Category: Temporary Activity visas

Introducing the MATES Australian Visa Program for Indian Professionals

Posted by Rebecca Berkovic on March 12, 2024

The Australian Government announced that in mid-2024 Australia will begin accepting visa applications from Indian graduates and early stage professionals as part of the new Mobility Arrangement for Talented Early Professionals Scheme (MATES). This new visa scheme is aimed at addressing skills shortages in Australia in selected industries through inviting early career Indian professionals to live and work in Australia as holders of this visa.

The MATES visa program forms part of the groundbreaking Migration and Mobility Partnership Arrangement (MMPA) between India and Australia which was signed by both governments in 2023. The MMPA reflects the deepening bilateral relationship and aim to foster increased economic collaboration and talent exchange between the two countries.

The MATES visa scheme will entitle eligible Indian nationals to a multiple entry Australian work visa for a period of up to two years and there will be no requirement for sponsorship by an Australian employer.

MATES Visa Requirements

The MATES program will provide opportunities for Indian nationals to live and work in Australia who meet the following criteria:

Aged 30 or younger (inclusive) at the time of application
Proficient in English
Within two years of graduating from an eligible educational institution
Qualified in:
- Renewable energy
- Mining
- Engineering
- ICT
- Artificial Intelligence
- Financial technology, or
- Agricultural technology.

Importantly, sponsorship will not be required for visa applicants under the MATES program.

Available Places

The Australian Government is set to introduce the MATES program in mid-2024 with initially opening 3,000 places to eligible Indian nationals.

This will be part of a pilot program which will be monitored by the Australian Government and if successful, additional places will be provided to eligible applicants.

Addressing the Skills Gap for Australian Employers

The MATES program is intended to enable global mobility for skilled Indian nationals which will be mutually beneficial to the visa holders and to Australian businesses who will benefit from the entrance into the Australian workforce of skilled employees where there are gaps in the labour market, including in the areas of renewable energy, mining, engineering, ICT, artificial intelligence, financial technology and agricultural technology.

The MATES program will facilitate global mobility for skilled Indian nationals and enable Australian employers to access skilled workers in fields where there are labour shortages.

For advice regarding Australian work visas and applying for an Australian visa through the MATES visa scheme, please do not hesitate to contact us at info@hartmanimmigration.com.au.

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:

Closure of the Australian COVID Visa

Posted by Rebecca Berkovic on September 3, 2023

During the pandemic the Australian Government introduced the Temporary Activity Visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic Event) visa (Pandemic Event visa). This visa was introduced in order to fill labour shortages in the Australian market given the lack of temporary workers able to enter Australia due to the closure of Australia’s borders.

This visa stream enabled applicants who were already onshore in Australia and employed by an Australian business to continue working in Australia for up to 12 months.

Now that Australia’s borders have reopened and the number of temporary visa holder numbers have increased, the Australian Government has decided to close the Pandemic Event ‘COVID visa.’

From 2 September 2023, the Pandemic Event visa will be closed to new applicants. Applicants already holding a Pandemic Event visa will be eligible for a subsequent Pandemic Event visa until the visa program completely closes to new applications on 1 February 2024.

For advice and assistance regarding employing overseas workers or applying for an Australian work visa, please feel free to contact us at info@hartmanimmigration.com.au.

Disclaimer:

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:

1 July 2023 Australian Visa Application Governmental Fee Increases

Posted by Rebecca Berkovic on June 23, 2023

The Australian Government has announced that visa application charges will increase from 1 July 2023.

The Migration Amendment (Visa Application Charges) Regulations 2023 – F2023L00831 legislative instrument introduced by the Australian Government sets out the 1 July 2023 governmental fee increases which are stated to be as follows:

From 1 July 2023 visa application fees will increase by the 2023-24 forecast CPI of 3.25%.
Visitor, working holiday, work and holiday, training, temporary activity, and temporary work (short stay specialist) visas will increase by a further 21% in addition to CPI.
Business innovation and investment visas will increase by a further 46% in addition to CPI.
The remaining visa application fees will increase by 6% in addition to CPI.
There is no increase apart from the CPI increase of 3.25% for Subclass 403 (Temporary Work (International Relations)) visas in the Pacific Australia Labour Mobility (PALM) stream
The new visa application fee amounts will be rounded to the nearest $5.

For advice regarding Australian visas, 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:

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:

Eligibility for an Australian Temporary Work (International Relations) Visa

Posted by Rebecca Berkovic on March 8, 2017

When applying for a visa to enter Australia, it is essential to select the correct visa subclass. Applying for a visa which is not a “good fit” for the applicant’s circumstances may lead to delays in processing, the visa being refused and missing out on travelling to Australia on the date intended. For people travelling to Australia on a temporary basis, the relatively new Temporary Work (International Relations)(subclass 403) visa may be the most appropriate.

The Australian Temporary Work (International Relations)(subclass 403) visa was introduced at the end of last year to enable people from around the world to enter Australia via one of the following streams:

In relation to a bilateral agreement (Government Agreement stream);
To represent a foreign government or to teach a foreign language in an Australian school (Foreign Government Agency stream);
To do domestic work for a diplomat (Domestic Worker stream);
As a person with statutory privileges and immunities (Privileges and Immunities stream); and
To participate in the program of seasonal work (Seasonal Worker Program stream).

Duration of Visa

The length of time that visa holders can remain in Australia as the holder of a Temporary Work (International Relations)(subclass 403) visa depends on the applicable stream. The following visa durations apply:

Government Agreement stream: The visa is valid for a maximum of two years, or a shorter period approved by the relevant Foreign Ministry or government agency or the Australian signatory to the bilateral agreement.
Foreign Government Agency stream: The visa is valid for a maximum of four years, or a shorter period approved by the relevant Foreign Ministry or government agency.
Privileges and Immunities stream: The visa is valid for the period of the visa holder’s status as an international representative with privileges and immunities.
Domestic Worker stream: The visa is valid for the duration of the employer’s posting to Australia.
Seasonal Worker Program stream: Visa will be valid until a specified date, usually it will be the length of employment in Australia, and any additional time for to travel to and from the place of employment.

For more information on applying for a Temporary Work (International Relations)(subclass 403) visa, please feel free to contact the author by email at rebecca@hartmanlawyers.com.au or by telephone on +61 3 9021 0986 or +61 (0)423 701 747.

Disclaimer:

Australian Visas for the 2018 Gold Coast Commonwealth Games

Posted by Rebecca Berkovic on December 7, 2016

In preparation for one of the world’s largest sporting events, the Australian Department of Immigration and Border Protection (DIBP) has commenced providing details of Australian visas for the 2018 Gold Coast Commonwealth Games. Special visa arrangements for international athletes, coaches and related parties who will be involved in the Commonwealth Games will be implemented. The Commonwealth Games will take place in the Gold Coast, Queensland, Australia, from 4 – 15 April 2018.

Australian Commonwealth Games Visa

The Australian Government foresees that the Temporary Activity (subclass 408) visa will be available to the “Commonwealth Games Family” to travel to Australia for the Commonwealth Games.

The Commonwealth Games Federation (CGF) has described the “Commonwealth Games Family” as all persons who are entitled to accreditation at the Games under the provisions of the CGF, which includes:

The CGF executive;
The organising committees;
Athletes,
CGF associations, including International Federations; and
Commonwealth Game sponsors.

Visa Application Charge

In honour of the Commonwealth Games being held in Australia for 2018, the Australian Government has set the visa application fee at $0 for visa applicants registered for accreditation by the Gold Coast 2018 Commonwealth Games Corporation.

For more information on travelling to Australia for the Gold Coast Commonwealth Games, please do not hesitate to contact us at info@hartmanlawyers.com.au.

Disclaimer:

New Australian Temporary Activity Visa Framework from 19 November 2016

Posted by Rebecca Berkovic on November 23, 2016

The Australian Federal Government has introduced a new Temporary Activity visa framework which will replace the current regime in relation to applying for temporary work, training and research, entertainment and Superyacht Crew visas.

The new system is intended to simplify the temporary work and activity framework and came into effect on 19 November 2016.

The following four Australian visa types will now apply to temporary activities:

Temporary Work (Short Stay Specialist) (subclass 400) visa;
Temporary Work (International Relations) (subclass 403) visa;
Training (subclass 407) visa; and
Temporary Activity (subclass 408) visa.

The new framework replaces the following visas, which applicants are no longer able to apply for:

Temporary Work (Long Stay Activity) (subclass 401) visa;
Training and Research (subclass 402) visa;
Special Program (subclass 416) visa;
Temporary Work (Entertainment) (subclass 420) visa; and
Superyacht Crew (subclass 488) visa.

The Temporary Work (Short Stay Activity) (subclass 400) visa and Temporary Work (International Relations) (subclass 403) visa have also been restructured.

The general eligibility criteria for the new Temporary Activity visas are as follows:

1. Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa is for people who want to come to Australia on a temporary basis to:

undertake short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.

2. Subclass 403 Temporary Work (International Relations) visa

This visa is for people who want to come to Australia on a temporary basis:

in relation to a bilateral agreement
to represent a foreign government or to teach a foreign language in an Australian school
to undertake full-time domestic work for a diplomat
as a person with statutory privileges and immunities
to participate in the Seasonal Worker Programme.

3. Subclass 407 Training visa

This visa is for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

4. Subclass 408 Temporary Activity visa

This visa is for people who want to come to Australia on a temporary basis to:

work in the entertainment industry
participate in non-ongoing cultural or social activities at the invitation of an Australian organisation
observe or participate as an academic in a research project
undertake full-time religious work
participate in a special programme to enhance international relations and cultural exchange
participate in high-level sports (including training)
work in a skilled position under a staff exchange arrangement
participate in an Australian government endorsed event
work as a superyacht crew member
undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship under the New Temporary Activity Framework

A single sponsorship type (temporary activities sponsor) replaces the six previous sponsorship types (long stay activity, training and research, professional development, entertainment, special programme and superyacht crew). Sponsorship applications are now required to be lodged online.

For more information on applying for Temporary Activity visas, please feel free to contact us by email at info@hartmanlawyers.com.au or by telephone on +61 3 9021 0986.