Category: Temporary Skill Shortage (TSS) visas

Labour Market Testing Exemption Extended to UK Citizens and Permanent Residents

Posted by Rebecca Berkovic on August 16, 2023

The Australian Government has now implemented the extension of the labour market testing exemption in relation to the Temporary Skill Shortage (TSS)(subclass 482) visa program to UK citizens and permanent residents applying to work in Australia.

The inclusion of the UK in the list of countries exempt from labour market testing (including China, Japan, Malaysia, Mexico, Thailand, Vietnam, Canada, Chile, South Korea, New Zealand and Singapore), comes in the wake of the recently signed Australia-United Kingdom Free Trade Agreement which came into effect on 31 May 2023.

Businesses interested in employing UK citizens and permanent residents will no longer need to complete labour market testing of the local Australian labour market before applying for TSS subclass 482 nominations in Australia. This will enable employers sponsoring UK citizens and permanent residents to benefit from a more efficient and less time-consuming application process.

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.

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:

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:

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:

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.

Disclaimer:

Global Talent Scheme

Posted by Rebecca Berkovic on April 27, 2019

The Global Talent Scheme (GTS) is a 12-month pilot being trialed under the Temporary Skill Shortage (TSS) subclass 482 visa program.

Businesses that need to fill a small number of high-skill, niche roles that can’t be filled by Australians or through existing visa programs and who meet the criteria can enter into an individual GTS agreement with The Department of Home Affairs (DHA).

A summary of the key requirements and features of the GTS agreements are as follows:

There are two streams – Established business employers who are Accredited Sponsors and Startups operating in a tech-based or STEM (science, technology, engineering and mathematics) field. Startups must be endorsed by the independent GTS startup advisory panel.
The earning threshold for applicants is higher than under the standard TSS stream (currently set at $145,400).
The employer can negotiate variations on the standard TSS visa requirements.
The Department of Home Affairs prioritises processing of GTS agreements.
Trusted employers can access highly-skilled roles – they are not restricted to occupation lists for the TSS visa short-term or medium– term streams.
The visa is valid for up to 4 years and allows access to a permanent residence pathway.
The employer can negotiate age requirements for the permanent residence pathway.

For employers that meet the GTS requirements this pilot may provide crucial flexibility where they need to bring specialised skills from overseas but the circumstances do not meet all of the stringent visa criteria for whatever reason.

Any position filled through a GTS agreement must provide opportunities for Australians by, for example:

creating new jobs for Australians
transferring skills and knowledge to Australian workers.

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