The post Ajuria Lawyers Webinar – Immigration Compliance Readiness first appeared on Ajuria Lawyers – Leaders in Immigration.

An update from us

Our team has welcomed the new year with most of us back at work. We are continuing our hybrid model working from home/office.

As we are expecting very high demand in 2023/24, we are recruiting for more experienced Immigration lawyers.  We have a great graduate intake starting at the end of this month with 4 new young lawyers joining our team as part of our graduate program. Like all industries we are also feeling the skills crunch as many lawyers leaving the industry when our borders closed, but careful planning and training means we are in a strong position to grow and maintain the highest quality of service.

MobilityDesk

We are rolling out a a new mobility platform MobilityDesk that will provide an enhanced user experience for you, your employees and our staff. The system uses the latest security features and minimizes the amount of data that is transferred and stored. Users enter data only once and can safely and securely transfer documents and data. MobilityDesk processes and tracks applications and visas in any jurisdiction and the platform will be able to integrate all aspects of a move including visas, tax, relocation and travel.

If you are interested in knowing more about MobilityDesk, please reach out to us.

What to expect in 2023

The government’s review to create ‘a migration system for Australia’s future’ is due for release in February 2023 with a view that changes will be implemented around budget time in May 2023.

Our Minister for Immigration has publicly stated that ‘everything is one the table’ and like many other organisations, we have provided submissions. Whilst we can speculate as to the recommendations, the reality is that we have to wait for the changes to be announced. Our feeling is that the changes will be positive and designed to help Australia compete for talent internationally.

In the meantime some updates:

Processing updates

The government seems to be clearing the backlog with around 400,000 visas processed since June with the hope that the backlog of 600,000 will be cleared by April 2023.  The Department recruited 400 new assessing officers which are being trained. However figures show  that just in the last 7 months there has been 4 million new visa applications.

Current processing updates are estimated as:
 

These are subject to constant change and processing is still highly inconsistent depending on the officers and processing centres, as the Department continues to onboard and train staff.

Processing priorities 

Late last year the Minister released a new processing Direction (no 100) with a clear commitment for processing priorities given to the health and education sectors.

The Direction:

• Prioritises applications in relation to healthcare and teaching occupations, as well as offshore permanent and provisional applications.
• Helps small businesses seeking to recruit overseas workers. It speeds up processing for all occupations and makes the process less complicated.
• Restores priority for Accredited Sponsors in all sectors who are trusted employers and key businesses.
• Ceases the Priority Migration Skilled Occupation List (PMSOL) and critical sectors but sees applications with occupations that were on the PMSOL or in critical sectors will continue to be processed efficiently given the improvements in visa processing since the Government committed additional funding and staff to reduce processing times.

Accredited Sponsors

We have certainly noticed the Department setting a higher bar for sponsors to upgrade their status to accreditation, with a clear indication that the government intends to restore the VIP status for Accredited sponsors to what it was before the pandemic. We will continue to work with clients to achieve accreditation where that is available and to ensure that accredited status is protected for those clients that have it.

Sponsorship Obligations Reminder

As always, a strong reminder on sponsor obligations. We are continuing to see monitoring activities by the Australian Border Force (ABF) with even low-risk and accredited sponsors receiving visits. If you have any concerns or question about obligations and compliance, please contact us to discuss and arrange a self-audit so that you can be prepared if the ABF contact you. If you are contacted by ABF you should speak to us immediately.

We will be conducting a webinar on sponsorship, accreditation and compliance in February and we will be sending out an invitation shortly.

Labour Market Testing Requirements

Despite our low unemployment levels and clear lack of workers in most sectors in the Australian economy, Labour Market Testing continues to be required under legislation and officers have no discretion to depart from these. This means that LMT rules must be strictly followed until any changes are announced (if there are any). We will continue to work with you to ensure proper LMT compliance to ensure that applications are not refused.

Although the India/Australia Trade Agreement has come into force, the Agreement does not provide for any LMT exemption and so LMT will still need to be shown if sponsored candidates/employees are Indian nationals.

Our team will continue to advise on LMT a case-by-case basis.

Working Holiday 6 month relaxation

The government has announced that the relaxation of the 6-month work limitation will be extended until 1 July 2023. This means that working holiday visa holders (or bridging visa holders with the same work condition) can continue to work for any employer or at one location for more than six months without requiring permission. From 1 July 2023, the six-month requirement will be enforced again, however, time spent working with an employer prior to that date will not count.  This means that from 1 July 2023 onwards, working holiday visa holders may work for any employer until 31 December 2023 or for six months, whichever is longer, even if they worked for that same employer before 1 July 2023.

Example 1 – employee starts on 1 August 2023 holding WHM visa can work until 31 January 2024 (6 months)

Example 2 – employee starts on 1 March 2023 holding WHM visa can work until 31 December 2023

Global Talent Program Update

Whilst the GTI program was hugely popular during the pandemic we have seen a clear shift in the government’s commitment to this program. Priority processing can no longer be obtained by applicants based in Australia. Those applications are now taking over 18 months to be assessed as applications lodged in May 2021 are now being considered.

Consistent with the priority processing direction mentioned above, applicants who are overseas may still be able to get priority processing (less than 6 months). However, only the highest caliber candidates will be able to access this as the government limits this visa to 5000 spots (including family members). We will continue to assess these applications on a case-by-case basis.

We are looking forward to a big year in the immigration world in 2023 and to continuing our relationships with our clients as our team aims to deliver the best possible service and experience for your employees. We will continue surveying visa applicants and undertaking process improvements in the firm as MobilityDesk helps us provide even better and new services.

The post New Year Newsletter – January 2023 first appeared on Ajuria Lawyers – Leaders in Immigration.

Green List Changes announced

Changes to Tier 1 occupations

The Prime Minister and Minister of Immigration held a joint media announcement earlier this week.  In the announcement, several changes were indicated including the addition of three occupations to Tier 1 of the Green List, effective from 15 December.  These are Midwives and Registered Nurses (who move from Tier 2 to Tier 1) and all medical doctors that are not currently listed under Tier 1.

A further occupational group, Auditors, will be added in March 2023 to the Tier 1 group.

As a reminder, Tier 1 occupations allow certain migrants with current employment or an offer of employment in that occupation to qualify for the Straight to Residence pathway under the suite of Skilled Migrant Residence visas that came into force in September 2022.  Potential applicants must meet any qualification, registration or remuneration thresholds as stipulated for their occupation in order to qualify for residence (in addition to English language, health and character requirements).

Changes to Tier 2 occupations

In addition to the widening of Tier 1 occupations, it was also announced that a further 10 occupational groups will be added to the Tier 2 group from March 2023.  These were announced as:
 

Migrants in these occupations (along with the existing Tier 2 occupations) will be able to apply for residence after working in their skilled occupation for at least 24 months in New Zealand.  As with the Tier 1 occupations, potential applicants must meet any qualification, registration or remuneration thresholds as stipulated for their occupation throughout the 24 month period, in addition to meeting English language, health and character requirements.
 

Extension of Employer Accreditation status

12 month automatic extension

All accredited employers will have their first approval period extended by 12 months, provided they first applied for accreditation status by 4 July 2023.  This means that all current accredited employers have had a further 12 month validity added to their status, and those who apply between now and 4 July 2023 will be granted a 24 month period of validity.

We note that currently it is unclear whether this automatic 12 month extension on validity also covers Triangular Employer and Franchisee accreditation status.  Employers with these forms of accreditation were intended to only ever receive a maximum of 12 months at each application, compared to Standard and High Volume accreditations that were to be valid for 12 months initially, then 24 months on renewal.

Expansion of accreditation system

The government’s intention during 2023 was to implement a broad requirement for ALL employers of migrants, even those on open work visas (such as partner work visas) to be accredited employers.  This intention has now been deferred to 2024 to allow Immigration New Zealand to focus on more pressing priorities.
 

Post Study Work Visa holders

Those people who held a Post Study Work Visa after studying in New Zealand but were unable to use the visa due to the border closures will be able to apply for a 12 month open work visa if they have not already travelled to New Zealand on another visa.
 

Critical Purpose Visitor Visa holders

Those critical workers who came to New Zealand on 12 month Critical Purpose Visitor Visas, and who have remained in the same role, will be eligible for a three year Specific Purpose or Event work visa.  This will require the holder to still be on their Critical Purpose Visitor Visa, be working in the same role and are being paid at least the same rate as when they applied for their Critical Purpose Visitor Visa.

Many of these visa holders have already changed over to long term work visas or gained residence under the 2021 Resident category, however those who remain on this visa will appreciate the opportunity provided.  Changing to the new three year work visa will allow such visa holders to access public health care going forward.

We appreciate that there is a lot of information to digest regarding the latest updates from Immigration New Zealand, so if you have any questions on the updates provided or would like to discuss the new changes further, please do not hesitate to contact us.

We would also like to take this opportunity to wish all of our clients and contacts a wonderful relaxing Christmas and new year with family and friends.  Our office will reopen on Monday 9 January 2023.

global@ajurialawyers.com 

The post New Zealand Updates To The Green List and Other Immigration Changes Announced This Week first appeared on Ajuria Lawyers – Leaders in Immigration.

The post Australian Federal Budget – Immigration Update first appeared on Ajuria Lawyers – Leaders in Immigration.

The post Australian Immigration Update first appeared on Ajuria Lawyers – Leaders in Immigration.

The Jobs and Skills Summit took place at Parliament House over 1-2 September, bringing together Australians, including unions, employers, civil society and governments, to address Australia’s shared economic challenges.

As a result of the consensus reached at the Summit, immediate actions will be taken to build a bigger, better trained, and more productive workforce. The Summit has also laid out priorities for further work and future action.

From an immigration perspective, the Government has agreed to a number of immediate initiatives including:

• Increasing the permanent Migration Program ceiling to 195,000 in 2022-23 to help ease widespread, critical workforce shortages
• Providing $36.1 million in additional funding to accelerate visa processing and resolve the visa backlog
• Increasing the duration of post study work rights by allowing two additional years of stay for recent graduates with select degrees in areas of verified skills shortages to strengthen the pipeline of skilled labour in Australia
• Extending the relaxation of work restrictions for student and training visa holders until 30 June 2023 to help ease skills and labour shortages

Areas identified for further work and action include:

• Assessing the effectiveness of the skilled migration occupation lists
• Expanding pathways to permanent residency for temporary skilled sponsored workers
• Raising the Temporary Skilled Migration Income Threshold (TSMIT). The current $53,900 TSMIT has not increased since 2013. The amount being debated is from $60,000 to $95,000
• Reforming the current labour market testing process following consultation with unions and business
• Examining the potential for industry sponsorship of skilled migrants

Finally, it was announced that an in-depth review of the Australian migration program will take place, led by Professor Brian Schmidt, Vice Chancellor of the ANU. The parameters of the review have not yet been confirmed. It has been indicated that the government will not wait until the review is complete before making changes to the migration program, with some adjustments occurring as the review is progressing.

As a firm, we welcome these initiatives and look forward to sharing more updates as they become available.

The post Skilled migration outcomes from the Jobs and Skills Summit first appeared on Ajuria Lawyers – Leaders in Immigration.

As most of our clients would know, the Australian government is struggling with visa processing delays. The Minister for Immigration, Citizenship and Multicultural Affairs has  provided an update stating he has directed the Department of Home Affairs to devote more staff to addressing the current visa backlog. The backlog in the processing queue was almost 1 million and the government states that more resources are being allocated to processing and to the training staff members that are being moved from other Government departments.

We are expecting delays will continue for some time as the new Minister states  that the processing of visas will continue to be a major priority for this Government – but reducing the backlog of applications can’t happen overnight.  The full media release can be found here.

We are in regular contact with the Department and the Minister’s office about the delays and have presented them with data about processing times and with some ideas about how these might be tackled. We are working on a briefing paper to be presented to the Minister’s office shortly.

In the meantime,  the new government  is also preparing for the ‘Jobs and Skills Summit’ to be held in Canberra in September 2022. The Summit is aimed to bring together Australians, including unions, employers, civil society and governments, to address our shared economic challenges.  It is likely to be a long process with submissions being opened over the next 12 months. More information on the Summit can be found here.

We understand the processing delays continue to affect our clients and the uncertainty of providing accurate estimates is difficult to work with. Please be assured your Ajuria Lawyers team is doing everything possible to lodge applications that are ‘decision ready’ so that matters can be finalised once allocated for processing. Despite this, you may continue to experience inconsistent processing times and unusual requests as newly appointed officers settle into their roles and the Department struggles to manage the backlog.

The post Visa Processing Update – Dealing with delays first appeared on Ajuria Lawyers – Leaders in Immigration.

In addition to our updates last week (here and here), further immigration changes were announced over the first weekend of July 2022.

New instrument for Labour Market Testing for TSS visa applications
JobActive is no longer active. Sponsors will now be required to post their advertisement on the new Workforce Australia website instead.

An advertisement posted on the Jobactive website (http://www.jobactive.gov.au) before 4 July 2022 can still be used to meet visa requirements. All existing JobActive adverts have been migrated and are available on the new site.

Sponsors can confirm date of posting through their Workforce Australia account but also by searching for the advertisement through the new website.

Vaccination certificates
Anyone entering Australia from 6 July 2022, will no longer need to show a vaccination certificate nor complete a Digital Passenger Declaration.

Please note that:

1. If you are transiting through another country, you should check any requirements for that country.
2. You should check any airline-specific requirements.
3. Quarantine or self-isolation requirements may still apply depending on the Australian state or territory of arrival. You should check these carefully before departure: https://www.australia.gov.au/states

Fair Work High Income Threshold
The Fair Work High Income Threshold (FWHIT) has increased to $162,000. This means:

• Those seeking an age exemption for Permanent Residence under the Employer Nomination Scheme will need to have a guaranteed income of at least that amount going forward.
• The Global Talent Independent and Global Talent Employer Scheme visa guidelines are likely to use this as the new guidance for that visa type.

Superannuation
The compulsory superannuation payment has increased to 10.5% per annum.

The post More Immigration Updates for the New Financial Year first appeared on Ajuria Lawyers – Leaders in Immigration.

The labour market testing (LMT) requirement is a critical part of the subclass 482 Temporary Skill Shortage (TSS) visa process.

As many are now well aware, in 2020 an additional requirement was introduced for businesses to advertise on the government JobActive website.

From 4 July, ‘Workplace Australia’ will replace JobActive as the Department of Education, Skills and Employment’s employment service.

The LMT requirement to advertise on the Jobactive platform will change to the Workforce Australia platform as a result.

The Department of Home Affairs will also provide suitable transitional arrangements so that employers who advertise on Jobactive prior to 4 July 2022 will not be disadvantaged.

Specific details about how the transition will take place are not yet known, but we would expect that existing ads on JobActive would migrate to Workplace Australia, and the JobActive website will redirect users to the new platform to avoid any confusion.

We will keep clients updated accordingly. In the meantime, further information about this new system can be found here: https://www.dese.gov.au/workforce-australia

As a reminder, to satisfy the LMT requirement, employers must advertise the role they wish to nominate on three national recruitment websites for at least 28 days in the four months prior to the nomination being lodged (including the JobActive – soon to be Workplace Australia – website).

The job ads must include:

• the title, or a description, of the position (ideally both);
• the skills or experience required for the position;
• the name of the approved sponsor;
• the salary for the position (if below $96,400).

If at the end of the LMT period no Australian was found to fill the role, a foreign national can be offered the role and visa sponsorship.

There is no discretion with assessment of the LMT requirement. If it is not satisfied in full at the time the business nomination is lodged, the nomination will be refused.  The nomination must be submitted with copies of the ads as they appeared online, and evidence of their post-date and duration as well as details of how many people applied and how many were offered roles (or if none, why not).

Limited exemptions apply, such as where the nominated person is:

• to receive a salary above AUD $250,000.
• an intra-company transfer (i.e. transferring to Australia from an associated entity overseas);
• a citizen of a WTO member country and has worked in Australia for the sponsor on a continuous, full-time basis for two years;
• citizen/national of China, Japan, Mexico, Thailand or Vietnam or a citizen/national/permanent resident of Canada, Chile, Korea, New Zealand or Singapore

The post LMT Update: Replacement of JobActive first appeared on Ajuria Lawyers – Leaders in Immigration.

It has been a big two years for Australian employers and the immigration world. To time with the new financial year, we have provided the below update of where things are at with most COVID restrictions lifted and a new Government in place.

[ps2id id=’0′ target=”/]

1. New Government & Immigration Minister
2. Processing backlogs & frustrations
3. Increase in government fees, TSMIT & FWHIT
4. New Permanent Residence pathways for certain short-term TSS visa holders
5. Third onshore TSS visas for certain short-term TSS visa holders
6. EOFY staff reviews
7. Increase in minimum wage & awards
8. Relaxation of work conditions for Students & Working Holiday visa holders
9. Temporary removal of requirements for the Graduate Work stream of the subclass 485 Graduate visa
10. Pandemic visa
11. Update on borders and vaccination requirements for travel

 New Government & Immigration Minister [ps2id id=’1′ target=”/]

On 23 May 2022, the Albanese Government assumed office and appointed Andrew Giles MP as Minister for Immigration, Citizenship and Multicultural Affairs.

The initial signs of this government change are positive, with a focus on basics such as improving processing times and dealing with the critical skill shortages in Australia. The longer-term policy objectives are likely to include increased pathways to permanent residence (PR), but it is not yet clear exactly what levers will be used to achieve this. Labor will need to balance demands of the unions for improved training and job creation for Australians with the demands of employers for quicker solutions to very significant skill gaps and shortages.

BACK TO TOP

Processing backlogs & frustrations [ps2id id=’2′ target=”/]

As a result of the 2020-2021 border closures, there is an enormous backlog and delay with processing of all visas and in particular skilled visas. The Department currently has over 22,000 TSS visa applications alone outstanding, with:

• 2,000 lodged 12 or more months ago
• 3,500 lodged between 6-12 months ago
• 16,500 lodged within the last 6 months

BACK TO TOP

Increase in government fees, TSMIT & FWHIT [ps2id id=’3′ target=”/]

The beginning of a new financial year usually sees an increase in government visa application and the Fair Work High Income Threshold (FWIT).

Although no announcement has been made yet on the FWHIT, the increase in government fees from 1 July have been released today. The increase in fees for the visa types most commonly utilised by employers is as follows:

The Administrative Appeals Tribunal has also announced that the lodgement fee for an appeal will increase to $3,153.

These has been ongoing debate on whether the Temporary Skilled Migration Income Threshold (TSMIT) (which is currently set at $53,900) will be increased. Whilst the new Government gets settled, it is unlikely that we will see a change to the TSMIT on 1 July but this could be on the cards in the future.

BACK TO TOP

New Permanent Residence pathways for certain short-term TSS visa holders [ps2id id=’4′ target=”/]

From 1 July 2022, employers will be able to nominate certain short-term subclass 482 Temporary Skill Shortage (TSS) visa holders for permanent residence under the Temporary Residence Transition stream of the subclass 186 Employer Nomination Scheme (ENS) visa. The short-term TSS visa holder will need to:

• Have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
• Meet the usual temporary transition stream requirements for PR (including having worked for the business for at least three years as a TSS visa holder, with concessions for COVID-19 related stand-downs/reduction in hours etc.)

The grandfathering period for those who held, or had applied for, a subclass 457 visa as of 17 April 2017 has also been extended.

BACK TO TOP

Third onshore TSS visas for certain short-term TSS visa holders [ps2id id=’5′ target=”/]

From 1 July 2022, short-term TSS holders will be able to apply for a third TSS visa onshore without departing Australia if they:

• were in Australia as the holder of a short-term TSS visa at least 12 months between 1 February 2020 and 14 December 2021; and
• make that further application before 1 July 2023, unless the Minister specifies a later date.

These changes were announced to facilitate the pathway to a permanent visa for the cohort mentioned above, for situations where the three year employment requirement won’t be met before the second TSS visa expires.

BACK TO TOP

EOFY staff reviews [ps2id id=’6′ target=”/]

The end of the financial year means staff review time for a lot of businesses.

With 30 June fast approaching, it is important to remind those who employ 457/TSS visa holders that these employees have been approved to work in their nominated occupations only. While a promotion within the same occupational stream (and any associated salary increase) will generally comply with their 457/TSS visa conditions, a move into a different role must be carefully considered.

If a new role for a TSS visa holder would fall into a different occupation, a new TSS nomination and visa application will need to be lodged and approved for the role change can occur. For 457 visa holders, only a new nomination will need to be lodged and approved.

Please discuss any proposed role changes with your Ajuria adviser to ensure that your visa holders will continue to be compliant.

BACK TO TOP

Increase in minimum wage & awards [ps2id id=’7′ target=”/]

Following its Annual Wage Review 2021-22 , the Fair Work Commission made announcements in relation the National Minimum Wage and Award Minimum Wages. We recommend that all salaries and awards for visa holders in Australia are reviewed before 1 July for compliance. Whilst a sponsored visa holder may have been approved with a certain salary, the visa holder must continue to be paid the relevant Award where applicable.

BACK TO TOP

Relaxation of work conditions for Students & Working Holiday visa holders [ps2id id=’8′ target=”/]

Working Holiday visa holders can continue to work for the same employer for more than 6 months until at least 31 December 2022, when this temporary concession will be reviewed.

Working Holiday visa holders impacted by COVID may also be eligible to apply for a further working holiday visa without doing the usual 3 or 6 months of specified work. Please contact your Ajuria advisor for more information where needed.

Student visa holders are also able to work full time in any sector, including secondary visa holders. They are also able to work before their course of study commences.  This concession has been in place since January 2022 and will continue until further notice from the Department.

Employers should keep up to date of any changes to visa conditions, including work rights by checking the Department’s website regularly.

BACK TO TOP

Temporary removal of requirements for the Graduate Work stream of the subclass 485 Graduate visa [ps2id id=’9′ target=”/]

It has been announced that for the 2022-23 financial year, the following requirements will not apply for the Graduate Work stream of the subclass 485 Temporary Graduate visa:

• an occupation on the Medium and Long-term Strategic Skills List;
• a degree, diploma or trade qualification closely related to that occupation; and
• a successful skills assessment.

These temporary changes will allow a broader range of graduates with degree, diploma and

trade qualifications to live and work in Australia for a further temporary period (18 months). Of course, the qualifications must have been obtained in Australia whilst holding a student visa within 6 months of applying for the 485 visa.

This is a welcome change, as it is another potential option for employers to retain foreign workers who would not otherwise be eligible for the TSS visa (or, as an alternative to the cost of the TSS visa).

BACK TO TOP

Pandemic visa [ps2id id=’10’ target=”/]

The COVID-19 Pandemic stream of the subclass 408 Temporary Activity visa remains available to all sectors. At time of application, the applicant must:

• have evidence of employment or an offer of employment
• hold a substantive visa with work rights that expires in 90 days or less, or one that expired 28 days ago or less

For people working in agriculture, food processing, health care, aged care, disability care, childcare, and tourism and hospitality, the visa will be granted for 12 months.

For all other sectors, 6 months.

If the person arrived in Australia on or after 21 February 2022, they must hold a substantive visa with work rights otherwise they will not be eligible for the pandemic visa, unless they have a job offer from a Commonwealth funded aged care service.

Update on borders and vaccination requirements for travel [ps2id id=’11’ target=”/]

There are still some COVID travel requirements/restrictions depending on the Australian Territory or State of arrival (including quarantine rules depending on the State). There are two sets of processes to undertake – before and after arrival. We recommended these are checked frequently before travelling  as requirements can change without notice:

Before arrival in Australia: see checklist here, which includes completing the Australian Declaration form here. The PCR test requirement no longer needed for travel to Australia since 17 April 2022.

Vaccination status

• If vaccinated in Australia: International COVID 19 Vaccination certificate ICVC.
• If vaccinated overseas, will need to present a foreign vaccination certificate that meets all of the requirements outlined here.

After arrival in Australia, follow the rules of each State here.

BACK TO TOP

DISCLAIMER This information is current as of 24 June 2022 and is subject to change with little notice. This publication is of a general nature only and should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

The post New Financial Year, New Government – an Update on Australian Immigration first appeared on Ajuria Lawyers – Leaders in Immigration.