Category Archives: Australia

Categories Australia

Australian Federal Budget 2023-2024 – Migration Impacts

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Australia’s federal government has handed down its 2023-2024 budget with the following announcements related to the migration portfolio:

Migration Planning Levels

The 2023-24 migration planning level will be 190,000 places, with 137,100 (70%) allocated to the skilled migration stream. This follows the announcement over the weekend to remove restrictions to enable 482 TSS visa holders in the short term stream to access permanent residence pathways and to reduce the Australian work requirement from 3 to 2 years.

Client impact:  All sponsored employees to have a pathway to PR (subject to meeting all other requirements). This pathway will be available after 2 years working for their sponsor. Clients should review their PR policy and visa holder lists to plan for communications and budget implications.

Increase in Fees and Charges

The Government will increase Visa Application Charges from 1 July 2023. The increases vary according to visa classes between 6% and 40%:

Visa Classes Current fee Percentage increase From 1 July 2023
Subclass 400 $315 15% $362
Subclass 482 (TSS Visas) $1,330 – $2,770 6% $1,409 – $2,936
Business innovation and investment visas Varies 40% Varies
Other visas Varies 6% Varies
Pacific Engagement Visa and Pacific Australia Labour Mobility visas Exempt from increase

 

Client impact: Costs increase. Consider whether any benefit to lodging any renewals before 1 July 2023.

Increase in TSMIT

As previously announced, the Government will increase the Temporary Skilled Migration Income Threshold from the current rate of $53,900 to $70,000 from 1 July 2023.

Client impact: No ability to sponsor new TSS employees under $70,000. Possible impact on market rate in the business for all employees in affected occupations. Consider lodging new applications and renewals before 1 July 2023.

Visa processing

Visa processing capacity to be supported with funding of $75 million allocating part of this amount to support 500 visa processing officers, in an effort to manage the number of visa applications on hand. $27.8 million of this amount will be allocated over two years to upgrade existing visa ICT systems to improve visa service delivery efficiency.

Client impact:  Improved processing times are expected for most clients and applications.

Compliance monitoring

$50 million allocated over 4 years from 2023–24 (and $15.3 million per year ongoing) for additional enforcement and compliance activities to maintain the integrity of the migration system.

Client impact:  Increased risk of compliance activity such as an audit. Review all processes to ensure compliance. Consider a self-audit.

Temporary Graduate Post Study Rights

Temporary Graduate visa holders with select degrees will be eligible for an extra 2 years of post-study work rights to improve the pipeline of skilled labour in key sectors from 1 July 2023.

Client impact:  Increased importance of graduate hiring in some industries to access this talent pool without the need to sponsor.

International students working hour cap

As previously announced the working hours cap will be 48 hours per fortnight from 1 July2023.

However international students working in the aged care sector will be exempt from the capped fortnightly work hour limit until 31 December 2023.

Client impact:  Need to adjust work schedules to avoid employment in breach of visa conditions.

Pacific Australia Labour Mobility Scheme

Additional training places will be created for Pacific Australia Labour Mobility scheme workers in priority sectors for the Pacific and Timor-Leste and where there are job shortages in Australia.

Client impact:  Access to increased labour pool.

Skills Assessment – Improved Skills Recognition

The Government is re-scoping 2 Skills Assesment Pilot to provide onshore migrants with fast-tracked skills assessments, free employability assessments, and access to further training to improve their employment prospects.

The Mechanism for the Mutual Recognition of Qualifications will ensure students from India and Australia will have greater certainty that the qualifications they attain will be recognised by both countries.

A full copy of the Budget papers are available at 2023-24_Home Affairs Portfolio_PBS

The post Australian Federal Budget 2023-2024 – Migration Impacts first appeared on Ajuria Lawyers – Leaders in Immigration.

Categories Australia

Australian Immigration Update Increase in the Temporary Skilled Income Threshold

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Increase in the Temporary Skilled Income Threshold (TSMIT) to $70,000 & expanded pathways to permanent residence

 

On 27 April 2023 the Minister for Home Affairs, the Hon Clare O’Neil MP announced an increase in the TSMIT as well as expanded pathways to permanent residence for employer sponsored temporary skilled visa holders as per our previous update.

Over the weekend the Department released further information:

Increase of the TSMIT  – Temporary Skilled Migration Income Threshold

  • From 1 July 2023, the TSMIT will increase from the current $53,900 to $70,000.
  • New nomination applications lodged after this date will need to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher.
  • The government has now confirmed this change will not affect existing visa holders and approved nominations lodged before 1 July 2023. It will only affect nominations lodged after this date.

Expanded pathways to permanent residence

By the end of 2023:

  • The Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa will be available to all Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them.
  • Applicants will need to continue to work in the occupation nominated for their TSS visa(s).
  • Occupations eligible for TRT will not be limited to the Medium and Long-term Strategic Skills List (MLTSSL).
  • Eligibility for the TRT stream will be reduced from 3 years to 2 years employment with the sponsoring employer.
  • Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa such as English, health and character requirements.
  • There are no further updates such as changes to the age requirement.

Lodgement of further TSS visas

  • To facilitate these pathways, the Government is also removing limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia, stating that this is an interim measure to assist those currently onshore who would normally need to go offshore to make further visa applications.
  • As it is a requirement to hold a TSS visa to apply for a 186 under the TRT stream, those with TSS visas expiring before the changes are implemented, will need a further TSS visa.  Other visa types of visas such as a 408 pandemic visa would normally not be suitable as a bridging gap.

This is the only information available to date with the government stating that more information will be available on both of these measures closer to their implementation date.

The post Australian Immigration Update Increase in the Temporary Skilled Income Threshold first appeared on Ajuria Lawyers – Leaders in Immigration.

Categories Australia

New Zealand – Accreditation Employer Compliance Checks

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Immigration New Zealand has announced that the Minister of Business, Innovation and Employment (MBIE) will commence compliance checks to confirm that Accredited Employers are meeting their obligation under the Accredited Employer policy

A percentage of all accredited employers will be checked each year. Any employer may be selected as Immigration New Zealand in using selection criteria designed to get a representative sample of New Zealand employers. The checks can be either desk-based or through site visits.

MBIE may request the following information when carrying out their compliance checks: New Zealand – Accreditation employer compliance check.

  • financial statements to show financial viability
  • evidence of PAYE payments to migrant employees
  • evidence of payment by employers to offshore recruitment agents of their migrant employees
  • hiring dates of migrant employees
  • evidence that employers have provided settlement information to their migrant employees
  • logs of hours worked by migrant workers
  • information on key persons involved in the employers business and their role.

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.

The post New Zealand – Accreditation Employer Compliance Checks first appeared on Ajuria Lawyers – Leaders in Immigration.

Categories Australia

Australian Immigration Update Minister Clare O’Neil National Press Club address on changes to the Migration Program

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The Australian Government yesterday announced a number of important changes to the Australian immigration program.

In a speech at the National Press Club in Canberra, the Minister for Home Affairs & Minister of Cyber Security, The Hon Clair O’Neil MP outlined the Government’s intention to create a new migration system for Australian’s future. The message from the Minister was ‘If population or perish described Australia’s challenge in the 1950’s, skill up or sink is the reality we face in the 2020’s and beyond.’

The following is a brief summary of the main points covered by the Minister and noting no legislation has been released.

Now

  • Government published the final report of the ‘Review of the Migration System’ and its ‘Outline for A Migration System for a More Prosperous and Secure Australia’. Together more than 200 pages.

Starting on 1 July 2023

  • Increase on the Temporary Skilled Migration Income Threshold (TSMIT) to AU$70,000. This will affect visas lodged after 1 July 2023 and not current visa holders although we are yet to see legislation.
  • Citizenship pathway for New Zealand citizens in Australia.

Starting end of 2023

  • Permanent Pathway for 2-year TSS visa holders. Details are yet to be released.

Future changes

  • Make it simpler – less visa classes, less complexity – draft plans includes the following employer sponsored pathways:
    • Fast pathway – simple route for specialised, highly skilled workers – ‘we need to drive innovation in our economy, and to help us build the jobs of the future’
    • Standard pathway – above TSMIT (AU$70,000) – to bring in the core skills we need. ’For this stream, we would focus on proper, evidence-based assessments of skills needs, rather than the current outdated approaches that everyone agrees are not working’
    • Essential industries – tripartite input Jobs & Skills Australia, employers and unions.
  • Make it faster – more resources for Home Affairs.
  • Create more pathways to PR and less ‘temporary only’ visas.
  • Increase compliance & integrity.
  • Redesign the student program and how that feeds into skilled migration – faster simpler pathways but with integrity ensuring that students genuinely study.
  • Improve skills recognition.

We will be following announcements of further changes closely and will be in touch with clients impacted. In the meantime, feel free to reach out to your Ajuria adviser.

The post Australian Immigration Update Minister Clare O’Neil National Press Club address on changes to the Migration Program first appeared on Ajuria Lawyers – Leaders in Immigration.

Categories Australia

Skilled Refugees: an untapped talent pool Webinar presented by Ajuria lawyers & Talent Beyond Boundaries

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There are millions of skilled refugees and displaced persons around the world who are looking for an opportunity to find a permanent home. This is a largely untapped source of willing and deserving people.

TBB connects these skilled individuals with employers and assists to facilitate recruitment, relocation and visa pathways. Ajuria Lawyers has already helped many refugees and business to help make this happen.

Learn more about this and how your business might become involved in changing lives by tapping into this new and exciting talent pool.

Join our webinar to learn more

Thursday 4th May 2023 , 11 AEST

Register here

The post Skilled Refugees: an untapped talent pool Webinar presented by Ajuria lawyers & Talent Beyond Boundaries first appeared on Ajuria Lawyers – Leaders in Immigration.

Categories Australia

New Year Newsletter – January 2023

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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:
 

Accredited Sponsors

TSS

1 to 2 months

PR

5 to 6 months

Non-Accredited Sponsors

TSS

2 to 5 months

PR

6 to 12 months plus

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.

Categories Australia

New Zealand Updates To The Green List and Other Immigration Changes Announced This Week

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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:
 

 Civil Construction Supervisors

 Gasfitters

 Drainlayers

 Skilled Crane Operators

 Skilled Civil Machine Operators

 Halal Slaughterers

 Skilled Motor Mechanics

 Skilled Telecommunications Technicians

 Primary School Teachers

 All secondary teachers not already included

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 

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