The Australian government has begun the rollout of certain policies announced as part of the migration strategy.

Key Points:

  • As BAL previously reported, the Australian government released the latest migration strategy outlining key actions and new policy commitments to overhaul the current migration system.
  • The strategy is aimed at tightening visa regulations for international students, specifically targeting temporary graduate and student visas in the vocational and private tertiary sector.
  • For all student visa applications lodged on or after March 23, the genuine student requirement replaced the genuine temporary entrant (GTE) requirement for student visas so that applicants no longer need to satisfy the GTE requirement to provide that they genuinely intend to only stay in Australia temporarily and that they are not motivated to obtain work authorization status.
    • The government has simultaneously granted the Australian skills quality authority the ability to crack down on education providers, focusing on integrity and quality.
  • In addition, higher English language levels requirements for temporary graduate and student visa candidates are now in effect and applications for student or temporary graduate visas will now be assessed under the new English language requirements.

Additional Information: The genuine temporary entrant requirement will remain in effect for student guardian visa applicants. The new genuine student requirement is designed to attract international students with studies and qualifications obtained in Australia and allow them to stay and fill key skill shortages and provide post-study pathways to permanent residence. Australian officials describe that the English language reforms for student visas will support international students and prepare them for the workforce should they decide to pursue work after graduation.

BAL Analysis: These measures represent significant changes to the immigration system and are designed to attract greater highly skilled foreign talent and better prepare international students to enter the Australian workforce. These changes were announced as part of the Australian Government’s Migration Strategy released in Dec. 2023 that was designed to reduce net overseas migration to pre-pandemic levels.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Australian authorities introduced a new permanent resident visa program, the Pacific engagement visa, for nationals of participating Pacific island countries and Timor-Leste.

Key Points:

  • The new permanent resident visa program will fall under subclass 192. It will provide 3,000 citizens of participating Pacific island countries and Timor-Leste and their immediate family members permanent placement.
  • More information on eligibility requirements can be found on the PEV (subclass 192) page.

Additional Information: To be eligible for the PEV, individuals must be between 18 and 45 years old, have a formal job offer in Australia and meet other visa requirements, including English language, character and health checks. The PEV allocation will be determined by a ballot process each year, and those selected will then be able to apply for permanent residence. The Department of Home Affairs stated that applications will be completed online, and the filing window should start in July.

BAL Analysis: Government officials stated that the new permanent resident visa program will grow Pacific migration in Australia and strengthen cultural, business and educational exchanges. BAL will continue following this matter and will provide further information ahead of the commencement of the program in 2024.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

The Australian government has released the latest migration strategy outlining key actions and new policy commitments to overhaul the current migration system.

Key Points:

  • Net overseas migration is expected to be at a record 510,000 for 2022-23, and the government hopes to reduce migration numbers to pre-pandemic levels of around 250,00 by June 2025.
  • To accomplish this, the 10-year migration strategy aims to tighten visa regulations for international students, specifically targeting temporary graduate and student visas by:
    • Reducing the approved length of stay and updating age eligibility.
    • Establishing higher English language levels, and restrictions on course types and course swapping.
    • Increasing scrutiny on applying for a second visa – any further study must prove it will advance an individual’s academic aspirations or careers.
  • The new strategy also includes measures to help businesses recruit top skilled migrants. The creation of a new specialist ‘skills in demand’ visa will replace the temporary skill shortage (formerly the 457 visa) as Australia’s main temporary skilled work visa. The new visa will:
    • Give temporary skilled migrants more mobility and flexibility in finding alternative sponsors/employers.
    • Provide an expedited processing time of one week.
    • Offer better prospects for permanent residency.

Additional Information: The labor market testing requirements for certain categories of the TSS visa (subclass 482) and skilled employer sponsored regional (provisional) visa (subclass 494) have also been updated as of Dec. 11. Businesses are no longer required to post a job advertisement on the government employment service Workforce Australia. However, employers must still conduct two valid non-governmental advertisements, and provide evidence of a total of two advertisements at the time the nomination is lodged. Additional information regarding the advertising requirements can be found here.

BAL Analysis: Australian officials said migration numbers need to be wound back to a “sustainable level.” The government is hoping to revamp the migration system, while also addressing the shortage of skilled workers. The measures represent significant changes to the immigration system and are designed to reduce the number of migrants coming to the country and attract greater highly skilled foreign talent at the same time. Employers should be aware of the proposed government incentives for recruiting specialist talent in their 2024 employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

Australia’s Department of Home Affairs has updated the application process for the partner subclass 309 and 820 visas and the temporary graduate 485 subclass visa.

Key Points:

  • Partner subclass 309 and 820 applicants can now be in or outside Australia when their temporary visa application is granted.
  • Temporary graduate subclass 485 visa applicants can now be in or outside Australia at the time their visa is granted, but they still need to be in the country at the time of lodgment. Visas will be granted to applicants located in or outside the country except in immigration clearance circumstances.
  • Partner subclass 309 applicants were previously required to be outside Australia when their visas were granted, and partner subclass 820 and temporary graduate subclass 485 applicants were previously required to be inside Australia when their visas were granted.

BAL Analysis: Partner subclass 309 visa applicants are still required to be outside Australia when applying for the visa, while partner subclass 820 visa applicants are still required to be in Australia when applying. The government of Australia is expanding options for applicants at the time visas are granted but maintaining locational requirements when applications are filed.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

Australian officials have announced the proposed expansion of the permanent residence pathway for temporary skill shortage subclass 482 visa holders will begin Nov. 25.

Key Points:

  • Government officials previously announced they would reform parts of the skilled migration program specifically under the employer-sponsored temporary skill shortage visa subclass 482 short-term and labor agreement streams.
  • The proposed change will mean that SC 482 visa holders in the short-term and labor agreement streams will be eligible for permanent residence through the employer nomination scheme 186 visa in the temporary resident transition stream. This was previously limited to SC 482 visa holders in the medium- and long-term stream.
  • In addition, the period of time required to qualify for the SC 186 visa in the TRT stream will be reduced to two years, which was previously not available until after three years of sponsored employment.
  • Holders of a SC 482 visa in the short-term stream will no longer need to travel offshore to apply for a third visa, as is currently the case.

BAL Analysis: The details of the final changes have not yet been announced, but government officials have now said the proposed implementation date will be Nov. 25. This is a welcome change for temporary skill shortage subclass 482 visa holders who are sponsored on the short-term skilled occupation list. BAL will provide more information once the changes are implemented.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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 — MEDIUM

‌The Australian government has closed its pandemic event (subclass 408) visa to new applicants.

Key Points:

  • Pandemic event (subclass 408) visas are closed to new applicants as of Sept. 2, 2023.
  • Current COVID pandemic event (subclass 408) visa holders may remain in Australia until their visa expires. These visa holders are eligible for a six-month extension for $405 AUD (US$258.25) plus credit card surcharges when a renewal application is made prior to Feb. 1, 2024.
  • The pandemic event (subclass 408) program will close to renewing applicants on Feb. 1, 2024.

Additional Information: Australia created the COVID pandemic event (subclass 408) visa in 2020. This program allowed eligible temporary visa holders to remain onshore and work unlimited hours during the pandemic when they were unable to leave the country due to international border closures.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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 — MEDIUM

The Australian government has exempted U.K. nationals and permanent residents from labor market testing requirements.

Key Points:

  • Employers in Australia intending to hire U.K. nationals and permanent residents are no longer required to conduct a labor market test before submitting Temporary Skill Shortage visa applications.
  • Previously, employers were required to complete a labor market test for potential employees, regardless of their nationality or country of residence.
  • Processing times for Temporary Skill Shortage visas will be reduced by approximately one month because of the labor market test exemption.

Additional Information: Nationals and permanent residents of Canada, Chile, New Zealand, Singapore, South Korea and the United Kingdom are exempt from the labor market testing requirement. Nationals of China, Japan, Malaysia, Mexico, Thailand and Vietnam are also exempt from the requirement. More information is available here.

BAL Analysis: The Australian government exempted U.K. nationals and permanent residents from the labor market testing requirement to streamline the application process and reduce processing times.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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 — MEDIUM

The Australian and Indian governments signed an agreement to promote migration for students, graduates and academic professionals to live and work in each other’s countries.

Key Points:

  • Beginning July 1, Indian nationals who are graduating from higher education institutions in Australia will be eligible for post-study work visa options valid for up to eight years.
  • Indian nationals will be able to apply for a new pilot program, the Mobility Arrangement for Talented Early-Professionals Scheme, to live and work in the country.
  • MATES will be available for up to 3,000 Indian nationals working in agriculture technology, artificial intelligence, engineering, financial technology, information and communication technology, mining and renewable energy industries.

Additional Information: Indian authorities are expected to announce reciprocal program details in the coming weeks. More information is available here.

BAL Analysis: The governments of Australia and India signed the mobility agreement to attract highly skilled workers to each other’s countries and increase economic cooperation. BAL will provide more information regarding the new immigration programs as it is made available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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 — MEDIUM

The Australian government has provided updates to the planned increase to the Temporary Skilled Migration Income Threshold taking effect in July.

Key Points:

  • Beginning July 1, the TSMIT will increase to 70,000 AUD (about US$46,500) from 53,900 AUD.
  • New nomination applications submitted after June 30 will need to meet the new TSMIT of 70,000 AUD or the annual market salary rate, whichever is higher.
  • This change will not affect existing visa holders and nominations submitted before July 1, 2023.

Additional Information: Australian authorities plan to provide more information regarding the TSMIT increase closer to the July 1 implementation date.

BAL Analysis: The TSMIT determines which positions are eligible for sponsorship in Australia. Employers must demonstrate to immigration authorities that the market salary rate for the proposed role is above the TSMIT in order for the position to be eligible for nomination.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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 — MEDIUM

The Australian government recently announced plans to welcome 190,000 permanent migrants in the 2023-24 fiscal year.

Key Points:

  • Under current plans, the 190,000 places will be allocated as follows:
    • Skilled (137,100 places). This stream is designed to improve the economy and reduce skill shortages in the Australian labor market.
    • Family (52,500 places). This stream consists of mainly Partner visas, helping Australians to reunite with family members and provide them with pathways to citizenship.
    • Special Eligibility (400 places). This stream covers visas for those in special circumstances, including permanent residents returning to Australia after time spent in another country.
  • Australian authorities can redistribute places between Skill stream visa categories on an ongoing basis to respond to changing economic conditions as they occur.

Additional Information: A complete breakdown of the Migration Program planning levels announced as part of the 2022-23 and 2023-24 budgets is available here.

BAL Analysis: ​​The government said the 2023-24 migration plan was “designed to boost Australia’s economic recovery and drive social cohesion outcomes in the post-pandemic environment.” Compared to the 2022-23 plan, Australian authorities increased the total number of places for Skilled visa categories by over 27,000.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.