Category: 186 Permanent Employer Sponsored visas

Applying for Australian Permanent Residency from a Short-Term 482 Visa

Posted by Rebecca Berkovic on February 22, 2024

The Australian Government has introduced significant changes since the Australian Government released its new Migration Strategy on 11 December 2023 as part of its extensive Review of the Migration System. One significant change assisting our clients is that employees who were sponsored on Temporary Skill Shortage (TSS)(subclass 482) visas can now apply for Australian permanent residency through the Employer Nomination Scheme (ENS) (subclass 186) visa program even if the overseas worker’s occupation appears on the Short-Term Occupation List.

The time of grant for a TSS subclass 482 visa on the Short-Term Occupation List is two years. The Australian Government reduced the amount of time of holding a TSS subclass 482 visa to be eligible to apply for permanent residency via the ENS subclass 186 Temporary Residence Transition (TRT)stream to two years, down from the previous three years.

This discrepancy has left a challenge to Short-Term 482 visa holders.

The Department of Home Affairs (DHA) have agreed that on a case by case basis Short-Term 482 visa holders may be able to apply for the ENS subclass 186 visa TRT stream ‘a few days’ prior to meeting the two year requirement.

However, it may be risky to apply for an ENS subclass 186 visa only a few days before the Short-Term 482 visa expires for the following reasons:

The TRT stream requires the applicant to have worked in Australia for two years prior to lodging the ENS subclass 186 visa application. Therefore, this criteria might not be met if the applicant took a certain amount of leave or travelled during the two year period; and/or

The applicant may have commenced work with the employer weeks or months after the TSS subclass 482 visa was granted and in this situation the applicant would therefore not meet the two-year requirement.

Thus, in some situations before nominating employees for Australian permanent residency via the ENS subclass 186 visa program, companies may need to sponsor overseas workers transitioning from Short-Term 482 visas for an additional year.

For advice regarding Australian visas and sponsoring skilled overseas workers, 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.

australian-government-new-migration-strategy

New Migration Strategy Released by the Australian Government

Posted by Rebecca Berkovic on December 14, 2023

The Australian Government released its new Migration Strategy on 11 December 2023 as part of its extensive Review of the Migration System. The long-term migration strategy aims to increase the number of permanent skilled migrants with ‘in demand skills and occupations’ to Australia, decrease the number of temporary residents and crack down on non-genuine overseas student course providers and migrant worker exploitation.

The Australian visa reforms have already begun to be introduced.

The key actions set out by the Australian Government in the Migration Strategy include the following:

1. Targeting temporary skilled migration to address skills needs and promote worker mobility

A new Skills in Demand visa with three targeted pathways, and visa settings that encourage migrant worker mobility in the labour market. New commitments include:

A new Specialist Skills Pathway to make it easier for Australia to attract highly skilled workers, for example in the technology or green energy industries
A Core Skills Pathway to meet targeted workforce needs, with a simpler, regularly updated occupation list for the skills Australia needs
New visa settings that give migrant workers more mobility in the labour market to help tackle worker exploitation and drive productivity
Streamlined labour market testing and visa processing.

The current Temporary Skills Shortage Visa 482 will likely be replaced by a new 3-tiered system based on earnings (visas granted for up to 4 years):

Specialist Skills Visa Pathway: For highly skilled applicants earning a salary above $135,000. No occupational list is required for this pathway, and processing turnaround time is intended to be only 7 days. Capped at 3,000 places per year.
Core Skills Visa Pathway: This pathway will provide the majority of visas for the program, for applicants earning $70,000 – $135,000. Applicants are eligible based on a revised ‘skills in demand list’ developed by Jobs and Skills Australia, including trades workers.
Essential Skills Visa Pathway: A new pathway with union oversight is being planned for specific sectors, such as aged care and disability. The details including the minimum salary threshold of $70,000, are yet to be determined.

2. Reshaping permanent skilled migration to drive long-term prosperity

A commitment to explore 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’.

New commitments include:

Higher English language requirements for international students and graduates
More scrutiny of high-risk student visa applications and a $19m investment into the Home Affairs student visa integrity unit
Restrictions on onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
Strengthened and simplified Temporary Graduate visa settings
Measures to support international students and graduates to realise their potential.

4. Tackling worker exploitation and the misuse of the visa system

A comprehensive suite of legislation, powers, penalties and policies to combat worker exploitation and restore integrity to the migration system.

New commitments include:

A new public register of employer sponsors to improve integrity and support migrant worker mobility.

5. Planning migration to get the right skills in the right places

A longer-term, evidence-based approach to planning migration that closely collaborates with states and territories and ensures population planning is based on the best available population data and forecasts.

New commitments include:

A new approach to planning permanent migration over the long-term and greater state and territory collaboration on net overseas migration 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 first, and a commitment to evaluating regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to worker exploitation.

New commitments include:

A new direction to ensure regional visas receive the highest priority visa processing

7. Deepening Australia’s people-to-people ties in the Indo-Pacific

A new approach to developing people-to-people links with our region, including through a direct pathway to citizenship for New Zealanders and increased 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.

New commitments include:

The removal of 20+ unnecessary and duplicative visas to simplify the visa system.

We will continue to update you as the new Migration Strategy is implemented incrementally by the Australian Government.

Disclaimer:

Introduction of Employer Sponsored Permanent Residency Pathway for TSS subclass 482 Visa Holders on the Short Term Occupation List

Posted by Rebecca Berkovic on November 7, 2023

The Australian Federal Government has announced that on 25 November 2023 changes to the Employer Nomination Scheme (ENS)(subclass 186) visa program will be introduced, with the reforms having the effect of broadening the permanent residency program and enabling Temporary Skill Shortage (TSS)(subclass 482) visa holders to apply for employer sponsored permanent residency earlier. A pathway to permanent residency will be introduced to allow those with occupations on the Short Term Occupation List to be eligible to apply for an ENS subclass 186 visa.

What are the reforms being implemented on 25 November 2023?

The significant reforms intended to be implemented by the Australian Department of Home Affairs (DHA) include the following:

All Temporary Skill Shortage (TSS)(subclass 482) visa holders will be eligible to apply for permanent residency through the ENS (subclass 186) visa program- Temporary Residence Transition stream, provided they meet the requirements of this visa.
As with the current ENS subclass 186 visa requirements, TSS subclass 482 visa holders will need to continue to work in the occupation nominated as was allocated for their TSS subclass 482 visa.
TSS subclass 482 visa holders will be eligible to apply for employer sponsored permanent residency through the ENS subclass 186 visa program after two years. This has been reduced from the current three year requirement.
The current limit on TSS subclass 482 visa holders with occupations on the Short Term Occupation List that can be made onshore in Australia will be removed.

How will the reforms benefit employers?

For companies sponsoring skilled overseas workers through the TSS subclass 482 visa program, currently the process of selecting the ‘nominated occupation’ for a candidate can be difficult if the employer requires a long-term arrangement and the candidate’s occupation is on the Short-Term Occupation List.

The proposed 25 November 2023 reforms will open up a pathway for permanent residency through the ENS subclass 186 visa program to all TSS subclass 482 visa holders, including visa holders with an occupation on the Short Term Occupation List. This will enable employers to have the option of retaining their skilled overseas staff on a long-term basis, regardless of their occupation.

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

Disclaimer:

Understanding the Difference between the Temporary Residence Transition and Direct Entry Streams of the Employer Nomination Scheme (Subclass 186) Visa Program

Posted by Rebecca Berkovic on October 2, 2023

For Australian companies seeking to sponsor overseas workers under the Employer Nomination Scheme (ENS) (subclass 186 visa) program, it is important to understand the two available streams: Temporary Residence Transition and Direct Entry. This article aims to provide clarity on the differences between these streams, allowing companies to make informed decisions when nominating candidates for permanent residency.

Temporary Transition Stream:

The Temporary Transition (TRT) stream is designed for temporary visa holders who have already been working in Australia with their sponsoring employer.

To be eligible for this stream, workers must have held either a subclass 457 or Temporary Skill Shortage (TSS) (subclass 482) visa for a minimum of three years. This stream provides a direct pathway for temporary visa holders to transition to permanent residency.

Direct Entry Stream:

The Direct Entry stream caters to candidates who have not held a subclass 457 or TSS visa or have held it for a shorter duration.

Eligible applicants for this stream generally include those who have never worked in Australia before or have worked in the country for less than three years. Under the Direct Entry stream, there is no requirement for a minimum duration of employment with the sponsoring employer. However, applicants are required to have a minimum three years’ employment experience in their nominated occupation.

Key Differences in Eligibility Criteria:

In the TRT stream, visa applicants must meet certain criteria, including:

Having worked for their sponsoring employer for at least three years in the previous four.
Usually, applicants must be under 45 years of age at the time of application. Applicants are exempt from this criterion if any of the following applies:
- The applicants is nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
- The applicant is nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
- The applicant is a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or 482 visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia
- As a subclass 457 or 482 visa holder, the applicant been working in the nominated occupation for the nominating employer for at least the last 3 years, and their earnings were at least as much as the Fair Work High Income Threshold for each year of that period,
- Transitional arrangements: If the applicant held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, the applicant can still apply for this visa under 50 at the time of application.
Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
Meeting health and character criteria.

In the Direct Entry stream visa applicants must meet the following criteria:

Obtain a positive Skill Assessment from the relevant skills assessment authority.
Usually, the applicant must be under 45 years of age at the time of application, applicants are exempt from this criteria if any of the following applies:
- The applicant is nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
- The applicant is nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
- The applicant currently holds a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and has worked for the employer, in the nominated position, for at least 2 years in the last 3 years immediately before applying. The 2 years excludes periods of unpaid leave.
Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
Meeting health and character criteria.

Timeframe:

The TRT stream generally offers a faster route to Australian permanent residency for eligible temporary visa holders. The process is usually quicker because candidates already have Australian work experience and a history with their employer. However, it is important to note that timelines can vary depending on individual circumstances.

Conversely, the Direct Entry Stream involves a more comprehensive application process and may take longer to complete. Candidates in this stream typically need to undergo a rigorous skills assessment, which adds to the overall processing time.

Employer Nomination:

The employer nomination process is similar for both streams, involving the submission of relevant documentation, such as employment contracts and financial records, to support the nomination.

Employers must demonstrate a genuine need for the nominated position and their commitment to employing the candidate on a full-time basis.

Conclusion:

Understanding the differences between the TRT and Direct Entry streams of the Employer Nomination Scheme subclass 186 visa program is crucial for Australian companies sponsoring overseas workers for Australian permanent residency. By assessing individual circumstances and meeting the eligibility criteria for each stream, companies can make informed decisions while nominating candidates for Australian permanent residency.

It is recommended to seek advice from immigration law professionals to ensure compliance with all visa requirements and optimize the chances of a successful nomination and visa application.

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

Disclaimer:

Increase in the Australian Fair Work High Income Threshold

Posted by Rebecca Berkovic on July 31, 2023

On 1 July 2023, the Australian Fair Work High Income Threshold (FWHIT) increased from $162,000 to $167,500.

Why is this relevant to Australian visa applications?

For applicants holding a Temporary Skill Shortage (TSS)(subclass 482) visa who are over the age of 45, whilst they are generally not entitled to apply for Australian permanent residency through the Employer Nomination Scheme (ENS) (subclass 186) visa, an exemption applies to subclass 482 visa holders earning over the FWHIT for a minimum of three years.

For employers, wishing to nominate workers for Australian permanent residency, please feel free to contact Hartman Immigration at info@hartmanimmigration.com.au.

Disclaimer:

Eight Major Australian Visa Changes Occurring in July 2023

Posted by Rebecca Berkovic on July 7, 2023

On 1 July 2023, the Australian Government introduced a series of changes to the Australian visa system. The changes will affect Australian visas in the following ways:

Change 1- Increase in Temporary Work Visas Salary Threshold

The Temporary Skilled Migration Income Threshold for the Temporary Skill Shortage (TSS)(subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas has increased from AU$53,900 to AU$70,000 for nominations lodged from 1 July 2023.

Change 2- Work Restrictions for Student Visa Holders

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.

Change 3- Temporary Graduate (subclass 485) Visas Changes

International students in Australia who have completed their degree in Australia in the field of health, teaching, engineering or agriculture may access extended subclass 485 visas from 1 July 2023. Acceptable qualifications must be on the prescribed list.

Visa periods will be increased to:

4 years for select Bachelor Degrees
5 years for select Masters degrees
6 years for all Doctoral degrees

First time applicants will be granted a visa with an additional period of two years added to the standard visa period.

Change 4- Work and Holiday Makers

As of 1 July 2023, Papua New Guinea became the newest participant in the Working Holiday Maker (WHM) Program, enabling up to 100 citizens of PNG to journey to Australia using the Work and Holiday (subclass 462) visa. Individuals who have completed a minimum of two years of post-secondary study in Papua New Guinea can now apply for the Work and Holiday visa.

For citizens from the United Kingdom, the age limit for the Working Holiday (subclass 417) visa has been extended from 30 to 35 years old.

In the context of the WHM Program, as of 1 July 2023, Condition 8547 has also been reintroduced for participants of the program. This condition applies to individuals holding either subclass 417 or subclass 462 visas and restricts visa holders from working with a single employer for more than six months. Relevantly, this change does not apply retrospectively, and any work carried out by a WHM prior to July will not be counted towards their six-month limit with the same employer.

Change 5- India-Australia Agreement

The Economic Co-operation and Trade Agreement between India and Australia commenced on 1 July 2023 with the following benefits:

Indian citizens are now eligible to apply for Work and Holiday visas.
Increased Post Study Work visa periods have been introduced for Indian citizens. Indian students graduating in Australia will be eligible for post study work visas as follows:
- upon completion of diploma or trade qualifications- stays of up to 18 months
- upon completion of bachelor degree (including honours)- stays of up to 2 years
- upon completion of masters by research and masters by coursework- stays of up to 3 years
- upon completion of doctoral degrees- stays of up to 4 years.
- Additional year of stay for high-performing STEM bachelor degree graduates (extended from 2 years to 3 years)

Change 6- Increased Immigration Target

On 1 July 2023 the Australian Government increased its intake of permanent migrants to 195,000 for this financial year, up by 35,000, in a bid to help businesses and industries battling widespread staff shortages and reduce reliance on short-term workers.

Change 7- Australian Citizenship for New Zealand Nationals

From 1 July 2023, New Zealand citizens who have been living in Australia for more than four years and arrived in Australia after 26 February 2011 will be eligible to apply directly for Australian citizenship without having to apply for a permanent visa. These changes apply only to New Zealand citizens holding a Special Category (subclass 444) visa (SCV). Protected SCV holders will continue to be eligible to apply directly for Australian citizenship.

From 1 July 2023:

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
New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia. It will also apply to New Zealand citizens who are overseas but held an SCV immediately before last leaving Australia.

These provisions will apply to citizenship applications submitted after 1 July 2023.

Change 8- Increase in Governmental Visa Application Fees

From 1 July 2023, Australian Department of Home Affairs (DHA) governmental fees increased with visa application charges increasing from between 6 and 40 per cent across various visa categories. Some of the new governmental visa application charges include:

Visa Type	Subclass	Before	From 1st July 2023
Partner visa (Onshore / Offshore)	820/801 & 309/100	$8,085	$8,850
Skilled visas	189 / 190 / 491	$4,240	$4,640
Graduate	485	$1,730	$1,895
Student	500	$650	$710
Visitor (Onshore)	600	$380	$475
Visitor (Offshore)	600	$150	$190
Working Holiday Maker	417 / 462	$510	$635
Temporary Skill Shortage (Short Term)	482	$1,330	$1,455
Temporary Skill Shortage (Long Term)	482	$2,770	$3,035
Employer Nomination Scheme (ENS)	186	$4,240	$4,640
Significant Investor stream	188	$9,195	$13,860
Significant Entrepreneur stream	188	$4,240	$6,395
All other applicants	188	$6,270	$9,450

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

Disclaimer:

Changes to the Temporary Skill Shortage (subclass 482) Australian Work Visa

Posted by Rebecca Berkovic on June 13, 2023

The Australian Minister for Immigration, Citizenship and Multicultural Affairs, The Hon Andrew Giles MP, announced that in the coming weeks the Australian Federal Government will be introducing the following changes to Australian Temporary Skill Shortage (TSS)(subclass 482) visa program:

Additional Time to Transfer Employers for 482 Visa Holders:

The amount of time TSS subclass 482 visa holders will be given to transfer employers will increase from the current 60 days to a full 6 months to find a new sponsor. In addition, the Minister announced that subclass 482 visa holders will have full work rights whilst they are searching for a new sponsor.

Reduction in time for subclass 482 visa holders to apply for permanent residency:

The time required to qualify for the Temporary Residence Transition stream of the permanent Employer Nomination Scheme (ENS)(subclass 186) visa will be reduced from the current three years to two years. This will enable temporary subclass 482 visa holders to apply for Australian permanent residency a year earlier than they can at present.

All temporary subclass 482 visa holders will have a pathway to Australia permanent residency (with age and English language restrictions still applying):

In the coming weeks, the Minister has announced that rather than the current process in which only those with occupations on the Medium to Long Term Skilled Occupation List have a pathway to Australian permanent residency via the ENS subclass 186 visa program, and those with occupations on the Short Term Skilled Occupation List are precluded from doing so, every person who holds a subclass 482 visa will have a pathway to permanent residency. However, applicants will still be required to meet age, health, character and English language requirements.

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.

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.