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IMPACT – LOW
What is the change? The Visa Evidencing Charge (VEC) will increase from AUD70 to AUD150.
What does the change mean? From 1 July 2014, individuals requesting a visa label to be affixed to their passports must pay the increased fee.
Background: All visa grants are recorded electronically and can be verified online, but those who request a visa label as evidence of their visa grant are charged a fee. Online verification of visa status is now widely used and accepted. It is intended that the increased charge will strike a balance between encouraging clients to use online verification, while remaining non-prohibitive for those that continue to want a label in the short term.
Since the introduction of the VEC in 2012, demand for visa labels has decreased by approximately 90 per cent. The department seeks to further reduce the residual demand for visa labels.
BAL Analysis: This is in accordance with the Australian Government‘s move toward digital services.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 1174572
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IMPACT – MEDIUM
What is the change? The government has added foreign chefs, bricklayers and tilers to its Skilled Occupation List.
What does the change mean? Workers in those categories may now apply for permanent visas without employer sponsorship.
Background: Citing labour shortages in those areas, the Abbott government has lifted the employer sponsorship requirement for foreign chefs, bricklayers and tilers. With the 3 per cent cap, up to 2,283 foreign chefs could be accepted; the 6 per cent cap for bricklayers and tilers would mean up to 1,401 and 948 openings, respectively. Candidates must file an expression of interest with the Department of Immigration and Border Protection, which evaluates them on a points system. If candidates are then invited to apply for visas, they have 60 days to do so.
The government sets a limit on the number of available jobs on the skilled occupations list to 6 per cent of the total workforce in each of its 188 job categories. The cap for foreign chefs was set at 3 per cent for an initial six-month period, and then it could be raised.
BAL Analysis: The addition of these three job categories to the skilled occupations list will make it easier for employers to hire in these sectors without going through extensive immigration procedures, but the expansion of the list is unpopular with unions who argue there is no shortage of local workers in these job categories.
MARN: 9683856
What is the change? The Fair Work High Income Threshold is increasing from AUD129,300 per year to AUD133,000.
What does the change mean? The new salary threshold will affect workers over age 50 on Temporary Work (Skilled) visas (subclass 457) seeking Australian residency.
Background: The Fair Work Act 2009 established the High Income Threshold for employees claiming unfair dismissal. The threshold prevents workers who earn more than the threshold and who are not covered by a modern award or enterprise agreement from making an unfair-dismissal claim. Every 1 July, the government adjusts the threshold.
BAL Analysis: The annual adjustment is important for individuals over 50 applying for Australian residency under the Employer Nomination Scheme. Individuals over 50 must have been working for their nominating employer as the holder of a subclass 457 visa for at least four years immediately before applying, and their employer must have paid a salary at least as much as the Fair Work High Income Threshold in each of the four years.
The increased threshold means that employers may need to adjust some salaries so that workers will maintain their eligibility under these rules.
What is the change? Skills assessments issued by assessing authorities for the purpose of visa applications are only valid for a period of three years, or if a shorter validity period is specified in the assessment, for that shorter period.
What does the change mean? Previously, skills assessments did not expire for the purposes of visa applications. The default three-year validity period is to align with the existing three-year validity period for English language tests.
Background: This change will ensure that applicants provide assessments that meet current standards.
BAL Analysis: The amendments are intended to correct a problem whereby expired or old skills assessments must be accepted by the Minister’s delegate. This is true even if current job requirements for the applicant’s nominated occupation have changed substantially and the applicant may not, if assessed today, satisfy those skills assessments.
What is the change? The Australian Government plans to halt a law passed by the former government and set to take effect this month that would have imposed stricter visa rules for oil-rig workers.
What does the change mean? The current government has introduced a new regulation overriding the requirement that offshore workers obtain a permanent “offshore resources visa” and replacing it with a relaxed rule that they hold only a permanent, maritime crew, or temporary work visa.
Background: Prime Minister Tony Abbott’s government unveiled the regulation as a way to quash the Migration Amendment (Offshore Resources Activity) Act passed by the former Labor Government and set to take effect 30 June. That legislation regulates foreign workers and would have required that offshore workers obtain a new type of “offshore resources” visa.
Abbott’s Coalition Government tried to repeal the entire legislation but has not been successful. Instead, last week, Assistant Minister for Immigration, Michaelia Cash, introduced a regulation to ease the rule to require only permanent, maritime crew or temporary work visas. Cash has said the government will continue to pursue repeal of the Migration Amendment.
BAL Analysis: While the regulation is intended to soften the regulatory impact of new visa rules on foreign oil-rig workers, it is still unclear what procedures will be required for those workers to obtain such visas.
IMPACT – HIGH
What is the change? Australia has eliminated several family visa classes and subclasses.
What does the change mean? As of 2 June, applicants will no longer be able to apply for the Aged Dependent Relative visa classes and subclasses, the Remaining Relative visa classes and subclasses, the Carer visa classes and subclasses, or the Parent and Aged Parent visa classes and subclasses. The Contributory Parent visa subclasses will still be available.
Background: On 29 May, the Australian Government adopted Legislative Instrument No. 65, 2014, repealing four visa classes and eight visa subclasses that provide for permanent residence for certain family members of principal foreign nationals.
As of Monday, 2 June, the following family categories are eliminated:
Note that the Contributory Parent visa subclasses have not been eliminated and eligible individuals may still apply in these categories:
BAL Analysis: This is a sudden change with little notice that will have a negative impact on the flexibility of foreign nationals to apply for permanent residency for certain family members.
What is the change? Australia’s budget, released 13 May, contains detailed planning figures for the 2014-15 Migration Program.
What does the change mean? The total number of visas will remain identical to last year. There are slight changes to the allocation of visas within the skilled migration category and within the family category.
Background: The budget indicates that 190,000 visas are projected to be granted in 2014-15, the same number as last year. The proportion of skilled migration visas (67.7 percent) compared to family visas (32 percent) will also remain the same as last year. Within the skilled stream, there are slight adjustments. A total of 1,000 visas will be reallocated from the skilled independent subcategory to the employer-sponsored subcategory. All other skilled subcategories remain the same.
The number of visas in the Business Innovation and Investment program will also remain unchanged from last year at 7,260.
In the family visa category, the number of total visas is unchanged from last year at 60,885. However, the number of visas for parents has been reduced from 8,925 to 8,675, while the number of visas has been raised for children (from 3,850 to 3,885) and partners (from 47,525 to 47,825). Visas for other family members (aged dependant, caregiver and remaining relatives) are reduced from 585 to 500.
BAL Analysis: The budget numbers show little change from last year and businesses can plan accordingly.
What is the change? Australia has announced that it has agreed to a reciprocal Work and Holiday visa program with Greece.
What does the change mean? The arrangement will allow 500 young people from each country to take up short-term work and limited study while on holiday in the other’s country.
Background: Australia is actively expanding its Work and Holiday program. Greece is the 12th country to enter into reciprocal agreements with Australia. The others are Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Poland, Thailand, Turkey, the U.S. and Uruguay.
BAL Analysis: Expansion of this program may benefit companies with global training programs because it will allow them to train and hire young student interns on Work and Holiday visas.
What is the change? The Department of Immigration and Border Protection has removed the nomination ceiling on subclass 457 visas for standard business sponsorship applications approved after 14 February 2014.
What does the change mean? This means that companies will not be limited to the number of nominations stipulated on their sponsorship application.
Background: The government made this sudden change in policy on 14 February when it removed language in Reg 2.63(2) that said a standard business sponsorship expired when the number of approved nominations (the nomination ceiling) is reached. The regulation now says only that a sponsorship expires on the end date of sponsorship approval.
Businesses whose standard business sponsorship applications are approved after 14 February 2014 can exceed the number of nominations stipulated on their application form, up until the expiry date of the sponsorship status (three years from the date of approval).
Sponsorship applications that were approved prior to 14 February 2014 and are subject to a nomination ceiling will continue to expire when that nomination ceiling has been reached.
BAL Analysis: Businesses will welcome this change, as it allows them greater flexibility should they find an unexpected need for more subclass 457 visas which they may not have anticipated when they initially applied for sponsorship status.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
What is the change? Australia has made its SmartGate automated border processing system available to Singapore nationals.
What does the change mean? Singapore nationals holding an ePassport will be able to self-process through passport control.
Background: Australian Immigration and Border Protection passed Immigration Instrument 13/158 on Feb. 7, adding Singapore to the list of countries whose citizens can self-process at Australian airports.
SmartGate uses facial recognition technology to match a traveler’s facial features to a digital chip with biometric data that is embedded in his or her ePassport. A traveler using SmartGate will first self-check at a kiosk to confirm eligibility, after which SmartGate will perform the identity check and clearance. Travelers must hold an ePassport and be at least 16 years old.
Singapore is the sixth country to be eligible for SmartGate, which is currently used by nationals of Australia, New Zealand, Switzerland, the United Kingdom and the United States. Please note that U.S. passport holders must be enrolled in the U.S. government’s Global Entry program to be eligible for SmartGate access.
BAL Analysis: The expansion of SmartGate is expected to reduce airport queues and streamline border clearance by diverting more travelers from checks normally performed by Customs and Border Protection staff.