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IMPACT – MEDIUM
What is the change? Legislation that would authorise the government to charge employers who sponsor foreign workers a new fee to skill Australians did not proceed to a Senate vote because time expired during debate over amendments.
What does the change mean? The debate will continue at a later date, but in light of the legislative calendar, it appears that the skills fee will not pass before the introduction of the Temporary Skill Shortage visa in March.
Background: The Skilling Australia Fund Bill 2018 would mandate that all employers sponsoring foreign workers pay into a fund to help upskill the resident labour force. The bill passed the House and moved to debate in the Senate. An amendment to the Labour Market Testing requirement was successfully added. That amendment would require that advertising start within four months of a nomination and run four weeks, state relevant skills and be targeted so that a significant proportion of Australians would be informed about the position. Another amendment would exempt companies with turnover of A$5 million or less from having to pay the new skills fee.
BAL Analysis: Employers should be aware that the skills fee is unlikely to pass before the TSS visa is introduced next month; however, Parliament will take up the debate again and the bill could pass as early as mid-March.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 0101248
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Government officials have provided the Migration Institute of Australia with updated information about the forthcoming Temporary Skills Shortage (TSS) visa programme.
What does the change mean? Officials confirmed that the TSS visa programme will be launched in the first half of March. They said that a requirement that applicants be ‘genuine temporary entrants’ will automatically be satisfied in most cases and that tests to determine whether sponsoring employers are discriminating against Australians will be the exception, not the norm. A number of details must still be finalised, including details related to the introduction of new labour market testing requirements, plans to expand the accredited sponsor scheme, streamline ‘lower risk’ applications and develop a Skilling Australians Fund.
Background: The Australian Government announced in April 2017 that it would abolish the Subclass 457 Temporary Skilled Work visa and replace it with the Temporary Skill Shortage (TSS) visa programme with an eye toward tighter controls over migration and the hiring of skilled foreign workers. In January, officials released some information aimed at helping employers begin to prepare for the change. The MIA met with Department of Home Affairs to seek additional information on the TSS visa programme. According to the MIA, Department officials said:
The Department also told MIA it was looking to expand the accredited sponsor scheme and that it would prioritise ‘lower risk’ TSS visa applicants. The details for both of these initiatives have not yet been finalised.
BAL Analysis: While some key parts of the TSS visa programme have not been finalised, employers are encouraged to familiarise themselves with the information that is available. BAL can assist employers in preparing for the switch to the TSS visa programme and in determining whether it is best to submit nominations and visa applications before or after the March implementation. BAL can also help employers plan for labour market testing, salary and other requirements, to the extent that they are known.
MARN: 0534021
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – LOW
What is the change? Australia has signed Work and Holiday visa agreements with Austria and the Czech Republic.
What does the change mean? Under the agreements, Australian, Austrian and Czech nationals between the ages of 18 and 30 will be able to apply for Work and Holiday visas. The visas allow for Australian and partner country nationals (Austria and the Czech Republic) to travel, work and study in each other’s countries for short-term stays.
Background: Austria and the Czech Republic will join 22 other countries that have work and holiday visa arrangements with Australia, including Argentina, Bangladesh, Chile, China, Hungary, Indonesia, Israel, Luxembourg, Malaysia, Peru, Poland, Portugal, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Thailand, Turkey, the United States, Uruguay and Vietnam. Australia’s current Work and Holiday program allows foreign nationals to visit for up to one year, during which time they may study for up to four months and work for up to six months for any one employer.
BAL Analysis: The Work and Holiday visas provide an opportunity for employers with global programs to employ Australian, Austrian and Czech nationals.
What is the change? The Australian Government has made slight changes to the lists of skilled occupations that can be filled by foreign nationals under skilled visa programmes.
What does the change mean? The changes will affect what occupations foreign nationals can be nominated into for skilled Australian visa programmes, and, in some cases, the validity period for which a temporary visa will be issued. Officials previously indicated that there would be no changes to the Medium and Long-term Strategic Skills List (MLTSSL), and while officials did indeed decide against moving any occupations off the MLTSSL to the Short-term Skilled Occupation List (STSOL), some occupations were moved from the STSOL to the MLTSSL. Others were struck altogether.
Background: The changes announced this week were minor compared to the overhaul of the occupations lists in April of 2017 and the additional changes that took effect 1 July. Overall, only three occupations were added to the STSOL. Two were moved from the STSOL to the MTLSSL. Two were removed altogether.
*Caveats apply. See the Department of Home Affairs summary of the 17 January changes to the lists of eligible skilled occupations.
For some occupations, officials added new caveats, which often restrict recruitment of foreign workers on the basis of the worker’s salary, the company’s annual financial turn over or other factors. Occupations to which new caveats will apply include Accommodation and Hospitality Managers, Management Accountants, Massage Therapists, Recruitment Consultants, Management Consultants, Supply and Distribution Managers and Taxation Accountants. Additional information on the caveat changes is available here.
BAL Analysis: Officials said recently that they “prioritised continuity” when developing the new occupation lists. And while some changes were made, they are relatively small compared to the more significant changes in April and July. With the exception of the changes listed above, employers can continue using the MLTSSL and STSOL as they have for the past six months.
The Australian Government continues to provide updates on skilled visa programmes and other immigration initiatives. Recently announced changes will affect the visa application process for same-sex partners, the processing of incomplete Subclass 457 applications and will help employers prepare for a major visa overhaul in March.
Among key developments:
BAL Analysis: Australia’s immigration policies continue to change at a rapid pace. BAL continues to work with clients and to lobby Government officials, aiming to ensure that client interests are represented as immigration rules change. Those with questions or concerns about how any of the recent changes will affect their company or their employees should not hesitate to contact BAL.
IMPACT – HIGH
What is the change? The Australian Government has provided new information about the forthcoming Temporary Skill Shortage (TSS) visa programme, which will replace the Subclass 457 visa programme in March.
What does the change mean? Among key information made available through the Government’s Skilled Visa newsletter are additional details on visa validity period, streamlined processing measures, transitional arrangements, labour market testing and salary requirements. Many details are not yet finalised, but the information that is available should help employers begin to plan for the switch to the new visa programme in March.
Key information: The Australian Government announced in April 2017 that it would abolish the Subclass 457 Temporary Skilled Work visa and replace it with the Temporary Skill Shortage (TSS) visa programme with an eye toward tighter controls over migration and the hiring of skilled foreign workers. This week, officials released some information that should help employers begin to prepare for the switch. Some key points, as highlighted in the Government’s Skilled Visa newsletter for January, are as follows:
BAL Analysis: Employers are encouraged to familiarise themselves with the information that is available about the forthcoming TSS visa programme. The streamlining measures will help ease visa processing for some sponsors and are a reminder of the benefits of becoming an accredited sponsor. BAL can assist employers, meanwhile, in determining whether it is best to submit nominations and visa applications before or after the switch. BAL can also help employers plan for labour market testing and salary requirements.
What is the change? Employers are reminded that important changes to permanent employer-sponsored skilled categories take effect in early March when the subclass 457 visa programme is terminated and replaced with the Temporary Skills Shortage visa. Transitional provisions will apply to certain subclass 457 employees applying for permanent residence after March.
What does the change mean? Foreign workers sponsored under the Employer Nomination Scheme and the Regional Sponsored Migration Scheme will be subject to stricter criteria as detailed below. However, employees who held, or applied for, a 457 visa on 18 April are eligible to be considered for permanent residency under transitional provisions that use the old criteria for occupation, age requirements, and minimum tenure.
Background: Below are the new criteria for ENS and RSMS schemes and a chart indicating who is eligible for certain transitional “grandfathering” provisions.
Eligibility for transitional provisions:
or
Employee lodged a subclass 457 visa application on or before 18 April 2017 and was subsequently granted this visa, and continues to hold this visa or a TSS visa or related bridging visa at time of application for ENS or RSMS.
BAL Analysis: Employers should prepare for the changes as they consider sponsoring employees for permanent residence under the ENS and RSMS routes. Companies are also encouraged to work with their BAL professional to preserve the grandfather rights of employees who qualify under the transitional provisions. Immigration authorities also confirmed that the new ENS and RSMS criteria will not be applied to pending applications.
What is the change? The Australian Government has announced it will not make additional changes to the Medium and Long-term Strategic Skills List (MLTSSL) at this time, saying that it has “prioritised continuity” after the list was significantly altered in April and July of 2017.
What does the change mean? Employers should continue to use the current MLTSSL, as amended in July, when determining what occupations can be filled by foreign nationals under the Temporary Work (Skilled) (Subclass 457) visa, the Training (Subclass 407) visa, the Employer Nomination Scheme (Subclass 186) visa or the Regional Sponsored Migration Scheme (Subclass 187) visa programmes.
Background: The MLTSSL and STSOL replaced the Skilled Occupation and Consolidated Sponsored Occupation lists in April, when 216 occupations were removed from the set of occupations eligible to be filled by foreign nationals under certain skilled visa programmes. In July, more than 30 occupations were added to the lists. Others moved between the two lists, and 12 were removed altogether. Officials indicated at the time that the occupation lists would be regularly reviewed, with a view to supporting the changing needs of Australian industry and Australian workers. In November, The Department published a traffic light bulletin indicating that no changes would be made to the MLTSSL. The Department also proposed removing four occupations from the STSOL and adding five new occupations to the list. Officials have since confirmed there will be no changes made to the MLTSSL. BAL is working to confirm whether any changes will be made to the STSOL.
BAL Analysis: The decision not to make additional changes to the MLTSSL will allow companies to continue using the MLTSSL as they have for the past six months. BAL will alert clients to any changes to the STSOL should they be announced.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com. MARN: 0534021
What is the change? The Australian Government has established a new agency, the Department of Home Affairs, which will oversee a number of functions including immigration, borders, security, criminal justice, emergency management and cultural affairs.
What does the change mean? The Department of Immigration and Border Protection will be among the agencies incorporated under the Department of Home Affairs. References to previous functions will be updated in the first half of 2018.
Background: The establishment of the Department of Home Affairs is part of reforms to the country’s national security and intelligence that were announced on July 18.
BAL Analysis: The new central agency will allow various departments to better integrate with each other, share information and provide coordinated strategy and policies.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
The Government has announced that it will extend to three years the period during which newly arrived migrants will be barred from accessing certain welfare benefits. The Government will also increase to three years the period during which applicants for family visas must have an assurance of financial support.
Key points:
Background: The changes were announced in the Government’s Mid-Year Economic and Fiscal Outlook, which was released earlier this month. The Government estimates it will save A$1.4 billion by extending the waiting period for welfare benefits from two to three years.
BAL Analysis: Extending the waiting period before migrants can access welfare benefits is expected to save money, but could be a deterrent for those considering relocating to Australia. The new financial assurance requirement, meanwhile, will make applying for family visas slightly more difficult.