Migration policy has always been at the forefront of Australian politics but interestingly not much was debated on Immigration at this election with both parties choosing to not give it much attention.

What is certain is that this weekend’s election has brought a new government to Australia. It is not yet clear whether the Australian Labor Party will lead with a majority and during its election campaign, it did not release any hard and fast policies on migration. However, it did signal that the system needs an overhaul. Whilst we await for the new Minister for Immigration to be appointed and the portfolio to take shape, we know that Labor’s former spokeswoman for Home Affairs, Kristina Keneally will not be the Minister for Immigration as she lost her parliamentary seat of Fowler.

Permanent vs Temporary

Labour has stated:

Our new Prime Minister Anthony Albanese signaled Labor may consider granting foreign workers permanent residency:

If you have people who are coming here temporarily, year after year, spending month after month here, why don’t we give them a bit of certainty and actually allow people to stay who are making a contribution to the country? Mr Albanese told the National Farmers Federation conference in April.

In its Australian Labor Party’s National Platform, it stated:

Labor will ensure Australia’s migration favours permanent over temporary migration, to create a nation of people with equal rights and a shared interest in our national success.

On temporary migration, Labor’s priority is to ensure that job opportunities are offered to local workers first and that temporary migration will never be used as a means to undercut local wages, conditions and training opportunities. Acknowledging that skilled temporary migrants can help Australian businesses to thrive but will only be used where a verifiable skill shortage exists.

Labour Market Testing

It appears the Labour Market Testing rules will remain and if anything, expanded:

Labor in Government will legislate to ensure that temporary skilled visas are utilised only where suitably qualified Australian residents and citizens are not available and cannot be trained in a reasonable time. Labor supports the retention and improvement of labour market testing to protect the legitimate interests of Australian workers. Labor will develop a tripartite process with unions, businesses and Government to support this process.

It also signaled that it will not entertain further labour market testing exemptions under newly created International Trade Agreements.

Labour Agreements

Labor emphasized that any process to obtain a Labour Agreement must be thorough, genuine, with effective consultation with trade unions and have rigorous oversight applied to its operation. Labour Agreements must only be used to address acute and temporary skill shortages across regional Australia. Importantly, overseas workers should only be a temporary need, not part of permanent business model.

For Labour Agreements, it indicated that Labor will increase the Temporary Skilled Migration Income Threshold and enforce an approval process that requires the Department of Home Affairs to consult with trade unions and apply greater scrutiny and compliance measures against employers. Labour Agreements must be assessed regularly, with the skills and training of Australians focussed on ending labour shortages and employing Australians.

Compliance

The government states it will ensure migrants, including refugees, are not economically exploited and have full access to the relevant workplace rights and protections.

Working Holiday Visa Program

We have seen the Working Holiday Visa program not only expanded to other counties but also used as a measure to fill skill shortages with the relaxation of employment conditions. Labor stated it will, as part of a broader review of the purpose and structure of Australia’s migration program, reform the Working Holiday Maker program to better protect the rights and conditions of visa holders as well as assessing its impact on regional labour markets and industries.

Regional

Labor stated it will reform the regional migration program and encourage skilled migrants to take up jobs in rural and regional locations only where skill gaps exist. In a bid to foster bolder relations with the Pacific following the inking of the China-Solomon Islands security pact, Labor also says it would reform the Pacific mobility scheme and create a new engagement visa to encourage more migration.

Citizenship

Labor will encourage migrations to become citizens and remove unnecessary and unintended barriers to citizenship, providing a clear and efficient pathway to citizenship.

Asylum Seekers

On its Asylum Seeker policy Labour stated it backed the  Operation Sovereign Borders, which means it supports third-country resettlement of asylum seekers and boat turnbacks “where safe to do so” but it committed to scrapping Temporary Protection Visas.

Whatever new migration program is announced, it will be as important as ever to ensure that your business is fully compliant and seen as a model employer. If you have not done so recently, we would strongly urge all sponsors to conduct a detailed audit of all visa holder employees and to ensure that company policies and processes comply with all migration laws and best practice.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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More good news as the Government continues to make changes to the legislation before the election is announced and it moves into caretaker mode.

From 1 July 2022, subclass 482 holders on the Short-term list (STSOL) will be able to apply for a third subclass 482 visa onshore without departing Australia, where they:

• were in Australia as the holder of a subclass 482 visa in the Short-term stream for periods that total 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.

Changes to facilitate the pathway to a permanent visa for this cohort as summarised in our recent update.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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The Government intends to reinstate Migration Program planning levels to 160,000 permanent residence visas in 2022-23.

Skilled visas

Skilled stream visas will account for 70% of the program with a total of 109,900 places. This represents an increase of approximately 30,000 places over the 2021-22 program, with 20,000 of these places resulting from the overall increase in the program and 10,000 redistributed from the partner program.

The Government contends that will further support the economic recovery by increasing the places available for skilled visa holders.

Skilled Stream Planning levels
Visa stream	2022-23	2021-22
Employer sponsored	30,000	22,000
Skilled Independent	16,652	6,500
State and Territory Nominated	20,000	11,200
Regional visas	25,000	11,200
Business and Innovation and Investment	9,500	13,500
Global Talent	8,488	15,000
Distinguished Talent	300	200
Total	109,900	79,600

Interestingly and consistent with the trends we have been noticing, the number of Global Talent visas will be reduced by almost 7000 visas. Although, the Government will provide $19.5 million over 2 years from 2022‑23 to continue the Global Business, Talent and Investment Taskforce, as the renamed Global Australia Taskforce, to attract talented individuals and international investment to Australia.

Family visas

Family visas will be allocated the remaining 30% of places within the program, with 10,000 places redistributed from the partner visa category to the skilled stream. Longer wait times for partner visas might be expected as a result. Parent visas have received a small increase in allocation.

The Humanitarian Program will be maintained at 13,750 places in 2022-23. The size of the program will remain as a ceiling, not a target.

Work and Holiday

WHM places will increase by 11,000 (30%) in 2022-23.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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Many will recall the new Accredited Employer Work Visa framework and associated mandatory accreditation standards that were due to come into effect on 1 November 2021.  The introduction of the new framework was deferred on 16 July 2021.  Immigration New Zealand confirmed on 22 March 2022 that the new framework will continue to go ahead with an updated planned launch date of 4 July 2022.

Accredited Employer Work Visa Framework refresh
The new Accredited Employer Work Visa (AEWV) replaces six work visa streams, some of which have already closed such as the Talent (Accredited Employer) Work Visa.  The Essential Skills Work Visa will close on 3 July 2022.

The new framework will introduce three checks before an employer can hire a migrant worker on an Employer supported work visa.

1. Employer Check: Employers need to be accredited.
2. Job Check: Checks will be completed to confirm the terms and conditions of the offer of employment, comply with employment laws, and the labour market test (where relevant) has been met.
3. Migrant Worker Check: Migrants must show they meet health, character and identity requirements and hold the skills and experience stipulated as part of the employer’s job check application.

All employers will be required to be accredited with Immigration New Zealand in order to hire a migrant under the new AEWV.  This includes employers who were accredited under the previous immigration system.  No transition policy applies.

Employers who do not employ migrants on employer supported work visas (e.g., Open work visas like Working Holiday Visas, Partnership work visas or Post-study work visas) or who only utilise visa pathways not covered by the change, such as Specific Purpose or Event Work visas, are not required to become accredited under the new system.

Immigration Rebalance
As part of the New Zealand government’s planned rebalance of the immigration system, several changes have been made to the new AEWV framework that differ to what has previously been announced.  These changes include:

• The introduction of a new minimum pay threshold set at the median wage
• Removal of regionalised labour market testing settings and more streamlined processing for employers in the regions paying at or above median wage
• Mandatory advertising of all vacancies unless paid twice the median wage
• Removal of requirement for High-volume Accredited Employers to pay at least 10% above minimum wage or be covered by a collective agreement
• Alignment of requirements for Standard and High-volume Accredited Employers
• Re-confirmed the ability to upgrade from Standard or High-volume Accreditation during an accreditation period

New minimum pay threshold
Immigration New Zealand has introduced a new minimum pay threshold set at the median wage to the AEWV framework.  This means an AEWV will in most instances, only be able to be obtained for roles paid at or above New Zealand median wage.

In addition to the introduction of the minimum pay threshold, Immigration New Zealand have also announced an increase to the median wage from $27.00 to $27.76 an hour effective 4 July 2022.  While this date is in line with when the AEWV opens for applications, employers submitting Job Checks from 20 June 2022 in advance of the AEWV opening will need to use the new median wage figure in order for the Job Check to remain valid.

Whether exemptions to the minimum pay threshold will exist for certain occupations or industries is yet to be confirmed and is currently under review by the Government.  Any exemptions are expected to be limited and further announcements are to be released by mid-April.

Removal of regionalised labour market testing
Immigration New Zealand and the New Zealand government had previously intended to utilise a regionalised labour market testing system for Job Checks under the new AEWV framework.  For example, where a role was in a location designated as a ‘region’ and was being paid at or above the median wage, no labour market testing would be required.  In contrast, if a role was in a location designated as a ‘city,’ labour market testing would apply.

This regionalised system has now been removed in favour of a more simplified Job Check process.  Under the updated framework, all employers will need to provide evidence of advertising when submitting a Job Check regardless of the location of the role, unless the position is paid twice the median wage ($55.52 an hour).

Timeline
The timeline for implementation of the AEWV framework has also changed.  The key dates are now as below:

• 23 May 2022: New online accreditation application system opens
• 20 June 2022: Job Check applications open for Accredited employers
• 3 July 2022: Closure of ability to apply for Essential Skills work visas under existing immigration framework
• 4 July 2022: New temporary work visa framework goes live, and migrants can apply for an AEWV where the employer is Accredited, and the Job Check has been completed (including from offshore)

A webinar invitation will follow shortly but if you have any questions on the updates provided or would like to discuss the new framework further, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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Following the announcement in November last year, the Government has just released legislation to create a permanent residence pathway for certain visa holders who are employed in two-year occupations (STOSL – Short Term Stream) that would normally not be eligible for PR.

From 1 July 2022, employers will be able to nominate short-term subclass 482 TSS visa holders in two-year occupations for permanent residence under the Employer Nomination Scheme (ENS) if the employee:

1. was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; AND
2. meets the usual rules for ENS under the temporary transition scheme (including any COVID concessions)

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

We are in the process of reviewing the relevant regulations and policy and will provide a more detailed update on Monday noting that applications under these concessions for PR cannot be lodged before 1 July 2022.

We are very excited for the opportunities this will offer employees of our clients and the boost to the Australian economy.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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The Australian Government has just released Regulations supporting the earlier policy announcement of the Prime Minister on 23 February 2022, extending the visas of certain Ukrainian passport holders and their family members (regardless of passport nationality) by six months.

Under the Regulations holders of the the below visas who were in Australia on 23 February 2022, will have their visas automatically extended by six months if the visa has expired since 23 February 2022, or would otherwise expire before 1 July 2022.

• Subclass 400 (Temporary Work (Short Stay Specialist)) visa
• Subclass 408 (Temporary Activity) visa
• Subclass 457 (Temporary Work (Skilled)) visa
• Subclass 482 (Temporary Skill Shortage) visa
• Subclass 485 (Temporary Graduate) visa
• Subclass 500 (Student) visa
• Subclass 600 (Visitor) visa

The extension is granted automatically and no action is required by the visa holder.

For more information please contact your Ajuria Lawyers advisor.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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The second stage of New Zealand’s border reopening came into effect on 14 March 2022. While the morning began with limited information on the operational instructions and policy to support the first stage, this has since been released and many are excited for the change and what for many employers, is the first opportunity they have had to bring skilled talent into New Zealand for almost 2 years.

As a reminder, Prime Minister Jacinda Ardern announced on 3 February 2022 that Government Managed Isolation and Quarantine (MIQ) would be removed and replaced with self-isolation at home, in 5 distinct stages beginning on 27 February 2022 and finishing with a full reopening of New Zealand to the world by October 2022.

Stage 1 27 February 2022	Fully vaccinated New Zealanders and other eligible travellers such as holders of a Critical Purpose visa arriving from Australia can travel to New Zealand from 11:59pm on Sunday, 27 February 2022 without the need to enter MIQ and without the need to isolate if arriving on or after 11:59pm on Wednesday, 2 March 2022.
Stage 2 (a) March 2022	From 11:59pm on Friday, 4 March 2022 fully vaccinated New Zealanders and other eligible travellers from all other countries can travel to New Zealand without the need to enter MIQ or isolate.
Stage 2 (b) March 2022	From 11:59pm on Sunday, 13 March 2022 critical workers earning $40.50/hour or $84,240 per annum and their dependent family can seek a Border Exception to be able to enter New Zealand with no requirement to evidence their skills are not available in New Zealand. Partners and dependent children of temporary visa holders currently in New Zealand and being paid at least $40.50/hour or $84,240 per annum can also apply for a Border Exception to join their partner or parent in New Zealand (further information below). Working Holiday schemes reopen on a rolling basis (further information below).
Stage 3 12 April 2022	Up to 5,000 international students will be able to enter New Zealand ahead of Semester 2 from 12 April 2022 Temporary Work and Student Visa holders outside of New Zealand can travel to New Zealand as long as they still meet the conditions of their visa.  Temporary Work and Student Visa holders currently in New Zealand can also travel abroad and return to New Zealand without requiring a Border Exception. Further changes may be made to Border Exception categories and approved classes of workers.
Stage 4 July 2022	Australian citizens, permanent residents and other travellers from Australia as well as Accredited Employer Work Visa (AEWV) Holders and Visitors from Visa Waiver countries will be able to enter New Zealand without the need to enter MIQ from July 2022 at the latest.  It is possible this date will be moved forward. AEWV holders are expected to be limited to roles paid above the New Zealand median wage (currently NZD 27/hour).
Stage 5 October 2022	The New Zealand border will reopen in full to all travellers including visitors.

Since the Prime Minister’s announcement, the need for self-isolation for eligible full vaccinated travellers who test negative on arrival has been removed.  MIQ remains for unvaccinated New Zealanders.  Pre-departure Covid-19 testing for all travellers to New Zealand, unless they have a medical exception also continues to be a requirement for entry. An up to date overview of the 5 stages of the border reopening is provided below.

Accessing Critical Workers
From today, employers who have made a permanent or fixed term offer of employment for over 6 months, to an offshore employee with a remuneration of at least $40.50 an hour (or $84,240 per annum based on a 40-hour working week) can apply for a Border Exception to allow that skilled worker to enter New Zealand despite ongoing border restrictions.

Employers are no longer required to demonstrate that the skilled worker’s skills are not readily obtainable in New Zealand. Therefore, labour market testing is no longer required.

Skilled workers who have a Border Exception request approved under these criteria will be invited to apply for a Critical Purpose Visitor Visa or Critical Purpose Variation of Conditions. Once the Critical Purpose Visa or Variation has been issued, they are free to travel to New Zealand.  Dependent family can be included in the Border Exception and subsequent Critical Purpose application. Once onshore, individuals may choose to apply for longer term temporary visas to obtain work rights for partners, access to publicly funded health care etc.

It is important to note that Skilled workers travelling to New Zealand under the new Border Exception criteria will not be eligible to apply for Residence under the One-off 2021 Resident Visa category introduced late last year.

Working Holiday Schemes Reopened
Working Holiday Schemes have begun to reopen from today, 14 March 2022, with applications opening from 10am this morning for nationals of the following countries:

Belgium	Germany	Norway
Canada	Ireland	Sweden
Denmark	Italy	United Kingdom
Finland	Japan	United States of America
France	Netherlands

 

The reopening of Working Holiday schemes is expected to both support employers, especially those in hospitality and the primary sectors who are facing worker shortages and provide a boost to New Zealand’s tourism sector ahead of the reopening of the borders more broadly to tourists later in the year.

In addition, Immigration New Zealand have granted new Working Holiday Visas to approximately 19,500 people who were previously granted a Working Holiday Visa on or after 20 March 2019 but have not been able to enter New Zealand and have not subsequently been granted a new visa under a different category.  Those Working Holiday Visa holders who are offshore and continue to hold valid Working Holiday visas have also been granted an extension to their first entry before date conditions.

These people have been contacted directly by Immigration New Zealand and have until 13 September 2022 to enter New Zealand and validate their visas.

The remaining Working Holiday Schemes will re-open in the following order:

7 April	Slovenia	14 July	Thailand
20 April	Hungary	21 July	Turkey
21 April	Spain	4 August	Vietnam
3 May	Slovakia	10 August	Croatia
4 May	Austria	11 August	Peru
10 May	Luxembourg	18 August	Brazil
11 May	Poland	30 August	Argentina
17 May	Korea	6 September	Chile
24 May	Latvia	13 September	Uruguay
31 May	Czech Republic

 

The demand for these Working Holiday schemes in the face of ongoing global uncertainty remains to be seen but Immigration Minister, Hon. Kris Faafoi has said that New Zealand’s response to Covid-19 and low case numbers and deaths in comparison to the OECD is likely to make New Zealand an attractive place for working holidaymakers to visit.

If you have any questions on the updates provided or would like to discuss how you might support your offshore employees to enter New Zealand, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

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The Minister for Immigration, The Hon Alex Hawke MP announced on 2 March 2022 further temporary changes to some visas in Australia’s temporary visa program:

Skilled-Recognised Graduate (Subclass 476) visa holders
The Skilled-Recognised Graduate (Subclass 476) allows recent engineering graduates to live, work or study in Australia. Eligible 476 visa holders who lost time in Australia as a result of COVID-19 international border restrictions will have their visas extended for a period of 24 months.

The extension is expected to take effect in April 2022, and eligible visa holders will be notified directly by the Department of Home Affairs of the extension of their visa and may arrive in Australia after this occurs. It will also apply to people whose visas have already expired, providing they were unable to use the full length of their original visa due to COVID-19 international travel restrictions.

Training (Subclass 407) visa holders
The Government is temporarily removing the limit on secondary Training (subclass 407) visa holders’ working hours across all sectors of the economy.

This change takes effect immediately for existing and new secondary Training visa holders and will be reviewed in April 2022.

Access to COVID-19 Pandemic Event (Subclass 408) visas
Temporary visa holders with work rights will be able to access the COVID-19 Pandemic Event (Subclass 408) visa incurring no Visa Application Charge if they work in any sector of the Australian economy for a period of 6 or 12 months.

Temporary visa holders working in, or intending to work in, any sector of the Australian economy will be able to apply for the Pandemic Event visa up to 90 days before their existing visa expires. They will be able to remain in Australia for:

• up to 12 additional months if working or intending to work in a key sector (including agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality); or
• 6 months if working or intending to work in any other sector.

The new arrangements will only be available for Pandemic Event visa applications made on or after 21 February 2022 by:

• Temporary visa holders who were in Australia prior to 21 February 2022; and
• Temporary visa holders who arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application.

For more information, please contact your Ajuria Lawyers solicitor.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It 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.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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