As an employer, it’s important to understand the key differences between Australian permanent residency and citizenship, particularly when it comes to employee travel rights and visa obligations.

 

Resident Return Visas (RRVs)

Permanent residency allows individuals to live and work in Australia indefinitely, but the travel facility tied to their visa is only valid for 5 years. After this period, if they have not been approved for citizenship yet, then to travel internationally, they will require a Resident Return Visa (RRV) to lawfully re-enter Australia as a permanent resident.

Employees intending to apply for permanent residence should seek advice about any tax implications for them.

 

What Employers Should Know:

• Employees with permanent residency do not require ongoing sponsorship and have full work rights.
• However, if they plan to travel overseas after the 5-year visa period, they must hold a valid RRV to re-enter Australia.
• RRVs do not impact employment eligibility, but failure to obtain one can prevent re-entry, delaying return to work.

 

RRV Eligibility at a Glance:

• 5-Year RRV: If the individual has lived in Australia for 2 out of the past 5 years as a permanent resident or citizen. The 2 years are calculated accumulatively and do not need to be consecutive.
• 1-Year RRV: If they have strong personal, employment, or business ties of benefit to Australia but don’t meet the 2-year residence rule.
• 3-Month RRV: In limited cases, for those who need to travel urgently and meet certain compassionate or compelling criteria.

 

Australian Citizenship

Australian citizenship provides the highest level of certainty for both employees and employers. It removes the need for travel-related visas entirely and unlocks full civic and legal rights.

Anyone considering applying for citizenship should seek advice about the impact on any other nationalities that they hold.

 

Citizenship Benefits for Employers:

• No visa management or travel risks – citizens can leave and return to Australia freely.
• Unrestricted work rights – no sponsorship or immigration monitoring required.
• Access to roles restricted to citizens – such as some government or defence positions.

 

Key Citizenship Eligibility Requirements:

• Must have been lawfully resident in Australia for 4 years, including:
  • At least 12 months as a permanent resident.
  • No more than 12 months in those 4 years spent overseas.
  • No more than 90 days in total in the final year spent overseas.
• Must be of good character.
• Must pass a citizenship test.
• Must intend to remain in Australia or maintain close ties.

 

Recommendations for Employers:

• Check travel plans of permanent resident staff and ensure they are aware of RRV requirements or promote information about this.
• Encourage long-term employees to consider citizenship if eligible, to avoid re-entry risks.
• Keep internal HR systems updated with visa expiry and travel facility dates, where appropriate.

 

Temporary vs Permanent Residence vs Citizenship

Feature	Temporary Visa holder	Permanent Resident	Citizen
Right to stay in Australia	Limited to visa	Indefinite	Indefinite
Australian passport eligibility	No	No	Yes
Voting rights	No	No	Yes (compulsory)
Consular support overseas	No	No	Yes
Work rights	Limited to visa	Full work rights	Full work rights
Access to government jobs	Some restricted	Some restricted	Full access
Purchase of property	Restricted  Stamp duty may be higher	Unrestricted	Unrestricted
International travel	Limited to visa	Needs Resident Return Visa (RRV)	Unlimited
Access to Medicare	Sometimes generally need insurance	Yes	Yes
Centrelink/social security	No	Limited (subject to criteria)	Full access
HECS-HELP for university	No	Sometimes eligible	Always eligible
Public school fees	Depends on state	No	No
Military/jury duty	No	Not required	May be required
Deportation risk	For breach of visa conditions or crimes	Possible for serious crimes	Protected
Dual nationality	NA	NA	Allowed
Children born in Australia	Same visa as parents	Citizens if born in Australia (not if born overseas)	Automatically citizens

 

For further advice or assistance with RRVs, citizenship applications, or managing permanent residency in your workforce, please contact your Ajuria team or partner.

 

The post Understanding Resident Return Visas and Australian Citizenship first appeared on Ajuria Lawyers – Leaders in Immigration.

There was so much interest in our last webinar on this topic that we have decided to run a follow-up 90 minute workshop that will allow us to discuss this topic in more detail and with practical examples.

The workshop will focus on those roles with earnings close to the Core Skills Income Threshold ($76,515 from 1 July 2025) and will look at examples including:

• Australian equivalent workers
• Awards and how they impact market salary
• ‘Annualised’ salaries and additional hours
• Rosters
• Existing visa holders and what happens when the market salary or the SCIT increases

 

The post Webinar Workshop – Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.

The post Key Insights from Day 1: 2025 Immigration Law Conference first appeared on Ajuria Lawyers – Leaders in Immigration.

Thank you for your interest in our webinar Earnings & Market Rates for Sponsored Visa Holders hosted in March. We had over 250 attendees and a lot of interest and questions.

There was so much interest, in fact, that we have decided to run a follow-up workshop that will allow us to discuss this topic in more detail and with practical examples.The same panel will be there to answer your questions and provide valuable insights.

If you would like to attend, please register your interest to hold a spot.

The Panel

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The post Webinar Recording – Understanding Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.

From 1 July 2025, the minimum earnings for a 482 visa will increase to $76,527 (up from $73,150). Employers must ensure compliance with this new threshold when sponsoring or renewing a 482 visa holder in the Core Skill Stream or nominating them for permanent residence.
Where market rates are higher, employers must meet the higher rate for both new and existing visa holders performing the same work. Determining these market rates and aligning them with the Fair Work Act and internal salary policies can be complex.
Join us for a panel discussion covering:

• Determining salary and market rates – correct classification, awards, and payments
• Additional hours, rostering & annualised salaries – what’s included?
• Practical case studies – real-world impacts on employers and visa holders
• Risks of non-compliance – what happens when Australian Border Force or Fair Work investigates?

 

The Panel

The post Understanding Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.

From 1 July 2025, employers will need to guarantee that employees nominated for a 482 visa will be paid at least:

1. For Core Skills positions:                $76,527 (currently $73,150) for 38 hours per week
2. For Specialist Skills positions:      $141,210 (currently $135,000) for 38 hours per week

 

This will apply to all nominations lodged after 1 July 2025, including for 482 visa renewals.

 

Employees holding 482 visas that were nominated before 1 July 2025, will still need to earn the higher of:

1. The amount approved in the nomination OR
2. The current market salary for that position in the business.

 

Annual increases in the minimum earnings are now prescribed by legislation and need to factored in by all employers.

This means that all 482 visa holders will need to be reviewed on 1 July (and regularly) to ensure that they are being paid as required under their visa and in accordance with the market rate for the role.

If an employer nominates a position after 1 July 2025, at the new higher rate, any existing employee on a 482 visa performing the same role, would need to be reviewed and also paid at the new market rate.

Failure to increase 482 visa holders to the correct market rate, or underpaying those workers based on a 38 hours week can result in very significant financial penalties and possible suspension or cancellation of sponsorship rights.

 

Join our webinar on 13 March where we and a panel of experts will be discussing the changes, how they interact with employment law and the industrial relations considerations. Details will follow next week.

PRE-REGISTER NOW

The post Understanding Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.

Today the government announced some further reforms to the Accredited Employer Work Visa (AEWV) scheme, two new pathways for seasonal workers (to be introduced later in 2025) and greater work rights for those on interim visas.

Please find a summary of the changes below – further details on the policy changes will be released in due course.
From January 2025 

• Removing the requirements for completion of Employment New Zealand online modules for all Accredited Employers and Recognised Seasonal Employers (RSE), including the need to offer migrants paid time to complete these modules.
• Reducing the domestic workforce threshold for triangular employers of certain construction roles from 35 percent to 15 percent.

 

From March 2025 

• Wage Thresholds for all AEWV roles will be removed. Employers will still need to advertise and pay migrants the market rate for their position. There are no changes to the wages that AEWV workers must earn to apply for residence.
• Migrants will only need to demonstrate 2 years of relevant work experience instead of the current 3 years.
• Increasing the visa duration for ANZSCO level 4 or level 5 AEWV holders to three years, to align with these workers maximum continuous stay allowed in New Zealand. Those currently on two-year visas will be able to apply for a further 12-month work visa.
• Amending the engagement requirement with the Ministry of Social Development (MSD) – the requirement to engage with MSD will change to being declaration based. Employers will need to declare they have advertised ANZSCO level 4 and 5 roles with MSD and interviewed anyone appropriate for the role. There will no longer be a set 21-day engagement timeframe.
• Increasing the income threshold for supporting dependents on an AEWV to $55,844.

 

From April 2025 

• Greater work rights for those on interim visas – interim work rights will be extended to AEWV applicants applying from any work visa type or from a student visa that allows them to work during term time, to enable them to work whilst their visa is being processed

 

If you have any questions, please contact your Ajuria advisor.

The post NZ Immigration Update: Work Visa Reforms – Key Changes first appeared on Ajuria Lawyers – Leaders in Immigration.

As we approach a new year and the rollout of the Skills in Demand (SID) visa, now is the perfect time for employers to review their fee policies regarding visa sponsorship. Adherence to legal obligations surrounding who pays for what, and ensuring compliance with Australia’s migration laws, is critical for both temporary and permanent sponsored visas.

Key Changes to Government Fees

1.    Flat Visa Fee for All Streams:
The SID visa introduces a simplified fee structure:

• Main Applicant: $3,115
• Spouse: $3,115
• Dependent Children (under 18): $780.

2.    Skills Australia Levy:
The levy remains unchanged:

• $1,200 per year for sponsoring businesses with a turnover of less than $10 million.
• $1,800 per year for sponsoring businesses with a turnover of over $10 million.
• For permanent residence applications, the levy is $3,000 for small businesses of under $10 million turnover and $5,000 for large businesses.

3.    ENS Nomination Fee
The Government has clarified that the nomination fee ($540) must be paid by employers – this was previously unclear.

Who Pays for What?

Employers and employees have defined obligations depending on whether the visa is temporary or permanent

Skills in Demand Visa – all streams (Temporary)

Home Affairs fees	Sponsor must pay	Sponsor or Applicant can pay
Nomination fee
Visa Application fee
Training Levy
Professional fees (ex GST)
Nomination
Visa application
Out of pockets – File and Data Maintenance

 

Permanent Residence 

Home Affairs fees	Employer must pay	Employer or Applicant can pay
Nomination fee*
Visa Application fee
Training Levy
Professional fees (ex GST)
Nomination
Visa application
Out of pockets – File and Data Maintenance

 

Clawbacks and Fringe Benefit Tax (FBT) Considerations

• Clawback Arrangements: Many businesses include clauses to recover sponsorship costs if the employee leaves within a certain period. These arrangements should be carefully drafted and reviewed in consultation with employment lawyers.
• FBT Implications: Sponsorship costs covered by the employer may attract Fringe Benefits Tax. Employers must consult this with taxation/finance teams.

Our fees

In light of the recent legal changes introduced with the Skilled in Demand (SID) visa, Ajuria Lawyers is currently reviewing our professional fees and cost structures to ensure alignment with updated regulatory requirements and best practices. Our goal is to provide transparent, compliant, and competitive services that meet the needs of both employers and employees under the new framework.

The post Employer Fee Policies – Who can pay for what first appeared on Ajuria Lawyers – Leaders in Immigration.

The Department of Home Affairs has announced today that it is urgently reviewing the CSOL occupation list published late last week. A new list or clarification of the existing list is expected shortly.

 

The new list is not expected to place any caveat on the occupation of Chef or other occupations that appear to have been unintentionally included.

 

The Department has stated that the intention of the caveat was to include certain occupations on the CSOL because of Australia’s obligations under international trade agreements, even though the inclusion of those occupations was not supported by labour market or stakeholder feedback provided to Job Skills Australia over the past year.

 

The Department has said that occupations that will remain subject to the caveat include: Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only), Private Tutors and Teachers nec, and Traditional Chinese Medicine Practitioner. No details have been provided regarding any other occupations, but the entire list is being reviewed.

 

The Department has confirmed that it did not intend to remove the occupation of Chef from the CSOL or to limit that occupation to any specific nationalities.

 

At this time, we are advising clients not to lodge nominations for impacted occupations until we have further clarification, unless the application is urgent due to visa expiry. Our team will work with clients to provide advice on a case-by-case basis.

 

We are closely monitoring the situation and will send another alert as soon as the updated list or clarification is available.

The post Caveat 14- International Trade Obligation Caveat to be Changed first appeared on Ajuria Lawyers – Leaders in Immigration.