As expected, the Australian Government is starting to announce changes to the immigration program, and we will be sending alerts as the changes are released. We will hold a webinar for clients once we have the complete details of the changes (expected 23 November 2024).

MATES visa announced
The Australian Government today announced a new Mobility Arrangements for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work – International Relations) visa, specifically designed to attract young Indian graduates and early-career professionals to Australia.

The MATES visa will allow eligible Indian nationals with expertise in specific high-demand sectors (such as renewable energy, ICT, AI, engineering, fintech, and agritech) to live and work in Australia for up to two years. The program will be capped at 3,000 visa places per year.

Interested participants will need to register for a pre-application process (similar to a ballot system), with a $25 registration fee. This registration will not guarantee a visa but qualifies applicants to be randomly selected to apply for the visa.

Applicants must be Indian passport holders, aged 18-30 and will need to meet academic qualifications in eligible fields, and potentially English language proficiency requirements.

The applicant must be outside Australia when applying for the visa.

 

TSS & ENS Processing Times Updates
With changes to the TSS program now very likely to be implemented this year and with an election in 2025, we are seeing the impact on processing times.

Current processing time for TSS are:

Accredited Sponsors: 1 to 3 months

Non-Accredited Sponsors: 3 to 6 months

The Department recently announced a focus on permanent residence applications with applications lodged before 31 October 2023 to be decided before the end of 2024. It is unclear what impact this will have on permanent residence applications lodged after that date, but we predict that the focus will continue to be on processing permanent applications ahead of the election as this will help to reduce temporary visa numbers.

 

1 year work experience for TSS visas
A reminder that from 23 November 2024, the Government will reduce the work experience requirement for the Temporary Skill Shortage (subclass 482) visa from two years to one year for all applicants so long as the candidate still meets ANZSCO classification requirements. Presumably this will also be the requirement for the new Skills in Demand Visa.

 

The Core Skills Occupation List (CSOL)
The new Core Skills Occupation List (CSOL) will be a single consolidated list which will be used to determine eligibility for the new Skills in Demand Visa. It will be developed and managed by Jobs and Skills Australia which provides recommendations to the Minister for Immigration. The new CSOL is yet to be released but in the meantime, Jobs and Skills Australia has released its preliminary Occupation Shortage List (OSL) which provides a point-in-time assessment of the shortage status of occupations in the Australian labour market.

 

Skills in Demand Visa
The release of the new Classifications list (OSCA) will provide the framework for the new Skills in Demand Visa which is being refined and is expected to be released in late November 2024. As a recap the new Skills in Demand Visa will replace the existing Temporary Skill Shortage visa (TSS) (subclass 482) providing 3 streams:

NSW waives school fees for TSS visa holders in regional NSW
The NSW Department of Education has announced that enrolment fees will be waived for families that are regional holders of Temporary Skills Shortage visas (subclass 482), i.e. those who reside outside of greater Sydney and Wollongong.

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It is now clear that the Australian government still intends to introduce changes to the migration program before the election in 2025 and possibly as early as the end of November 2024. What is not at all clear is exactly what these changes will mean for employers.

Join our webinar on 24 October 2024, where we will discuss what is known, what is not known and how to best prepare. A link for registration can be found here.

In summary:

Occupation Standard Classification for Australia (OSCA)
On 6 December 2024, the Occupation Standard Classification of Australia (OSCA) will be released replacing the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This is meant to shift the emphasis of occupation classification away from job hierarchies and lists of tasks to more of a focus on skills and competencies.

Skills in Demand Visa:
The release of the new Classifications list (OSCA) will provide the framework for the new Skills in Demand Visa which is being refined and is expected to be released in late November 2024. As a recap the new Skills in Demand Visa will replace the existing Temporary Skill Shortage visa (TSS) (subclass 482) providing 3 streams:

Specialist Skills Pathway: For high-income earners, with applications processed within 7 days.
Core Skills Pathway: For workers earning above $73,150 in eligible occupations.
Essential Skills Pathway: A regulated pathway for lower-income essential workers, designed to meet critical shortages. These visas provide clear pathways to permanent residency, giving employers greater certainty when planning their workforce needs.

The Core Skills Occupation List (CSOL)
The new Core Skills Occupation List (CSOL) will be a single consolidated list which will be used to determine eligibility for the new Skills in Demand Visa. It will be developed and managed by Jobs and Skills Australia which provides recommendations to the Minister for Immigration. The new CSOL is yet to be released but in the meantime, Jobs and Skills Australia has released its preliminary Occupation Shortage List (OSL) which provides a point-in-time assessment of the shortage status of occupations in the Australian labour market.

An online tool is now available Occupation Shortage List | Jobs and Skills Australia which identifies whether occupations are in shortage and whether the shortage is national or confined to metropolitan areas or regional areas.

This list is NOT the final CSOL, but provides employers good insight into those occupations that may not be able to be sponsored under the new visa. This will be the basis of some discussion in the webinar.

Upcoming changes and uncertainty
Businesses may consider lodging TSS renewals and PR applications as soon as possible as the Government has flagged changes to the migration program coming into effect late November 2024. Whilst we do not yet know the extent of the changes and how employees will be affected, we are receiving many queries from anxious employees, and businesses may wish to look at transitioning TSS visa holders to PR before these changes come in.

How Ajuria Lawyers Can Help
Our team is here to assist businesses in understanding how these changes impact recruitment and workforce planning. For skilled migrants, we can provide tailored advice on visa applications, eligibility, and long-term residency pathways.
Stay informed and ahead of the changes—contact us today to explore how we can support your migration and employment needs in light of the new OSCA release.

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We are seeing significant delays and inconsistencies for visa processing across many visa categories as we get closer to the end of year. The Department continues to make it clear that no priority requests can be made even in urgent circumstances. Any escalation requests are seen as clogging the system.

Case officers are dealing with higher volumes with less resources, potentially as they prepare for the upcoming changes to the TSS and PR programs. Ajuria Lawyers is holding a webinar on 24 October 2024 at 11am AEDT to discuss the upcoming changes to Australian work visa programs commencing November 2024. A link for registration can be found here.

Whilst the Department of Home Affairs publishes estimated processing times, however these are not what we are experiencing in practice. Our estimates are:

TSS Work Visas
Very inconsistent processing which are changing all the time. Please note these are guidelines of averages only.

Non-Accredited Sponsors
Up to 6 months

Accredited Sponsors
Up to 3 months

Permanent Residence
We continue to see very limited permanent residence visa grants with processing timeframes now reaching 12 months and over. While some business nominations continue to be approved, visa grants are being delayed. This is resulting in police clearances and health exam results expiring and being requested again by case officers.

400 Visas
These are processed by the offshore Embassy/High Commission and processing is different depending on the location of the person at the time the application is lodged. Most processed in Europe and the Americas are taking anywhere from 1-3 weeks whereas other offices may take longer. There is also a significantly higher refusal rate on these applications.

Medical examination delays
Ongoing delays in obtaining bookings for medical examinations in Australia leading to delays with grants. Visas cannot be granted until medicals are done.

Upcoming changes and uncertainty
Businesses may consider lodging TSS renewals and PR applications as soon as possible as the Government has flagged changes to the migration program coming into effect late November 2024. Whilst we do not yet know the extent of the changes and how employees will be affected, we are receiving many queries from anxious employees, and businesses may wish to look at transitioning TSS visa holders to PR before these changes come in.

The delays in visa processing will be exacerbated as we head into the end of 2024 and the month of January when processing typically slows down further.

In the meantime, Ajuria Lawyers will continue to keep clients updated with any changes.

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The Joint Standing Committee on Migration has now released its much-anticipated final report titled Migration, Pathway to Nation Building. This report, marking the culmination of a nearly two-year inquiry, is a critical document for employers involved in sponsoring skilled migrants in Australia. It presents a range of recommendations that could significantly shape Australia’s migration landscape in the years to come.

Key Differences from the Previous Report
This new report builds on earlier migration reviews, including the 2022 discussion paper. The key differences include:

• Detailed Pathways: The final report introduces more comprehensive frameworks, including the Skills in Demand visa, offering clear three-tier pathways — Specialist, Core Skills, and Essential Skills—to address workforce shortages.
• Permanent Residency Focus: Unlike earlier recommendations, this report puts a strong emphasis on permanent residency pathways for temporary skilled migrants, ensuring greater stability for both migrants and employers.
• Worker Protections: There is a substantial focus on reducing worker exploitation by improving mobility within the labor market, allowing sponsored migrants more flexibility to switch employers.

Key Recommendations for Employers Sponsoring Workers
For businesses involved in sponsoring skilled migrants, several recommendations stand out:

1. Skills in Demand Visa:
The report reiterates its proposal for the introduction of a Skills in Demand visa with three streams:

• Specialist Skills Pathway: For high-income earners, with applications processed within 7 days.
• Core Skills Pathway: For workers earning above $73,150 in eligible occupations.
• Essential Skills Pathway: A regulated pathway for lower-income essential workers, designed to meet critical shortages. These visas provide clear pathways to permanent residency, giving employers greater certainty when planning their workforce needs.

2. Temporary Skilled Migration Income Threshold (TSMIT):
The TSMIT will continue to evolve, ensuring that wages for sponsored workers remain competitive and align with the broader market. This means increases are to  be expected.

3. Simplifying Visa Processes:
The report emphasises the need to reduce complexities in the visa application system, recommending faster processing times and streamlining biometric data collection to enhance efficiency.

4. Worker Mobility:
Migrants sponsored through the Skills in Demand visa will no longer be tied to a single employer. This will enhance worker protections while ensuring employers have access to a broader talent pool.

5. Regional Migration:
For employers in regional areas, the report highlights the importance of tailored migration strategies, with recommendations to improve the Designated Area Migration Agreements (DAMAs) and labour agreements, ensuring that critical skill gaps in regional industries are addressed.

What’s Next?
The report is part of a broader strategy, with reforms expected to commence in November 2024. Employers should prepare for these changes, particularly in industries with high demand for skilled labor.

If you have any questions about how these changes may impact your business or sponsorship processes, please contact Ajuria Lawyers for tailored advice.

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Ajuria Lawyers is excited to announce the expansion of our Global Visa and Immigration Services, now enhanced through our collaboration with MobilityDesk. This strategic integration brings unmatched efficiency and transparency to managing your global workforce mobility, allowing us to offer even more streamlined solutions across multiple countries.

What’s New:

1. Comprehensive Global Coverage: We’ve expanded our reach to help manage employee relocations to major markets including, the US, UK, New Zealand, and many countries throughout the APAC region. Whether your business needs assistance with work visas, consular processes, or compliance, we’ve got you covered.
2. MobilityDesk Integration: MobilityDesk allows us to provide a single-platform solution for all your global mobility needs. You can now:
   1. Easily initiate services in any country
   2. Track case progress and oversee compliance across multiple jurisdictions in real-time.
   3. Enjoy a frictionless experience with our Enter Data Once (EDO) technology, which minimizes data entry and reduces errors, ensuring efficiency throughout the visa process.
   4. Give your business a complete overview of mobility moves globally.
3. VIP Level Service: We continue to offer VIP service through one point of contact for all matters, ensuring personal and consistent support. MobilityDesk helps, not replaces the experts.

Why Choose Us:

1. Global Expertise: With our network of vetted expert partners and local professionals, we ensure compliance with the regulatory requirements of each destination.
2. Efficiency & Compliance: MobilityDesk’s secure, ISO27001-compliant platform guarantees the safety and accuracy of all processes, enhancing productivity and making service delivery more timely and efficient.

Whether your team is expanding globally or managing ongoing relocations, Ajuria Lawyers is here to streamline every step of your immigration process, backed by our world-class technology and dedicated expertise.

For more information or to discuss how we can assist your global mobility needs, please reach out to your Ajuria team or email to global@ajurialawyers.com or visit us at ajurialawyers.com.

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The Subclass 400 Temporary Work (Short Stay Specialist) visa is for skilled workers needing to come to Australia to carry highly specialised work of a non-ongoing nature.

We have been noticing increased scrutiny on 400 visa applications over the last few months, and the Department’s policy has now been updated to reflect how applications will be assessed moving forwards. It is clear that this visa is to be used for three month stays only and applying for periods of stay of up to six months is discouraged as the risk of refusal will be very high.

Most notably:

• The standard maximum stay period on a 400 visa will three months, with six months only available in exceptional circumstances.
• The total stay period across multiple 400 visas within a 12-month period will now be three months, instead of six months.
• Applications will now be scrutinised to ensure the 400 visa program is being used correctly and not to circumvent the subclass 482 TSS visa requirements and/or Australian workplace standards.
• Applicants from countries with significant pay disparity relative to Australia will also be expected to provide additional evidence.

Stay period – 3 months to be norm
The Subclass 400 visa has always provided for a period of stay of up to six months, with the expectation that the usual period of stay would be three months or less.
This will remain the case, however it will now be more difficult than ever to obtain a 400 visa for a six month stay period. Such requests will need to be supported by strong evidence that exceptional/compelling circumstances exist.

Return visits
Previously, individuals could obtain multiple 400 visas within a 12-month period, so long as the total time in Australia did not exceed six months. This will now be limited to three months.
In other words, if an applicant has previously held a Subclass 400 visa in the last 12 months, and has applied for a subsequent Subclass 400 visa, then the decision maker may consider granting the remaining balance of the normal period of stay of three months. For example, if two months is spent in Australia on the first 400 visa, then a second may be approved for a maximum stay of one month.

Increased scrutiny
The Department’s policy identifies the following circumstances, among others, as generally requiring closer scrutiny and investigation (these are just examples):

• A stay period (or cumulative stays) has been requested that exceeds three months in any 12-month period;
• An overseas employer may be seeking to fulfil multiple separate contracts in Australia;
• There are large group applications for a single project;
• Workers are being rotated through a position;
• The work to be performed falls into an occupation classification with a lower skill level.

Such circumstances could be a sign to the Department that:

• A company is attempting to utilise the Subclass 400 program for a low paid substitute workforce;
• The work may have adverse consequences for employment or training opportunities, or conditions of employment, for Australians;
• An overseas employer is seeking to send workers to Australia to fulfil multiple separate contracts in Australia, rather than investing in training opportunities for Australians;
• The work to be carried out does not involve highly specialised skills and knowledge.

Users of the Subclass 400 visa should be aware that if any of the above circumstances exist, or even appear to exist, there will be a very high risk of refusal unless sufficient evidence is provided to the contrary.

Genuine temporary entry
As the 400 visa is for non-ongoing work, applicants must genuinely intend to stay temporarily in Australia. Applicants from countries with a significant pay disparity relative to Australia will face a higher level of scrutiny in this regard.
It is also incredibly important to note that the 400 visa is not intended for subclass 482 TSS visa applicants to enter Australia to undertake ongoing work while their 482 TSS visa is applied for/assessed.

Australia’s interest stream
If the Department is not satisfied that a 400 visa applicant will be carrying out highly skilled and/or non-ongoing work, they must first consider if there are compelling circumstances affecting Australia’s interest before refusing an application.
For example:

• The entry of the person is required to assist in a disaster or emergency;
• Australia’s relationship with a foreign government would be damaged were the person not granted the visa; or
• Australia would miss out on a significant benefit that the person could contribute to Australia’s business, economic, cultural or other development (for example, a special skill that is highly sought after in Australia) if the person was not granted the visa; and/or
• Australia’s trade or business opportunities would be adversely affected were the person not granted the subclass 400 visa;
• There is an urgent need for a senior executive (e.g. CEO, Chief Financial Officer, Managing Director) of a multinational organisation to travel to Australia at short notice to commence ongoing work, and they have already applied for a TSS 482 visa, and it can be demonstrated that the seniority of the role and nature of the organisation are such that Australia’s interest is likely be affected if the position is left unfilled.

Be warned and prepared for future 400 visa applications
Moving forward, it is important to remember that:

• The 400 visa should only be used for its intended purpose – highly skilled, non-ongoing work. The subclass 482 visa should be used where an individual will be required in Australia for longer than three months.
• The Department can, and will, look into the history of a company’s use of the 400 visa to determine whether the program is being used correctly (e.g. the number of applications, the type of work to be carried out, and the number of applicants who convert to a longer stay visa onshore).
• Where applicable, evidence that the grant of a 400 visa would be in Australia’s interest should be provided with the application as a back-up.

As always please contact us if you require more information about the Subclass 400 visa or how we can otherwise help you.

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On 4 July 2024, the Senate referred the Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024 (the Bill that will introduce the changes proposed by the Migration Strategy) to the Legal and Constitutional Affairs Legislation Committee for an inquiry and their recommendation.

After consideration of the proposed amendments and submissions from industry and other stakeholders including unions, professional associations and representative bodies, the Committee has recommended that the Senate pass the Bill.

Quick recap of proposed key changes
The government are proposing to:

• establish the Skills in Demand Visa to replace the Temporary Skills Shortage (TSS)(482) visa with 3 streams and legislate income thresholds for the Skills in Demand visa to be indexed annually as below

 

Stream	Description	Salary (to be indexed annually)
Specialist Skills Pathway	For highly skilled migrants who bring significant economic benefits to Australia, such as meeting labour needs that exist at an individual firm level and assist companies in acquiring specialist knowledge, niche technologies or research expertise unavailable in Australia	$135,000
Core Skills	Temporary skilled workers in occupations identified by the Government as being in national shortage on a Consolidated Skills Occupation List (CSOL); OR Where Australia has committed to providing access to the Australian labour market in relation to that occupation through international trade agreements	$73,150 – $135,000
Essential Skills	Intended to be defined by occupation and pay Will be sector-specific, capped, embedded with stronger regulation and minimum standards and subject to further advice from Jobs and Skills Australia	Below $73,150 or as specified by the Minister of Immigration in writing

 

• increase validity period of Labour Market Testing (LMT) from 4 months to 6 months. Unfortunately it does not look like the LMT requirements will be abolished

 

• change the amount of time that a sponsor is required to provide information about any Australian workers that they retrenched or made redundant from occupations nominated will also increase to 6 months (currently this is 4 months)

 

• establish a public register of approved sponsors

More detail on the changes can be found here.

Submissions made to the Government
Most of the submissions considered by the Committee were broadly supportive of the changes. However a majority of submissions reported challenges during the visa sponsorship and nomination process, including:

• long processing times;
• complex paperwork and requirements; and
• high Government costs.

Many also called for the abolishment of LMT as it causes unnecessary delays in recruitment in genuine areas of a skills shortage that have already been identified and is an inefficient tool to test if a sponsor is genuinely testing the market.

Of note is the Department’s feedback to criticism of the annual income indexation. This will be contained in legislation rather than a legislative instrument which allows for migrants and their employers to be made aware of annual wage increases several months before it comes into force. They will be made public in February of each year (when the figures are published by the Australian Bureau of Statistics), more than three months before the increase occurs on 1 July each year. This provides advance notice for employers to consider their options for employees.

We will provide more updates as more information on the strategy is released by government but to date, we do not have any indication of when this will happen.

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

The post Australia’s Legal and Constitutional Affairs Legislation Committee – New Migration Strategy first appeared on Ajuria Lawyers – Leaders in Immigration.

Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa holders can do any kind of work over the course of their 12-month stay in Australia. However there are limitations on the timeframe they may work with any one employer. This is because these visas are subject to a mandatory condition (8547) which limits their employment to 6 months with the one employer:

         The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

Under the government’s policy and until the release of their new Migration Strategy (date unknown) there are certain exemptions. This extensive policy makes the application of the rules quite complex in some circumstances. We hope this FAQ simplifies it.

Are there exemption to the 6 month rule?
Yes. The visa holder does not need to ask permission to work for you longer than 6 months and so you can continue to employ them if any one of the following applies:

• Your business is in tourism and hospitality,  food processing, health, aged and disability care and childcare, agriculture, plant and animal cultivation or natural disaster recovery anywhere in Australia.
• Your business in not in any of the above sectors but the employee changes their location of work (including working from home or another office or venue).
• Your business is in the fishing and pearling, tree farming and felling, construction or mining sectors in Northern Australia.

Is our business exempt because it is in hospitality, accommodation and tourism?
Any business in this sector is exempt if it is a:

• Hotel, motel, bed and breakfast, or backpacker hostel
• Café, restaurant, takeaway food shop or catering premises
• Pub, tavern club or bar
• Other hospitality or accommodation business
• Tourism business

These employees do not need to change location. You can employ these visa holders in the same role at the same location as long as they have one of these valid visas.

What does it mean to change locations?
Visa holders who are not in an exempt sector but who change the location of their work can continue to work for you for you for more than 6 months in the same or different role without asking for permission. The following are examples of what it means to change locations:

• Working from home
• Working remotely
• Working at different premises of the same business
• Being self-employed and providing services to the same business for more than 6 months as long as that business is not the only business to whom services are provided during that time

Other changes of location may also be acceptable and you should check with us if you are in doubt.

Do I still need to VEVO these visa holders?
Yes. You should VEVO ALL new employees unless they have shown you evidence that they are an Australian Permanent Resident/Citizen. If the visa is a Working Holiday visa or Bridging visa, the best practice would  be to VEVO that employee every three months to check that there has been no change to their work rights.

What do we need to do if the above exemptions do not apply?
You must ensure that the employee has permission to continue to work or you must ask them to stop working until they do. Severe penalties apply for employing a visa holder who does not have the right work permission.

When does the 6 months start and end?
The 6 months starts from the day the employee starts to work. It includes full-time, part-time, casual, shift and voluntary work. It is calculated on a calendar basis.  It is based on the number of months that have passed since started working, not how many hours or days have been worked.

Can the person continue to work for us if they have asked for permission to continue working more than six months?
Yes. The employee can continue to work for you until they have an answer on their request. You should put a process in place to review the status of their request with them at least every two weeks. Best practice would be to have us apply for the extension request so that you will know that it has been lodged and when there is a decision.

Can the employee continue to work for us if we have lodged a TSS visa (or other application) for them?
Maybe. They can if:

1. They fall into one of the exemptions above.
2. The employee has lodged a request for extension of the six months (see above).
3. The employee has been granted a bridging visa and that visa has come into effect because their previous visa has expired.
4. The employee is granted another visa (including a second or third Working Holiday visa) that has work permission (the 6 months re-sets on the furhter Working Holiday visa grant).

If you are still in doubt or have further questions about this, please contact your Ajuria team.

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