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.

The post Webinar Recording – Skills in Demand Visa first appeared on Ajuria Lawyers – Leaders in Immigration.

The long-awaited release of regulations has provided clarity on the transition from the Temporary Skill Shortage (TSS) visa to the new Skilled in Demand (SID) visa, effective 7 December 2024. Nealy all the changes are as have predicted throughout the year.

 

Some of the finer detail will not be known until after the publication of the new policy to be applied by Departmental officers. Our team of excited lawyers will be spending the weekend getting across this detail ahead of our webinar on Monday, 9 December 2024 at 4:00PM AEDT.

 

Key Features of the new SID Visa:

1. Nomination and Visas lodged before 7 December

• Will be processed using the current occupation list and rules.

2. Nomination and Visas lodged after 7 December

• Will be processed using the new occupation list and rules (Core Skills Occupation List (CSOL) in the core skills stream).
• TSS visa holders who are currently sponsored in occupations removed from the list will NOT be able to change employers or apply for a further TSS visa.
• TSS visa holders who are currently sponsored in occupations removed from the list will still be able to apply for an ENS TRT visa (2 year permanent residence pathway).

3. Single Occupation List (CSOL) – all visas now for up to 4 years

•  The CSOL replaces the previous multiple lists under the TSS visa.
•  70 new occupations in health, childcare, education, construction, and cyber sectors.
• Removal of some occupations such as Restaurant Managers, Financial Dealers and Brokers, Specialist Managers, Graphic Designers.

4. Three new streams:

• Specialist Skills Stream: For highly skilled workers earning $135,000+ in most ANZSCO occupations, excluding trades.
• Core Skills Stream: For roles on the new CSOL list of occupations earning over $73,150 (including trades). Essentially the same as the TSS.
• Labour Agreement Stream: Continuation of existing Labour Agreement process.

5.    Labour Market Testing (LMT)

• We are waiting to see if there are any changes but we expect LMT to continue to be a requirement as per the current settings.

6.    Skilled Australians Levy 

• We are waiting to see if there are any changes but none are expected.

7.    Simplified English and Work Experience Requirements:

• English language requirements align with TSS visa standards ( eg. IELTS score of 5 overall).
• Work experience reduced to one year full-time or equivalent within the past five years, providing greater flexibility, especially for part-time workers and those with career interruption.

8.    Permanent residence 

• Rules are essentially the same.
• Time spent with any sponsoring employer counts toward the permanent residency requirements under the Temporary Residence Transition (TRT) stream of the Subclass 186 visa.
• Direct Entry (DE) are limited to occupations on the CSOL.

9.    Annual Indexation of Income Thresholds:

• Income thresholds will be indexed annually in line with Average Weekly Ordinary Time Earnings (AWOTE) to ensure competitive wages and prevent undercutting of Australian workers.

10.    Sponsorship obligations

• An employer’s obligations to ensure that the sponsored worker works only in the nominated occupation will end when the employee leaves the business.

11.    Fees

• Government fees are now the same for all occupations and streams of the visa.

As always, reach out to your Ajuria team if you have any questions but we will otherwise see you on the webinar on Monday.

The post Introducing the New Skilled in Demand (SID) Visa first appeared on Ajuria Lawyers – Leaders in Immigration.

Australia has long aimed to compete with other countries to attract the world’s brightest minds, fostering innovation and addressing national priorities through tailored migration programs. A prime example was the Global Talent Visa (Subclass 858), introduced under the previous government to draw exceptional individuals in sectors critical to Australia’s growth. Now, this framework has been reimagined as the National Innovation Visa (Subclass 858), set to commence on 6 December 2024 under the Migration Amendment (National Innovation Visa) Regulations 2024.

 

Here’s a closer look at this evolution and what it means for prospective applicants:

 

Global Talent Visa (Subclass 858): A Recap

The Global Talent Visa was created to provide a fast-tracked pathway for highly skilled individuals in target industries such as advanced manufacturing, fintech, space, and quantum technologies.
National Innovation Visa: What’s New?

The National Innovation Visa seeks to build on the foundation of the Global Talent Visa, with the government believing it will provide a sharper focus on aligning with Australia’s strategic priorities. The specific details of the new settings and sharper eligibility criteria are forthcoming and will be outlined in a subsequent Department release. Applicants will be required to demonstrate in their Expression of Interest that their internationally recognised record of exceptional and outstanding achievement is in an area targeted by Government. Those areas have not yet been formally announced but this should come any day now.

 

Key Changes and Features:

1. Invitation System: Applicants must now be invited by the Minister to apply, underscoring selectivity and ensuring alignment with national goals.

2. Sector-Specific Focus: The visa continues to prioritise high-growth and innovation-driven sectors but now explicitly emphasizes industries (detail to be provided).

3. Tightened Criteria: While the original subclass was already selective, the new iteration introduces stricter benchmarks to maintain Australia’s competitive edge globally.

 

Implications for Applicants and Employers

The transition to the National Innovation Visa reflects Australia’s commitment to fine-tuning its migration system. While it may pose higher barriers to entry, it ensures that each applicant aligns with national priorities, enhancing Australia’s economic and innovation landscape.

For employers and prospective applicants, preparation is key. Ensuring alignment with the updated framework, refining nomination strategies, and understanding sector-specific priorities are critical for success.

 

Final Thoughts

Ajuria Lawyers: Leading the Way in Strategic Migration

The new National Innovation Visa appears to be not much more than a reinvention of the Global Talent Visa but the devil is always in the details.

 

Ajuria Lawyers pioneered use of the Global Talent Independent (GTI) program, helping clients leverage its unique opportunities to bring in high-level talent during COVID and beyond. As the National Innovation Visa emerges, we are ready to lead the way once again. While the new framework adds layers of complexity, it also offers exciting prospects for those with exceptional talent and employers seeking to attract top-tier innovators.

 

Whether you are an employer looking to nominate a candidate or an individual eager to contribute to Australia’s innovation landscape, Ajuria Lawyers is here to guide you through this next chapter in strategic migration.

The post Reinventing Excellence: The Transition from the Global Talent Visa to the National Innovation Visa first appeared on Ajuria Lawyers – Leaders in Immigration.