Category: Student visas

Ensuring Immigration Compliance when Hiring Overseas Workers

Posted by Rebecca Berkovic on August 9, 2023

In order to retain and attract the workforce that best assists your business to grow and develop, it is important to have the option to sponsor and hire overseas employees to work in Australia. In doing so, in order to protect the business and care for employees, it is crucial that organisations are aware of the changing Australian visa landscape and visa conditions of employees.

During the COVID-19 period, as the Australian Government focused on economic relief for Australian businesses, employers were given increased flexibility to hire overseas workers, including unlimited work hours for Student visa holders and entitlement of Working Holiday makers to have increased time with one employer.

It is important for Australian businesses hiring overseas workers to be aware that the Federal Government is now rolling back the flexible visa arrangements introduced during the pandemic. Changes to the temporary flexible measures include the following:

Student (subclass 500) visa holders have returned to being given a work limitation of 48 hours per fortnight whilst their course is in session, unless continuing to work in aged care where full-time hours are permitted until 31 December 2023.
Working Holiday makers have returned to generally being limited to working a maximum of 6 months with any particular employer, unless a limited exception applies.
Employers and labour hire companies will now be held liable for any facilitated breaches of the above and other visa conditions.

On 31 July 2023, the Australian Federal Government passed the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (the Bill) which amends the Migration Act 1958 with the purpose of strengthening employer compliance measures and protecting temporary migrant workers from exploitation.

Main components of the Bill:

Creating a criminal offence where a person coerces, or exerts undue influence or undue pressure on a non-citizen to accept or agree to a work arrangement that would involve a breach of a work-related condition.
Creating a criminal offence where a person coerces, or exerts undue influence or pressure on a non-citizen to accept a work arrangement to avoid an adverse immigration status, or that would result in the non-citizen being unable to satisfy a work-related visa requirement.
Establishing a framework where the Minister can declare certain employers to be ‘prohibited employers’ for a specified period of time. Rather than just barring or cancelling the employer’s business sponsorship license, the prohibition applies to the employment of any temporary visa holder.
Mandating the use of the VEVO system for employers to determine whether a non-citizen is lawful and has the necessary permission to work.
Increasing civil and monetary penalties for individuals and business sponsors.

How can employers ensure compliance?

In order for businesses to ensure that they are protected from breaches of the Migration Amendment (Strengthening Employer Compliance) Bill 2023, steps that employers can take include:

Ensuring that the visa status of each overseas worker is known and recorded by the business.
Conducting a VEVO check for all overseas workers.
Ensuring that systems are in place so that the business is updated with any visa changes for overseas workers employed by the business.

For advice regarding immigration compliance and employing 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.

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:

Changes to Health Requirements for Certain Visas

Posted by Rebecca Berkovic on November 27, 2017

On 18 November 2017 new visa condition 8602 was introduced as well as changes to the health insurance requirements for subclass 457 visas, as explained below.

New Condition 8602

New Condition 8602 has been introduced which requires the visa holder not to have any outstanding public health debts while in Australia. Public health debts are those reported the Department of Immigration and Border Protection by any Commonwealth, State or Territory health authority but do not include health costs which are covered by health insurance or Medicare, or are for treatment for certain community health risks (eg tuberculosis).

Breach of condition 8602 may result in visa cancellation. Accordingly, visa holders who accrue a public health debt should arrange to repay any this debt with the relevant provider as soon as possible to avoid their visa being cancelled.

Visa Condition 8602 will be discretionary for some visas and mandatory for several visas including (but not limited to):

Subclass 188 (Business Innovation and Investment)
Subclass 400 (Temporary Work (Short Stay Specialist))
Subclass 407 (Training)
Subclass 408 (Temporary Activity) (certain streams only)
Subclass 417 (Working Holiday)
Subclass 457 (Temporary Work (Skilled))
Subclass 461 (New Zealand Citizen Family)
Subclass 462 (Work and Holiday)
Subclass 476 (Skilled – Recognised Graduate)
Subclass 485 (Temporary Graduate)
Subclass 489 (Skilled – Regional)
Subclass 500 (Student)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 651 (eVisitor)
Subclass 676 (Tourist)

Health Insurance Requirements for Subclass 457 visas

Subclass 457 visa applicants no longer need to provide evidence, or a letter from their insurer confirming their health insurance arrangements when applying for a visa – they simply need to indicate they have made adequate arrangements on the online form.

However Condition 8501, “maintain health insurance” itself has not been changed – that is, 457 visa holders must still maintain adequate health insurance while in Australia.

Need Assistance?

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your circumstances.

Disclaimer:

Election Focus by the Australian Federal Government Means Immigration Changes Take a Back Seat

Posted by Rebecca Berkovic on July 3, 2016

On 1 July each year, the Australian Federal Government ushers in a host of changes to the Australian immigration program. This year however, we have witnessed minimal changes in this arena given that the Coalition Government has been focusing its energy on re-election and political campaigning.

New 12-Month Work Visa on Hold

In March this year the Government proposed a new 12-Month Work visa called the Short-Term Mobility visa. This visa was part of the Australian Government’s initiative to simplify work visas and enable Australian businesses more flexibility in terms of attracting skilled migrant workers for short-term periods of employment.

However, it seems with the Government focus being squarely on the election campaign, dealing with election results and a potentially hung-parliament, further discussion regarding the new Work visa has unfortunately faded into the background.

It seems that businesses looking to sponsor workers for a 12-month or longer period will need to continue to do so through the Temporary Work (Skilled) (subclass 457) visa route. For short-term business stays, either the Temporary Work (Short Stay Activity) (subclass 400) or the Visitor (Business Stream) (subclass 600) visa may be appropriate, depending on the purpose of travel.

So Far, No Increase in the subclass 457 Visa Salary Threshold

There was discussion by the Federal Government about increasing the current Temporary Skilled Migration Income Threshold (TSMIT). In order for an overseas employee to qualify for a subclass 457 visa, it is necessary for the base salary to be above the TSMIT, which currently stands at $53,900.

Business groups were concerned that an increase in the already high TSMIT would prevent Australian businesses from sponsoring overseas employees where required, especially in certain industries and regional areas where salaries across the board may be lower.

On 1 July 2016, it seems that the TSMIT will remain at $53,900 for the time being. Amendments to this figure will depend on the constitution of the Australian Federal Parliament which at this stage remains unclear.

Overhaul of the Student Visa Program

One significant change to the Australian immigration program which came into effect on 1 July 2016 is the new framework for Australian Student visas for international students. Introduction of this new system is intended to simplify the application process for students to obtain Australian visas in order to study in Australia.

From 1 July 2016, the only categories of Australian Student visas will consist of the following:

The subclass 500 (Student ) visa; and
The subclass 590 (Student Guardian) visa.

The new subclass 500 visa is intended to replace the current Higher Education Sector (subclass 573) visa, Postgraduate Research Sector (subclass 574) visa, Non Award Sector (subclass 575) visa, Independent ELICOS Sector (subclass 570) visa, School Sector (subclass 571) visa and the Vocational Education and Training Sector visa (subclass 572) visa. The new subclass 590 visa will replace the current Student Guardian (subclass 580) visa.

For a more detailed description regarding Australian Student visa changes, our article is available here.

An Underwhelming 1 July 2016

As Australia faces election uncertainty with the possibility of a hung Parliament, Australians are eagerly awaiting results for the final vote counts. In the midst of the political turmoil in Federal Parliament, immigration law and policy amendments are understandably remaining minimal.

We will keep our clients, colleagues and contacts updated with Australian immigration law changes. However, at the present time, aside from Student visas, the status quo generally remains unchanged.

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

Disclaimer:

The New Landscape for Australian Student Visas from 1 July 2016

Posted by Rebecca Berkovic on April 17, 2016

The Australian Government has announced that a new framework will be introduced in relation to Australian Student visas for international students. Introduction of the new system is supposed to simplify the application process for students to obtain Australian visas in order to study in Australia.

The New Student Visa Subclasses

From 1 July 2016, the only categories of Australian Student visas will consist of the following:

The subclass 500 (Student ) visa; and
The subclass 590 (Student Guardian) visa.

The new subclass 500 visa will replace the current Higher Education Sector (subclass 573) visa, Postgraduate Research Sector (subclass 574) visa, Non Award Sector (subclass 575) visa, Independent ELICOS Sector (subclass 570) visa, School Sector (subclass 571) visa and the Vocational Education and Training Sector visa (subclass 572) visa. The new subclass 590 visa will replace the current Student Guardian (subclass 580) visa.

Streamlining Australian Student Visas

The range of requirements in relation to the Subclass 500 visa is intended to be streamlined for international students. Requirements will address issues of:

Valid enrolment: In applying for a Student visa, the applicant must have certification of enrolment ie confirmation by the registered education provider that the student is enrolled in a registered course;
Financial situation: A student must have ‘genuine access to funds’ ie they must be able to cover the costs of their stay in Australia and tuition fees;
English proficiency: An applicant applying for a Student visa must show evidence of a level of English language proficiency required for their course; and
Genuineness of the application: The Department of Immigration and Border Protection (DIBP) will take into consideration the student’s circumstances in their home country and their immigration history.

The New Student Guardian Visa

The new subclass 590 (Student Guardian) visa will enable a relative of an international student to accompany the visa holder to Australia.

General requirements for the Student Guardian include that:

The visa applicant must have a genuine intention to provide appropriate support, accommodation and welfare for the international student;
The visa applicant must have access to adequate funds during the period of stay in Australia; and
The visa applicant must have a genuine intention to act as the student’s guardian in Australia.

Student Guardian visas will generally be available to the visa applicant where the student in question is under the age of 18. However, a Student Guardian visa may be approved where the student is over the age of 18 but exceptional circumstances apply.

Application for the New Student Visas

The subclass 500 (Student) visa and the subclass 590 (Student Guardian) visa can be applied for onshore in Australia or offshore.

Applications under the new Student visa regime will begin from 1 July 2016.

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