Month: May 2023

Additional Australian Visa Options for Indian Citizens

Posted by Rebecca Berkovic on May 28, 2023

In the wake of approval of the Australia-India Economic Cooperation and Trade Agreement (ECTA) by the Australian and Indian Governments (which came into effect on March 30 2023), along with heralding in a new era of freer trade and closer cooperation between India and Australia, additional Australian visa pathways have been created for Indian citizens.

Over the next two years, the Australian Government under the ECTA will introduce the following additional Australian visa pathways to Indian citizens:

Post-study work rights; and
Work and Holiday Visa options.

Post-Study Work Rights Extended

Provisions attached to the ECTA are set to increase the amount of time Indian students can remain in Australia post qualification, with provisions likely to be introduced as follows:

Students graduating with a diploma or trade qualification may stay up to 18 months in Australia;
Students who complete a bachelor’s degree may remain and work in Australia for two years;
Students who graduate with first class honours in a bachelor’s degree in STEM or Information and Communications Technology (ICT) will be permitted to stay and work in Australia for up to three years;
Students who complete a master’s degree may remain and work in Australia for up to three years; and
Students who complete a doctoral degree may remain in Australia for up to four years.

Work and Holiday visas

As part of the terms of the ECTA, the Australian Government has pledged to implement a Work and Holiday visa arrangement for Indian citizens within two years of entry into force of the Agreement. Moreover, if India implements a similar youth mobility program in the future with any country, it will extend the opportunity to participate in such a program to Australian citizens.

The agreement opens up 1,000 Work and Holiday Visa places for Indian citizens.

In addition, the ECTA creates access for 1,800 qualified traditional chefs and yoga instructors to receive an Australian four-year work visa.

The agreement also supports a new Professional Services Working Group to streamline recognition of qualifications, licensing and registration procedures between the two countries.

For advice Australia visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

Changes to Student Visa Work Hours

Posted by Rebecca Berkovic on May 17, 2023

For any business employing Student visa holders, it is important to be aware of the number of hours of work allowed under this visa type to ensure employer compliance with immigration laws.

Until COVID-19 hit, Student visa holders were only entitled to work 40 hours per fortnight whilst their course was in session. During COVID-19, the Australian Government relaxed work restrictions for Student visa holders. In January 2022, work hour limitations were removed entirely to support economic recovery efforts in Australia.

The Australian Government has now announced that from 1 July 2023, work restrictions for Student visa holders will be re-introduced with a cap of 48 hours per fortnight. However, an exception to the 48-hour work limitation will apply to Student visa holders already working in the aged care sector on 8 May 2023. These Student visa holders will have unrestricted work hours.

For advice regarding employment of overseas workers in Australia, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

Australian Visas for Conferences

Posted by Rebecca Berkovic on May 17, 2023

It’s always a pleasure helping clients arrange visas for participants to attend conferences in Australia. It’s helpful to know that the following Australian visas are relevant in this situation:

A minority of passport-holders are eligible to apply for an Electronic Travel Authority (ETA) (subclass 601) to enter Australia for a conference, which the applicant needs to arrange themselves.
Various passport-holders can apply for an eVisitor- business stream (subclass 651) visa.
For all other passport-holders not on the list of eligible countries for an ETA or eVisitor visa, we assist in arranging a Visitor- business stream (subclass 600) visa.
For those who are receiving payment for presenting at a conference, they require a Temporary Work (Short Stay Specialist)(subclass 400) visa.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

Australian Permanent Residency Pathway Changes for Employer Sponsored Visas

Posted by Rebecca Berkovic on May 14, 2023

The Australian Department of Home Affairs (DHA) has announced that by the end of 2023, the following expansion of the permanent Employer Nomination Scheme (ENS)(subclass 186) visa program will be introduced:

All Temporary Skill Shortage (TSS)(subclass 482) visa holders will be eligible to apply for a permanent ENS subclass 186 visa through the Temporary Residence Transition stream. Presently only those with occupations on the ‘Medium to Long-Term Skilled Occupation List’ are eligible and this will enable TSS subclass 482 visa holders on the ‘Short-Term Occupation List’ to apply for Australian permanent residency.
Applicants for the Temporary Residence Transition stream of the TSS subclass 482 visa holders will still need to meet the ENS subclass 186 visa requirements, including age, English language and working in their nominated occupation. We are awaiting advice on whether exemptions will apply to age requirements which require visa applicants to be under the age of 45
TSS subclass 482 visa holders will be able to apply for Australian permanent residency through the ENS subclass 186 visa after two years of sponsorship, which is down from the current three year requirement.

For advice regarding employer sponsored Australia visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

What Businesses can Expect from the Redesign of Australia’s Migration System

Posted by Rebecca Berkovic on May 9, 2023

The Australian Minister for Home Affairs, the Hon Clare O’Neil, released a final report last week entitled ‘Review of the Migration System’ (the ‘Review’) which features 190 pages of analysis of the current operation of the Australian visa system. The Review provides recommendations and suggestions for migration reform and redesign, some of which will be introduced over the next several months.

What can Australian businesses employing overseas workers expect from the Review, redesign and anticipated reforms?

Here is a summary of the proposed reforms highlighted by the Minister for Home Affairs:

Proposed Reforms: Work Visas

Remove the requirement for labour market testing from Temporary Skill Shortage (TSS)(subclass 482) visas. The Review recognises that labour market testing is an ineffective tool for identifying true labour market need; and the cause of unnecessary delays in recruitment in genuine areas of skills shortage that have already been identified by Jobs and Skills Australia (JSA).
Increase the Temporary Skilled Migration Income Threshold (TSMIT), index it to the Wage Price Index, and consider the adoption of age adjusted thresholds.
Temporary Skilled Migration: Adopt risk-based regulation of temporary labour migration, with three tiers:

1. a ‘light touch’ high salary cohort;

2. a ‘mid-level cohort’ (above the TSMIT, below the high-salary threshold of cohort 1); and

3. subject to further consideration across government, a lower wage cohort in sectors experiencing persistent shortages and who are most at risk of exploitation and displacing Australian workers with similar skills.

Plan migration based on net overseas migration (which accounts for both permanent and temporary residents), rather than simply relying on permanent migration caps. The Review states that Australia does not want to become a nation of ‘permanently temporary’ residents and therefore proposes to enable temporary work visa holders with occupations on the short-term list to apply for permanent residency.
Allow temporary migrant workers to move from their current employment to find work with another employer within the same sector or job family. Migrants could have up to 6 months to find new employment as opposed to the current 60 days.
Require employer fees and charges to be paid monthly, rather than up-front, to facilitate mobility between employers and increase access for small business by reducing up-front costs.
The Review recognises that the Skilled Occupation Lists underpinning the Employer Sponsorship programs are outdated and lack a strong evidence base. The Review states that the occupation lists do not reflect current or anticipated skilled labour needs, including to support the transition to a net-zero economy or to build critical and sovereign capabilities.
Provide migrant workers with targeted training on workplace laws and conditions based on the Pacific Australia Labour Mobility (PALM) scheme model.
Improve post-arrival monitoring and compliance including through coordination with the tax system, using tax file numbers (TFN) and single-touch payroll.

Proposed Reforms: Global Talent & Skilled Visas

The Review proposes to consider changes to the existing Global Talent visa to improve clarity in the selection criteria and remove the need for a nomination. The review recognises that there is growing international competition for highly skilled migrants and Australia risks falling behind without more innovative and attractive visa products and service delivery in this space.
Recalibrate the points test for Skilled visas to select migrants with high human capital who will make the greatest long-term economic contribution.
A new permanent visa open to lower skilled workers, the Pacific Engagement Visa, will commence in July 2023 with 3,000 places available. Primarily intended to build Australia’s ties with our Pacific neighbours, entrants must meet English language and age requirements and have a job waiting on arrival in Australia.

Proposed Reforms: Business & Investment Visas

Reconsider the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.
The Review suggests consideration be given to whether the BIIP is retained as a substantial program. The Government notes that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP.
If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.

Proposed Reforms: Working Holiday Visas

Ensure the primary focus of the Working Holiday Maker program is cultural exchange and does not operate to tie migration outcomes to the performance of work.
Subject to Australia’s obligations under trade and other international agreements, consider limiting Working Holiday Maker (WHM) visas to one year.

Proposed Reforms: Student Visas

Review the Student visa working hours cap, including whether unpaid work-integrated-learning, internships and work experience are counted towards the cap.
Provide a Temporary Graduate visa which will be automatically granted upon study completion without the need to apply for certain Student visa holders.

Proposed Reforms: Regional Visas

The Review states that regional visa programs, and the migration system more broadly, have not been effective in encouraging migrants to settle in regional Australia.
Migration should be part of a holistic approach to addressing regional population and labour needs. Better planning, housing, infrastructure and service provision will make regions more attractive to both Australians and migrants.

Proposed Reforms: Internal Departmental Systems

Proposed improvement of Department of Home Affairs’ technology system: the Review states that current ICT systems lack flexibility and responsiveness, and new technology has not been adopted.
Improving visa processing times across the board will be given priority.

The Minister of Home Affairs has recognised that “There is growing international competition for highly skilled migrants and Australia will need to sharpen its approach to attract migrants able to meet our future needs.”

We will continue to update our clients as the above-mentioned reforms are introduced to the Australian migration system and as an overhaul of Australian visas is rolled out over the next several months.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

Increase of Minimum Salary Threshold for Australian subclasses 482 and 494 Temporary Work Visas

Posted by Rebecca Berkovic on May 3, 2023

Following the Review of the Migration System Commission Report, the Australian Government has announced that a substantial overhaul of the current visa system will be introduced over the next several months.

The first change to the Australian visa system will be to increase the current Temporary Skilled Migration Income Threshold (TSMIT) from the current AU$53,900 to AU$70,000 for the Temporary Skill Shortage (TSS)(subclass 482) visa and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas. The increase in the TSMIT will commence on 1 July 2023.

Therefore, employers looking to sponsor overseas workers from 1 July 2023 will need to offer an annual salary of at least AU$70,000 plus superannuation to prospective employees.

The stated reason by the Federal Government for the significant increase in the TSMIT is that the threshold of AU$53,900 was frozen since 2013 and AU$70,000 reflects the threshold had it been indexed over the past 10 years.

For advice regarding sponsorship of skilled overseas workers in Australia, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.