regulations
The new regulations expand access to the Temporary Residence Transition (TRT) stream under the Employer Nomination Scheme Subclass 186 (ENS) visa program. The changes also apply to certain transitional applicants under the Regional Sponsored Migration Scheme Subclass 187 (RSMS) visa program.
Changes to the TRT stream nomination requirements apply to new nomination applications lodged, as well as applications that are yet to be finally determined at the time the new regulations commenced.
The TRT changes are summarised below:
Key change |
Summary |
Expanded access to the TRT streams of ENS and RSMS visas |
All holders of the Temporary Skill Shortage Subclass 482 (TSS) and 457 visas can access the ENS TRT visa, regardless of the stream in which their visa is held. |
Reduction of employment period |
The required employment period has been reduced to two years out of the three years immediately before the ENS nomination is made. Previously, the requirement was three out of four years. |
Removal of requirement for the occupation identified in the nomination to be on the skilled occupation list |
There is no longer a requirement for the TRT stream for the occupation to be listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). The occupation must still be listed on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) dictionary and be in the same ANZSCO unit group code which formed the basis for granting the visa applicant’s TSS or 457 visa. |
Introduction of discretionary refund |
A refund of the first instalment of the Visa Application Charge (VAC) may be given if the ENS or RSMS application under the TRT stream is withdrawn. This new provision will allow for a refund of the VAC where an ENS or RSMS nomination application was lodged prior to the visa applicant meeting the two-year employment requirement. |
Removal of limit on the number of TSS visa applications in the short-term stream made in Australia |
The requirement that an applicant must be offshore to lodge their third or subsequent TSS visa has now been repealed to reflect the decision that all streams of the TSS visa will have a pathway to permanent residence. |
Other notable announcements
End date to COVID-19 Concession Period
At the onset of the COVID-19 Pandemic, the Department of Home Affairs introduced a ‘COVID-19 Concession Period’ commencing from 1 February 2020. The end date for the concession period has now been set as 25 November 2023.
The COVID-19 Concession Period was introduced to assist certain temporary and provisional visa holders who were disadvantaged by consequences of the pandemic, including border closures, restrictions imposed on business and the general economic downturn.
Despite the announcement of the end date for the COVID-19 Concession Period, concession provisions will remain in effect for applicants who applied for a visa during the concession period but have not yet received a visa decision.
Upcoming office closure
Fragomen’s Australia and New Zealand offices will be closed from 25 December 2023 to 5 January 2024 inclusive.
The Department of Home Affairs will also be closed on the scheduled public holiday dates of 25-26 December 2023 and 1 January 2024. Over this period and into January 2024, there is likely to be a reduced number of Departmental staff available to continue visa processing and as such processing times will be impacted.
We recommend that you plan ahead and work with your Fragomen immigration professional to submit visa applications well ahead of the closure period.
Next steps
Please also reach out to us if you require guidance on how the expanded TSS and ENS requirements will impact your existing sponsored employees and if you would like us to assess their eligibility.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
November 17, 2023: Review of Australia’s Visa Significant Cost Threshold (SCT)
Organisation / Department: Department of Home Affairs
Date of Submission: 17 November 2023
Summary:
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- General support for the Department’s proposal to review the SCT and to consider recommendations by expert health economists to increase and change how the SCT is calculated.
- Recommendation to abolish PIC 4005 to allow 4007 to be applied across all skilled visa categories, allowing applicants to access the waiver under PIC 4007.
- The statutory interpretation principle of “specific provisions prevail over general principles” should be applied to the definition of “dependent children” under regulation 1.03.
- The SCT should not be applied to dependent children in visa applications
- Expansion of the “hypothetical person” test to include more factors in assessing the SCT.
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November 10, 2023: High Court ruling on indefinite detention in Australia
In a landmark decision this week, the High Court of Australia has ruled against the concept of indefinite detention. The Australian Human Rights Commission reported that at the end of August 2023 there are 124 individuals that have remained in immigration detention for over five years. Those individuals are typically individuals who are stateless or owed protection by Australia and cannot be returned to their country of origin due to international law obligations.
In 2004, the validity of indefinite immigration detention was challenged in the High Court but was ultimately upheld as being constitutionally valid. The implication of the decision was that provided the Government intended to eventually remove a person from Australia, it could continue to detain individuals indefinitely, regardless of whether or when removal might be possible. Subsequent challenges to overturn the decision have since been unsuccessful.
This week’s legal challenge has resulted in the majority of judges of the High Court overruling the 2004 decision. The decision made by the High Court is that it would be unlawful and unconstitutional for the Government to continue to detain a person where there is no real prospect that they could be removed from Australia.
Fragomen will continue to monitor the Government’s response to this decision, and the impact this may have on the Department of Home Affairs’ future strategies to manage its compliance, enforcement and border security operations.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
November 8, 2023: Fragomen Australia Newsflash – Update to Labour Market Testing Policy
The Department of Home Affairs (DHA) is now applying stricter policy interpretation to the duration of advertised positions for Labour Market Testing (LMT) purposes under the Temporary Skill Shortage subclass 482 (TSS) and Skilled Employer Sponsored Regional (Provisional) subclass 494 visa (SESR) programs.
What are the LMT requirements?
Unless certain exemptions apply, employers are required to advertise nominated positions for at least four weeks on three recruitment platforms with national reach, including Workforce Australia, in the four months immediately prior to lodgement of a TSS or SESR nomination application.
How have the LMT requirements been met in practice?
Most employers have been in a position to provide evidence of three advertisements that have run for four consecutive weeks or longer for LMT purposes.
Historically, employers have also been able to successfully rely upon non-consecutive advertising run for a total period of four weeks within the last four months immediately prior to lodging a nomination application.
How will the new policy impact nomination applications?
The DHA has since advised that they will no longer accept evidence of non-consecutive advertising for LMT purposes, and have provided the following illustrative examples:
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- Overlapping advertisements: An advertisement is run on a recruitment platform from 2 May 2023 to 24 May 2023 (21 days). A duplicate advertisement is run on the same platform from 23 May to 14 June 2023 (21 days). This example would comply with LMT requirements as it is possible to ensure, through the use of overlapping advertisements, that applications or expressions of interest can be accepted for a continuing period of at least four weeks.
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- Back-to-back advertisements: An advertisement is run from 2 May 2023 to 24 May 2023 (21 days). A duplicate advertisement is run from 25 May 2023 to 5 June 2023 (12 days). This example would not comply with LMT requirements as it is not being carried out over a continuing period of time.
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Next steps
Fragomen will review the DHA’s new position of the LMT policy requirements and report on any further developments.
We encourage all employers to ensure that nominated positions are being advertised for at least four consecutive weeks to meet the DHA’s new position on LMT policy requirements.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
November 6, 2023: Further details on Temporary Skill Shortage and Employer Nomination Scheme reforms
As previously reported, the Department of Home Affairs (DHA) announced reforms to the Employer Nomination Scheme (ENS) to provide more certainty to employers and equitable access to permanent residency for all Temporary Skill shortage (TSS) visa holders.
The reforms are expected to commence from 25 November 2023, subject to the approval of new legislation.
The Department of Home Affairs has now provided additional details on the ENS reforms, and associated TSS program reforms which are summarised below.
Changes to the TSS visa program
The limit on the number of short-term TSS applications that visa holders can lodge whilst in Australia will be removed for all TSS applications lodged on or after 25 November 2023.
Visa holders wishing to lodge a third or further short-term stream TSS visa can do so from within Australia. However, Fragomen will monitor for any amendments made to migration policy, specifically in relation to the Genuine Temporary Entrant criteria which currently requires short-term TSS visa holders to demonstrate that they genuinely intend to stay in Australia temporarily for work purposes.
Short-term TSS visa holders with visas expiring before the changes are implemented will still need to lodge their third short-term TSS visa from outside of Australia.
Changes to nomination requirements for the Temporary Residence Transition stream of the ENS program
Eligible occupation streams: From 25 November 2023, employers will be able to nominate holders of all TSS visa streams, including the short-term and Labour Agreement streams, as long as the 457 or TSS visa holder has worked for their employer for 2 out of the last 3 years in their nominated occupation.
Nominated occupations: Nominated occupations will no longer be assessed against the skilled occupation list. Instead, the nominated occupation need only be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
Age exemptions: Regional medical practitioner and high income earning applicants aged 45 years and over will be able to access age exemption provisions after 2 years (down from 3 years).
Changes to the ENS Temporary Resident Transition (TRT) stream nomination requirements will apply to new ENS nomination applications, as well as those that are yet to be finalised as at 25 November 2023.
Next steps
Fragomen will be holding client webinars covering the changes and what is involved when nominating a person under the ENS visa program in the coming weeks.
Please also reach out to us if you require guidance on how the expanded TSS and ENS requirements will impact your existing sponsored employees.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
October 30, 2023: Implementation of employer-sponsored permanent residency reforms slated for 25 November 2023
The Department of Home Affairs has announced an implementation date for the proposed expansion to the employer-sponsored permanent residency program. The reforms are part of the Government’s long-term strategy to transform and strengthen the skilled migration program.
Further to Minister Clare O’Neil’s media address on 27 April 2023 regarding the Government’s strategy to reform the Australian skilled migration program, the Department of Home Affairs has committed to the expansion of eligibility criteria under the Employer Nomination Scheme (ENS) subclass 186 visa program.
The implementation date for the ENS reforms is expected to be 25 November 2023.
Pathway to permanent residency for short-term TSS visa holders
Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) visa holders will gain access to permanent residency under the Temporary Residence Transition (TRT) stream of the ENS visa program.
Eligible occupations will not be limited to the Medium and Long-term Strategic Skills list.
The following criteria will need to be met by visa applicants:
- continue to work in the nominated occupation specified on their TSS visa;
- demonstrate a period of employment for 2 years with the sponsoring employer (reduced from 3 years); and
- all other nomination and visa requirements under the TRT stream of the ENS visa program must also be met.
The Government’s new Migration Strategy
Fragomen expects the Government’s new Migration Strategy to be released in early December 2023.
The new Migration Strategy will outline Australia’s new temporary skilled migration system and define three clear pathways for temporary skilled workers:
- a fast, simple pathway for specialised, highly skilled and highly paid workers;
- a mainstream temporary skilled pathway to bring core skills, using an improved approach to determining skills needs, informed by advice from Jobs and Skills Australia (JSA);
- further consideration of a regulated pathway for workers with essential skills, such as in sectors in the care and support economy.
The Migration Strategy will also outline areas for further work on how permanent residents are selected under the General Skilled Migration program, including exploring reforms to the points test to better select for migrants who will best drive Australia’s long-term prosperity.
The Migration Strategy will also outline measures that will support international students to speed up their transition from study to skilled work.
Next steps
The ENS reforms will result in a significant increase to those visa holders eligible to apply for employer-sponsored permanent residence. Fragomen will be holding client webinars covering the changes and what is involved when nominating a person under the ENS visa program, so look out for invitations to these sessions in the coming weeks.
Please also reach out to us if you require guidance on how the expanded ENS requirements will impact your existing employees sponsored under the TSS visa program.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
October 16, 2023: Update to Health Requirements for Temporary Visa Applicants in Australia
In October 2022, the Department of Home Affairs implemented interim measures to exempt certain temporary visa applicants in Australia from having to complete health examinations. This post-COVID-19 pandemic initiative was introduced by the Department of Home Affairs to assist in clearing the backlog of visa applications.
When will the concession come to an end?
The health examination concession will come to an end on 31 October 2023.
From 1 November 2023, the Department of Home Affairs will revert to pre-pandemic health examination policy settings.
Any visa applicants lodging applications on or after 1 November 2023 may be required to complete health examinations depending on:
- the visa subclass being applied for;
- length of proposed stay in Australia;
- planned activities in Australia;
- the country the applicant is from; and
- any special circumstances and/or any significant medical conditions.
How will in-progress applications be impacted?
Applications lodged but undecided prior to 1 November 2023 will be afforded the health examination concession if it applies to their circumstances.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
September 22, 2023: Introduction of the Innovation and Early Careers Skills Exchange Pilot (IECSEP)
As part of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) the Innovation and Early Careers Skills Exchange Pilot (IECSEP) creates two new faster and cost-effective opportunities for UK citizens to work in Australia, and providing greater security for employers.
The pilot program will be open to applications from 25 September 2023, with limited places.
What is the IECSEP?
The IECSEP aims to build on the existing connections between Australia and the UK, by establishing two new streamlined mobility pathways for UK citizens, one for early career professionals and the other for demonstrated innovators:
- Early Careers Skills stream: allows UK citizens aged 21-45 to undertake a placement, secondment, or intra-corporate transfer in Australia for up to 1 year in a position relevant to their field of work in the sending organisation
- Innovation stream: allows UK citizens of any age to undertake employment for up to 3 years in Australia where they have demonstrated a contribution to innovation in specified priority areas, including:
- Research and Development
- Renewable Energy
- Artificial Intelligence
- Medical Technology
- FinTech
- AgriTech
- Audio-visual and Cultural industries
The IECSEP program will provide 1,000 places in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.
Participants will need to meet specific criteria. They will be unable to bring family members as part of the program, and will be required to remain with their employers whilst participating in the IECSEP.
What is the process?
Applications under the IECSP involve two stages.
Applicants under both streams must first apply to the Department of Foreign Affairs and Trade (DFAT) for endorsement before then applying for the visa. Applications to DFAT will be accessible on 25 September 2023, 9am (GMT).
As part of the DFAT application, the applicant will need to provide documentation to demonstrate they meet the eligibility criteria, which includes demonstrating relevant experience as well as offer of employment in Australia.
If the application for endorsement is successful, DFAT will issue a letter of support to accompany the visa application, which will be made under the Temporary Work (International Relations) Subclass 403 visa (Government Agreement Stream).
What are the advantages?
By accessing this program, individual UK nationals and their Australian employing organisations will have the benefit of a faster and more cost-effective process than other skilled visa options. In addition, the Early Career Skill Stream will allow access for individuals who may not be able to demonstrate the required work experience for sponsored skilled visas.
What is the processing time?
DFAT will undertake to process submitted applications as quickly as possible.
Processing time for the Subclass 403 visa application is as follows:
- 25% of applications within 2 days
- 50% of applications within 8 days
- 75% of applications within 17 days
- 90% of applications within 24 days
Next steps
If your business is considering to use the IECSEP for a UK passport holder, please contact the immigration professional with whom you work at Fragomen for guidance, or email [email protected].
August 31, 2023: Closure of Pandemic Event Subclass 408 visa
The Australian Government has announced the closure of the Temporary Activity Visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic Event) visa (Pandemic Event visa).
Why is the Pandemic Visa closing?
The Pandemic Event visa was introduced in 2020 to enable temporary migrants to remain in Australia during COVID-19 Pandemic border closures. As Australia’s borders have re-opened and temporary visa holder numbers have returned to pre-COVID levels, the Pandemic Event visa is no longer required.
Who will the changes impact?
From 2 September 2023, the Pandemic Event visa will only be available to existing Pandemic Event visa holders. This cohort will continue to be eligible for subsequent Pandemic Event visas up until the visa is fully closed on 1 February 2024.
All other visa holders will not be able to apply for the Pandemic Event visa from 2 September 2023.
Details of the staged closure plan
As part of the staged closure, the following will be implemented:
- Period of stay reduced to 6 months for all visa applications lodged on or after 2 September 2023;
- Visa application charge introduced for all applications lodged on or after 2 September 2023. The charge will be $405.00;
- At the time of lodgement of an application, an applicant must hold a Pandemic Event visa that expires in 28 days or less, rather than the previous 90 days;
- Period of stay in Australia will be up to 12 months (or 2 years for Temporary Graduate visa holders) for applications lodged before 2 September 2023;
- Complete closure to all new applications on 1 February 2024.
Next steps
If your business is considering the lodgement of a Pandemic Event visa or has any employees currently holding a Pandemic Event visa, please contact the immigration professional with whom you work at Fragomen for guidance, or email [email protected].
August 24, 2023: The Australian Government announces Migration Program planning levels for 2023-24.
The Australian Government has released planning levels for the 2023-24 permanent Migration program, bringing numbers back to pre-COVID pandemic levels.
The Government has designed the program, with a focus on addressing ongoing and emerging skills shortages, and attracting and retaining individuals with specialist skillsets.
Of the 190,000 available places for the 2023-24 financial year, the majority of places will be split between the following streams:
- Family stream 52,500 places (28 per cent of the program); and
- Skill stream: 137,000 places (72 per cent of the program).
Under the Skill stream, places for all visa categories have been decreased or maintained from 2022-23 levels, except for the employer-sponsored visa category which has seen a slight uplift.
Visa category – Skill stream |
2022-23 Planning levels |
2023-24 Planning levels |
Employer-Sponsored |
35,000 |
36,825 |
Skilled-Independent |
32,100 |
30,375 |
Regional |
34,000 |
32,300 |
State/Territory Nominated |
31,000 |
30,400 |
Business Innovation & Investment |
5,000 |
1,900 |
Global Talent (Independent) |
5,000 |
5,000 |
Distinguished Talent |
300 |
300 |
The Government continues to focus its efforts on managing the number of visa applications on-hand by increasing capacity and funding in its visa processing units. For 2023-24, the Government has also committed to investing $27.8 million over two years to upgrade visa ICT systems, with the view to improve service delivery efficiency.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
August 01, 2023 - Update on Labour Market Testing exemption for UK citizens and permanent residents
The Department of Home Affairs confirms that the Australia-United Kingdom Fair Trade Agreement provides a blanket Labour Market Testing exemption for employers of UK nationals and permanent residents.
As a result of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) coming into force on 31 May 2023, Australian employers sponsoring UK citizens or permanent residents under the Temporary Skills Shortage subclass 482 visa program will benefit from a Labour Market Testing (LMT) exemption.
After the A-UKFTA came into effect, there was some uncertainty as to application of the LMT provisions, with differing views held by a number of stakeholders across the country.
Fragomen held the view that the provisions had the same effect as a number of other Fair Trade Agreements (FTA) which had been interpreted as exempting nationals and permanent residents of the other Party to the FTA from LMT, and made submissions to advocate for this position.
The Department of Home Affairs has since confirmed that they agree with that interpretation, and that the LMT exemption applies to all UK nationals and permanent residents applying for a visa under the Temporary Skills Shortage subclass 482 visa program.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
July 25, 2023: TOEFL iBT no longer offering English language tests for Australian visa purposes
TOEFL iBT will no longer offer English language tests for Australian visa purposes until further notice.
Changes to English language test through TOEFL iBT
The Department of Home Affairs has announced that from 26 July 2023, the Test of English as a Foreign Language (TOEFL iBT) will no longer offer English language tests for Australian visa purposes until further notice.
The decision has been made in response to a Request for Expression of Interest process whereby the suitability of English tests managed by English language test providers are assessed.
Fragomen recommends that visa applicants, who have booked an English language test through TOEFL iBT, contact their immigration professional to discuss alternate options.
Limitations on the acceptance of certain English tests
Some English test providers offer alternative versions of their tests that can be taken at home or online.
The Department of Home Affairs has advised that it does not accept scores from these tests for Australian visa purposes.
Additionally, it should be noted that the International English Language Testing System’s (IELTS) One Skill Retake (OSR) option is not accepted for Temporary Skill Shortage (subclass 482), Skilled-Recognised Graduate (subclass 476) or Temporary Graduate (subclass 485) visa applications. For these visa subclasses, visa applicants must complete an approved English language test and achieve the required scores in a single sitting.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
June 26, 2023: Australian migration system reforms and COVID-19 visa concessions for 2023
The announcement that Australia is embarking on a once-in-a-generation reform to the country’s migration system has sparked significant interest and discussion within the migration industry and throughout corporate Australia and migrant communities.
Following the announcement by the Minister for Home Affairs, The Honourable Claire O’Neil MP in April 2023, the Government released its draft migration strategy and has committed to creating a more targeted and simpler migration system that serves migrants but also enhances Australia’s economic prosperity and security.
However, reforms of this scale will take time and prior to the rollout of major legislative changes, there will inevitably be a raft of additional announcements by Government, with the introduction of some interim measures to assist visa holders who may not yet have a pathway to a longer-term or permanent visa.
As these announcements and interim measures, coupled with COVID-19 pandemic concessions can be overwhelming and confusing we have set out a summary below.
Changes to come into effect in 2023
Change |
Additional commentary |
Labour Market Testing exemption for UK citizens and permanent residents |
From 31 May 2023, Australian sponsor employers of UK citizens and permanent residents applying for the Temporary Skill Shortage (TSS) subclass 482 visa will no longer be required to meet prescribed Labour Market Testing (LMT) requirements. |
The Temporary Skilled Migration Income Threshold will increase from $53,900 to $70,000 for employer-sponsored visa programs |
This change will not impact existing visa holders or nominations lodged before 1 July 2023. |
Increase to upper age limit from 30 to 35 for UK citizens under the Working Holiday Subclass 417 visa program |
From 1 July 2023, the upper age limit will increase to 35 years. UK passport holders can lodge an application for a Working Holiday visa until midnight (AEST) on the day before their 36th birthday. |
Direct pathway to Australian citizenship for New Zealand citizens |
From 1 July 2023, New Zealand citizens will no longer need to apply for and be granted a permanent visa before becoming eligible for Australian citizenship. |
Extension of visa duration for Temporary Graduate (Post-Study Work Stream) subclass 485 visa |
From 1 July 2023, the period of stay for the Temporary Graduate visa in the Post-Study Work stream for eligible graduates of listed qualifications will increase as follows:
The extension is in addition to the existing 1-2 years of work rights for eligible students who study, live and work in regional areas. |
Pathway to permanent residency for short-term TSS visa holders |
By the end of 2023, short-term TSS visa holders will gain access to permanent residency under the Employer Nomination Scheme subclass 186 visa (ENS) Temporary Residence Transition (TRT) stream. |
Visa application charges |
From 1 July 2023, the Visa Application Charges (VAC) for most visas will be increased in line with the 2023-24 forecast Consumer Price Index (CPI) of 3.25%. |
Superannuation Guarantee rate |
On 1 July 2023, the Superannuation Guarantee percentage rate will increase from 10.5% to 11% and thereafter will annually increase in increments of 0.5% for the next 2 financial years up to 12%. |
Medical examinations |
From 1 July 2023, urine tests will no longer form part of the medical examination. Instead, visa applicants will require a blood test to be taken. |
COVID-19 Concessions coming to an end
Concession |
What rules apply from 1 July 2023? |
Working Holiday Makers can work for any employer for the duration of their visa without making a written request up until 30 June 2023. |
The standard 6-month work limitation rule will apply to all Working Holiday Makers. However, Working Holiday Makers will be permitted to work for any employer for up to an additional 6 months, even if they worked for that same employer prior to 1 July 2023. |
Work hours limitation removed for Student Visa holders until 30 June 2023 |
The work hours limitation will be re-instated for Student Visa holders. However, the Government will increase the allowable work rights cap from 40 hours per fortnight to 48 hours per fortnight. An exception remains in place for students already working in the Aged Care sector on 9 May 2023. This cohort will continue to enjoy unrestricted work rights until 31 December 2023. |
Temporary Graduate subclass 485 (Graduate Work stream) visa holders not required to nominate an occupation on the Medium/Long-term Strategic Skills List (MLTSSL) and not required to obtain a positive skills assessment outcome. |
Temporary Graduate subclass 485 (Graduate Work stream) visa holders will be required to nominate an occupation on the MLTSSL and obtain a positive skills assessment outcome. |
Ability to apply for third Temporary Skill Shortage (TSS) subclass 482 visa under short-term stream while in Australia |
The ability to apply for a third TSS visa in the short-term stream while in Australia will come to an end on 30 June 2023. We are waiting on the Government to confirm whether this concession will be extended beyond 30 June 2023. Although the Government has confirmed that it will introduce interim measures to remove the limitation on the number of onshore TSS visas under the short-term stream that can be applied for, this provision has not yet been implemented through a change in legislation. |
For further information and advice on upcoming changes to the Australian migration system, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
May 09, 2023: Expanded pathway to employer-sponsored permanent residency and Temporary Skilled Migration Income Threshold arrangements
The Department of Home Affairs has provided further information on the two key changes to be implemented in 2023 as part of the Government’s long-term strategies to transform and strengthen the skilled migration program.
Further to Minister Clare O’Neil’s media address on 27 April 2023 regarding the Government’s strategy to reform the Australian skilled migration program, the Department of Home Affairs has provided further details on the following changes:
- Expanded employer-sponsored permanent residency pathway for short-term Temporary Skill Shortage (TSS) subclass 482 visa holders; and
- Increased Temporary Skilled Migration Income Threshold (TSMIT).
Pathway to permanent residency for short-term TSS visa holders
By the end of 2023, short-term TSS visa holders will gain access to permanent residency under the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa program.
Eligible occupations will not be limited to the Medium and Long-term Strategic Skills list.
The following criteria will need to be met by visa applicants:
- Continue to work in the nominated occupation specified on their TSS visa;
- Demonstrate a period of employment for 2 years with the sponsoring employer (reduced from 3 years); and
- All other nomination and visa requirements under the TRT stream of the ENS visa program must also be met.
As an interim measure, the Department of Home Affairs will remove limits on the number of short-term TSS visa applications that a visa holder can make in Australia. This measure will assist individuals that are currently onshore who would normally need to go offshore to make a further visa application.
Temporary Skilled Migration Income Threshold
From 1 July 2023, the Temporary Skilled Migration Income Threshold (TSMIT) will increase from $53,900 to $70,000.
New nomination applications from this date will need to meet the new TSMIT level or the annual market salary rate, whichever is higher.
The Department of Home Affairs has confirmed that the change will not affect existing visa holders and approved nominations lodged before 1 July 2023. Fragomen will monitor and advise of further announcements on the impact of these changes to nomination applications lodged but not finalised prior to 1 July 2023.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
April 28, 2023: Minister O’Neil announces a new migration system for Australia’s future
Minister O’Neil has announced a new migration system for Australia’s future by unveiling two key changes to be implemented in 2023 and further long-term strategies to transform and strengthen the skilled migration program. Minister O’Neil has announced a new migration system for Australia’s future by unveiling two key changes to be implemented in 2023 and further long-term strategies to transform and strengthen the skilled migration program.
In a media address on 27 April 2023, Minister for Home Affairs, The Hon Clare O’Neil, announced the Government’s strategy to reform the Australian skilled migration program.
The strategy is informed by the independent Review of the Migration System report led by Dr. Martin Parkinson and in which Fragomen’s submissions were considered and referenced.
The Government’s first action in response to the review will be to:
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- Increase the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 effective 1 July 2023; and
- Create of a pathway to permanent residency for Temporary Skill Shortage (TSS) short-term stream visa holders by the end of 2023.
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Broader reviews on the following areas will also be addressed by Government:
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- Creation of a three-tiered system for temporary skilled migration, catering for:
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- Specialised, highly skilled and high-income workers, including intra-corporate transferees;
- Mainstream skilled workers;
- Essential Skilled workers, including aged care workers;
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- Simplification of the visa system to reduce the number of visa categories;
- Radically changing the approach to how current labour market testing requirements and occupation lists are applied under temporary skilled visa program by adopting a data-driven approach managed by Jobs and Skills Australia to keep up with skill shortages;
- Recalibration of the points test for the general skilled migration program;
- Tightening up of the student visa program and creating access to longer-term residency options;
- Reform of the Global Talent visa program;
- Transfer of skills of secondary visa holders into the local labour market;
- Restructure of the Business Innovation and Investment visa program.
- Creation of a three-tiered system for temporary skilled migration, catering for:
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The Government will consult with State and Territory governments and key stakeholders on the proposed strategies and policy shifts with the view to releasing the final Migration Strategy in late 2023.
Fragomen welcomes the Government’s reform of the Australian skilled migration system and will continue to monitor the proposed changes and its impact on our clients.
If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
April 24, 2023: Direct pathway to Australian citizenship for New Zealand citizens
In recognition of the long-standing bi-lateral relationship between Australia and New Zealand, the Department of Home Affairs will be introducing a direct pathway to Australian citizenship for New Zealand citizens living in Australia.
As announced by the Australian Prime Minister, Minister for Home Affairs and Minister for Immigration, Citizenship and Multicultural Affairs on 22 April 2023, New Zealand citizens living in Australia will be eligible to apply directly for Australian citizenship.
When will the changes come into effect?
From 1 July 2023, New Zealand citizens will no longer need to apply for and be granted a permanent visa before becoming eligible for Australian citizenship.
Who will benefit from these changes?
These changes apply to New Zealand citizens holding a Special Category (subclass 444) visa (SCV) who arrived in Australia after 26 February 2001.
Protected SCV holders will continue to be eligible to apply directly for citizenship. Protected SCV holders include:
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- New Zealand citizens who were in Australia on 26 February 2001; or
- New Zealand citizens who were in Australia for at least 12 months in the two years immediately prior to 26 February 2001.
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Once in effect, the provisions will apply to New Zealand citizens in Australia and New Zealand citizens who are overseas, but held an SCV immediately before last departing Australia.
It is anticipated that more than 300,000 New Zealand citizens currently residing in Australia will benefit from these changes.
Eligibility requirements for direct pathway to citizenship
In order for an applicant to become eligible for Australian citizenship by conferral, they must demonstrate that they have been lawfully resident in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. There are also limitations on periods of absences from Australia.
New Zealand citizens who are long-term residents in Australia will be able to achieve the residence requirement based on their period of permanent residence being backdated.
From 1 July 2023:
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- All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes;
- New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022; and
- New Zealand citizens granted an initial SCV on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.
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The backdating of permanent residence for SCV holders will also benefit any children born in Australia on or after 1 July 2022 to an SCV holder. This cohort may automatically acquire Australian citizenship from birth. From 1 July 2023, children who meet these circumstances can apply for evidence of citizenship.
If you have any questions or you would like to connect with our Private Client Practice to assess your eligibility for Australian Citizenship, please send an email to[email protected].
Fragomen Webcast: Australia’s Migration System Reforms - Key Updates (Session 1)
April 27, 2023 | 4:00 PM — 4:30 PM AEST
Fragomen Webcast: Australia’s Migration System Reforms - Key Updates (Session 2)
April 28, 2023 | 7:00 AM — 7:30 AM AEST
Our Government Relations team works with government and parliamentary bodies to improve visa programs, clarify government policy, and strengthen our clients’ engagement with the Australian government. We advocate for clients by making representations to government on issues of importance to them.
Below is a summary of our recent submissions to Government in Australia:
Australia’s 2024-25 Permanent Migration Program
Organisation/Department: Department of Home Affairs
Date of Submission: 15 December 2023
Summary:
- Support for the Department of Home Affairs to maintain current levels of places in the Permanent Migration Program given ongoing demand for skilled workers in all sectors within Australia.
- General support of the new initiatives introduced through the Migration Strategy released on 11 December 2023, including the removal of the current Skilled Occupation List (SOL) and the introduction of the Essential Skills Pathway under the new Skills in Demand visa.
- Further recommendations by Fragomen to the Department of Home Affairs that would support their overall Migration Strategy.
- Support for additional concessions to be provided to visa applicants willing to live and work in regional areas.
Migration Amendment (Strengthening Employer Compliance) Bill 2023 [Provisions]
Organisation/Department: Joint Standing Committee on Migration
Date of Submission: 21 July 2023
Summary:
- General support for the amending provisions.
- Concern employers will be subject to further penalties by providing their information on the Department's website and not requiring the Department to remove the published information. Fragomen submitted that there should be a timeframe of no more than 28 days after the employer ceased to be "prohibited" to remove their information on the Department's website.
- Compliance notices should be the first action taken by the Department as a proportional response to the discovery of a breach.
- The amending legislation lack incentives for employees to report exploiting employers.
Migration, Pathway to National Building public hearing
Organisation/Department: Joint Standing Committee on Migration
Date of Submission: 09 July 2023
Summary:
- Question taken on notice during hearing of 16 May 2023.
- Response provided addressing recommended changes to Talent Beyond Boundaries (TBB) Refugee Labour Agreement program and post-arrival settlement services.
Migration, Pathway to Nation Building
Organisation/Department: Joint Standing Committee on Migration
Date of Submission: 17 February, 2023
Summary:
- Review of the Global Talent program criteria, to prevent delays in processing of Expressions of Interest. This will help to ensure that the subclass 858 visa remains a truly fast-tracked pathway to permanent residence, while ensuring the integrity of the program as a means of attracting exceptional talent to Australia.
- Broadening eligibility for skilled permanent residence programs, including to increase age limits, and to expand occupations eligible for the subclass 186 visa. Fragomen also recommends broadening the qualifying period for the subclass 186 Temporary Residence Transition.
- Expansion of the prescribed visas which permit migrants to undertake “offshore resource activities”.
- Consideration of a broader interpretation of the definition of “member of the family unit”.
Employment Taskforce, Treasury
Organisation/Department: Employment White Paper Consultation
Date of Submission: 30 November, 2022
Summary:
- Immediate and urgent review of the skilled occupation lists, to ensure that the occupation lists accurately reflect the current labour market, including real-time skill shortages and emerging occupations. Fragomen is also of the view that consideration should be given to limiting the focus on the various occupation lists within the skilled migration program.
- Review and update of Labour Market Testing criteria, to streamline the employer-sponsored program. Fragomen recommends a reduction in the period of mandatory advertising, an increase to period in which advertisements may be utilised for LMT purposes, the removal of Workforce Australia as a mandatory platform and the expansion of LMT concessions to nursing occupations.
- Introduction of a dedicated intra-corporate transfer (ICT) visa, in recognition of an increasingly globalised workforce, and the unique difference of intra-corporate transfers from other new entrants to the domestic labour market.
- Review of the existing regional skilled visa programs, including reintroduction of the subclass 187 Direct Entry visa, expansion of the occupations eligible for sponsorship of a subclass 494/191 visa, and a streamlining of criteria for the subclass 494 visa.
Inquiry into the Migration Amendment (Protecting Migrant Workers) Bill 2021
Organisation/Department: Legal and Constitutional Affairs Legislation Committee
Date of Submission: 28 January, 2022
Summary:
- Support for amendments to the Bill to protect migrant workers from exploitations
- Further clarity requirement in what may constitute as "an arrangement in relation to work" under s 245AAB to avoid inadvertently penalising employers who are seeking to vary an employment arrangement to ensure compliance with visa conditions and in circumstances where non-citizens may be reluctant to accept the arrangement
- Expand s 345AYJ(1)(b) to exclude other temporary or provisional visas which are not subject to any work conditions from the notification requirement, such as the Subclass 444 visa
- Specify that the timeframe for the Department to remove published details should be no more than 28 days
- Remove further administrative burdens on employer to undertake ongoing VEVO checks for sponsored employees where sponsors (by virtue of specific sponsorship obligations) already have measures in place to full identify and manage this cohort and compliance to work conditions
- Flexibility on restrictions on "required system users" relying on VEVO checks undertaken by third parties, such as lawyers or migrants conducted VEVO checks on behalf of former prohibited employers
Migration Agents Instruments Review
Organisation/Department: Customs, Community Safety and Multicultural Affairs
Date of Submission: 25 June, 2021
Summary:
- Support for reform and review of the migration agency industry, including English language requirements, mandatory supervision and provisional licence for new RMAs for a 24 month period
- Compensation Fund funded through a levy imposed at the time of initial or repeat registration of RMAS - the fund will be used to compensate clients who suffer from pecuniary loss due to a default by a RMA because of a dishonest act or omission
- Tiered registration system
Exposure Draft of Migration Amendments (Protecting Migrant Workers) Bill 2021
Organisation/Department: Department of Home Affairs
Date of Submission: 16 August, 2021
Summary:
- Support the proposals to increase protections for migrant workers
- Concerns for employers who may be penalised for inadvertently migrant workers contravening visa conditions, such as discovering a Student visa holder worker breaching their conditions
Inquiry into Australia's skilled migration program
Organisation/Department: Joint Standing Committee on Migration
Date of Submission: 31 March, 2021
Summary:
- Simplification of skilled streamed visas but not adversely affect the intended objectives of the program, including simplification of interactions with the Department to rely on data and information already held by the government
- Limitations of ANZSCO and skilled occupation lists, which fails to meet the needs of Australian industries and business
- Introduction of the intra-corporate transfer (ICT) visa
- Review of current LMT requirements, which is created unnecessary administrative burden on Australian businesses looking to sponsor skilled migrants
- Provide exemptions to payment of SAF by employers to certain entities and limited scenarios
- Reduce the obstacles for applicants to access permanent residency and simplify the skilled visa program
- Expand exemptions to age limits for permanent employer sponsor visas
Business Innovation and Investment Program Consultation
Organisation/Department: Skills and Innovation Policy Section, Migration Planning and Visa Policy Branch, Department of Home Affairs
Date of Submission: 14 February, 2020
Summary:
- Shorten the pathway to permanent residency by increasing the investment amounts
- Reduce the investment threshold for migrants proposing to reside in regional areas
- Continued support for the funding under BIIP Program reaches intended targets, with adjustments to be made to emerging companies
- Extending the special residence requirement for Citizenship application to holders of BIIP
- Simplifying the BIIP program by reducing the number of eligibility streams, lowing the threshold for the Entrepreneur stream to attract prospective talents and start-up enterprises, amendment to the SIV stream and review of the Venture Capital stream under the Subclass 132 visa
- Review of the points test
- Grandfathering of the current policy settings so that they continue to apply to current Subclass 188 visa holders
Working Holiday Maker Visa Review
Organisation/Department: Department of Agriculture and Water Resources
Date of Submission: 2 September, 2016
Summary:
- Allow 417 and 462 visa holders to be classed as residents for tax purposes (removing the so-called "Backpacker Tax")
- Remove the requirement for 417 visa holders to perform 3 months of specified work in a regional area in order to be eligible for a second 417 visa. Instead either place a condition on the 417/462 visa holders that restricts these visa holders to working for approved employers/sponsors for the life of the visa OR a condition on the second 417 visa which restricts the visa holder to working in regional Australia while holding their second 417 visa